DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election without traverse of Species III as represented by Figure 9 in the reply filed on 11/17/25 is acknowledged.
Claims 40-42 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/17/25.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 28-30, 43-45, and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Menkedick et al. (US PG Pub No. 20080010748 and hereinafter “Menkedick”) in view of Rolland (EP 2722028 A1) or DeLuca et al. (US PG Pub No. 20160089283 and hereinafter “DeLuca”).
Re Claim 28
Menkedick discloses:
A patient transport apparatus for supporting a patient (title, see all figures, abstract), the patient transport apparatus comprising:
a support structure including a base (28), an intermediate frame (32) having a patient support deck (24 and/or 26), and a lift assembly (34) arranged between the base and the intermediate frame and including an electric actuator (48) configured to raise and lower the intermediate frame relative to the base (fig. 1, paragraph 0183);
a battery for providing power to the patient transport apparatus (see modification below, providing a battery as claimed)
a primary user input device coupled to the support structure and arranged for user engagement to operate the lift assembly (56);
a patient transport apparatus controller (44) disposed in electrical communication with the lift assembly, the battery (see below), and the primary user input device, the patient transport apparatus controller configured to operate the lift assembly between a suspended mode and an operating mode to drive the electric actuator of the lift assembly with power from the battery in response to user engagement with the primary user input device when a charge state of the battery is above a predetermined charge threshold (e.g. above zero); and
a backup system (46) for operating the lift assembly during operation of the patient transport apparatus in the suspended mode, the backup system including a backup user input device (736) coupled to the support structure and in electrical communication with the battery and the electric actuator (see the battery backup system section beginning at paragraph 0355), the backup user input device arranged for user engagement to operate the lift assembly when the patient transport apparatus controller is in the suspended mode (see the battery backup system section beginning at paragraph 0355).
Menkedick discloses a backup battery system (see above), but regarding the limitation of “a battery for providing power to the patient transport apparatus,” the primary power mode does not appear to be battery powered in Menkedick. However, it is known in the art and would have been obvious to one having ordinary skill in the art prior to the effective filing date to have person transport / support devices with a primary power system being a battery as well as having a backup battery system for mobility and backup in the event of a failure. See Rolland – claim 1 and see also “two batteries, one designed for general autonomy, the other backup operating via a relay with no voltage and providing backup autonomy.” See DeLuca figures 53-54 and paragraphs 0261-0267.
Re Claim 29
Menkedick as modified above discloses:
wherein the patient transport apparatus controller includes a motion control circuit interposed between the battery and the lift assembly, the motion control circuit configured to operate the lift assembly (motion control circuitry is discussed extensively throughout Menkedick and circuit boards are positioned in various places in the apparatus included, for example, in the side rail and elsewhere; there is circuitry coupled to and between the battery (see the modification above) and the lift assembly; nevertheless, to the extent necessary, it would have been obvious to one having ordinary skill in the art prior to the effective filing date to simply rearrange the parts since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.).
Re Claim 30
Menkedick as modified above discloses:
wherein the motion control circuit includes:
a lift assembly output (see paragraph 0297; e.g. any of the outputs from the control system to one or more of the motors) disposed in electrical communication with a lift assembly input (e.g. connection to a power source or one of the buttons which activates movement) defined by the lift assembly to provide power to the electric actuator;
a motor bridge electrically coupled to the lift assembly output (the electrical connection from the motor to the control / circuitry); and
a motion control unit (512) electrically coupled to the motor bridge to drive the electric actuator with power from the battery in response to user engagement with the primary user input device (see paragraph 0297 for example).
Re Claim 43
Menkedick as modified above discloses:
wherein … the backup user input device being configured for user-selected operation between:
an interrupt state defined by interrupted electrical communication between the battery and the lift assembly (see paragraphs 0355 – 0372 and the modification above as well), and
a drive state defined by electrical communication between the battery and the lift assembly (see paragraphs 0355 – 0372 and the modification above as well).
Menkedick as modified above does not explicitly disclose that “the backup user input device is interposed between the battery and the lift assembly.” The input button is shown in figure 31 and does not explicitly appear to be in the claimed location. However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date to have the backup user input device is interposed between the battery and the lift assembly, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Such a modification would have been obvious for the purpose of, for example, providing a more accessible location for the user.
