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 .
Status of Claims
This communication is in response to application No. 18/733,203, filed on 06/04/2024. Claims 1-19 are currently pending and have been examined. Claims 1-19 have been rejected as follows.
Priority
Applicant' s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 09/10/2024 has been acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because the reference numbers in the drawings do not match with the reference numbers in the specification. For example, top chassis 104 is described as top chassis 14 in the specification, bottom chassis 102 is described as bottom chassis 12. Due to this issue, many of the reference numbers in the drawings cannot be found in the specification, and vice versa. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because “Further, A method for securing a wheelchair” should be changed to “Further, a method for securing a wheelchair”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
There are no periods throughout the specification, making it difficult to read.
The reference numbers in the specification do not match the reference numbers in the drawings.
In par. 13 and 66, Fig. 1 should be Fig. 10
In par. 71, "a third mode in which wheelchair 32 is occupied and/or otherwise fitter" should be "a third mode in which wheelchair 32 is occupied and/or otherwise fitted"
In par. 69 , "At 114, the user (eg, wheelchair occupant, rider, etc who uses app 8 or avails the ride-sharing services managed by fleet management system 98) may be promoted for wheelchair settings" should be "At 114, the user (eg, wheelchair occupant, rider, etc who uses app 8 or avails the ride-sharing services managed by fleet management system 98) may be prompted for wheelchair settings"
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-12 and 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Brahic (US 20230110338 A1), hereinafter ’338.
Regarding claim 1, ‘338 teaches a wheelchair securement system (Fig. 1, AUWR 100) for a vehicle (Fig. 6, AV 602) comprising: a latch configured to grasp an axle of a wheelchair (Fig. 1, latch 112); actuators operatively coupled to the latch (par. 33, "actuators 120 (not shown) may control movements of top chassis 104, arm 108 and latch 112"); and a controller configured to generate control signals that control movement of the actuators to place the latch in an operative position before the wheelchair enters the vehicle (par. 40, "a controller (not shown) which directs actuators 120 using any suitable means, for example, through electrical control signals...AUWR 100 may be actuated by the controller and moved into the appropriate position for the particular wheelchair before the wheelchair occupant enters the AV"), the operative position comprising a location where the axle of the wheelchair can be grasped securely (par. 76, "The operative position comprises positioning the latch at a location where the axle of the wheelchair can be grasped securely.").
Regarding claim 2, ‘338 teaches the wheelchair securement system of claim 1, further comprising a remote control in communication with the controller, wherein operations on the remote control provide instructions to the controller for generating the control signals (par. 40, " The remote control may be coupled to the controller, which then directs actuators 120 accordingly").
Regarding claim 3, ‘338 teaches wheelchair securement system of claim 1, further comprising an application software executing in an electronic device, wherein the application software provides instructions to the controller for generating the control signals (par. 80, "an application software executing in an electronic device, in which the application software provides instructions to the controller for selecting between the three selections.").
Regarding claim 4, ‘338 teaches the wheelchair securement system of claim 1, wherein the latch is located at a front-facing rear passenger-side of the vehicle (Fig. 6, AUWR 100).
Regarding claim 5, ‘338 teaches a wheelchair restraint (Fig. 6, AUWR 100) for a vehicle (Fig. 6, AV 602) comprising: a bottom chassis securely fastened to a floor of the vehicle (Fig. 1, bottom chassis 102); a top chassis configured to slide up and down relative to the bottom chassis (Fig. 1, top chassis 104); an arm configured to rotate around a pivot axis at a first end proximate to the top chassis (Fig. 1, arm 108); a latch configured to securely grasp an axle of a wheelchair, the latch being attached to a second end of the arm distant from the top chassis and configured to slide relative to the arm toward and away