Re Claim 44
Menkedick as modified above discloses:
wherein the predetermined charge threshold is defined as a state of charge to permit a predetermined number of articulations of the electric actuator reserved for emergency situations (see paragraphs 0355 – 0372 and the modification above as well).
Re Claim 45
Menkedick as modified above discloses:
wherein the primary user input device includes a primary input control arranged for user engagement to operate the lift assembly (see fig. 1 and associated descriptions in the spec of the primary user input device as mapped above, e.g. [0187]).
Menkedick as modified above does not explicitly disclose that the primary user input device is disposed on the intermediate frame. However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date to have the primary user input device is disposed on the intermediate frame, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Such a modification would have been obvious for the purpose of, for example, providing a more accessible location for the user. Note that the pedals could be readily replaced / substituted with alternative controls with the location switch, such as a touch screen, buttons, or handles as is commonly known in the art.
Re Claim 47
Menkedick as modified above discloses:
wherein the backup user input device is disposed on the base (at least indirectly, see figs. 1 and 31).
Claim(s) 48 is rejected under 35 U.S.C. 103 as being unpatentable over Menkedick et al. (US PG Pub No. 20080010748 and hereinafter “Menkedick”) in view of Rolland (EP 2722028 A1) or DeLuca et al. (US PG Pub No. 20160089283 and hereinafter “DeLuca”) and further in view of Birkmann (US Patent No. 4953243).
Re Claim 48
Menkedick as modified above discloses all claim limitations, see above, except:
wherein the backup user input device includes a pair of backup input controls, each of the pair of backup input controls arranged for user engagement to operate at least the lift assembly;
wherein the backup user input device operates the lift assembly in response to simultaneous actuation of each of the pair of backup input controls; and
wherein the backup input controls are disposed in spaced relation from each other to inhibit single-handed operation by a user.
Birkmann teaches the principle of all of the above in order to improve the safety of the apparatus and eliminate accidental or inadvertent commands (see C1 L59 – C2 L10, “To solve these and other problems in the prior art, and to also improve the functionality of an adjustable bed for emergency situations, the inventors herein have succeeded in designing and developing a control circuit which is operable by existing switches for providing an emergency re-positioning of the adjustable bed from its existing position into a CPR position which is characterized by a flat mattress surface at a specific height, e.g., the full up bed position. Furthermore, in order to provide greater safety and eliminate accidental or inadvertent commands, the inventors have chosen to require virtually simultaneous operation of a switch adapted for foot operation in combination with a switch adapted for hand operation. This renders it virtually impossible for a bed-ridden patient to enter the command, while at the same time requiring a staff member to thoughtfully and consciously utilize both his hand and foot in entering the command. Alternatively, any two switches could be used such as, for example, a pair of hand switches.”). It would therefore have been obvious to one having ordinary skill in the art prior to the effective filing date to incorporate the teaching of Birkmann to improve safety of the apparatus and eliminate accidental or inadvertent commands, thereby arriving at the claimed limitations above.
Allowable Subject Matter
Claim 31-33 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter with regard to claim 31 from which claims 32-33 depend. The combination of elements presented in claim 31 was not reasonably found in any anticipatory reference of record, nor is it fairly taught or suggested in the references of record. While interrupt and drive states are known in the art, the combination of the primary power source as the battery with the backup battery in the hospital bed environment along with the user-selectable feature thereof as claimed is not found in the art. The references of record demonstrate that, in the art area, the backup power sources are designed to engage automatically and are not configured for user-selected operation as claimed. This is primarily because the power draw is large for these types of beds and backup power sources are intended only to be used in emergency circumstances such that their power is to be preserved for those events. Due to the combination of limitations presented, it would appear to require impermissible hindsight reconstruction to arrive at the invention presented in claim 31.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional hospital beds, patient related structures with safety features, and backup power system devices are presented.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SOSNOWSKI whose telephone number is (571)270-7944. The examiner can normally be reached 8:30 AM - 3:30 PM and 9 PM through 11:59 PM Monday through Friday, generally.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571)272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID E. SOSNOWSKI/
Primary Patent Examiner
Art Unit 3673
/David E Sosnowski/Primary Patent Examiner, Art Unit 3673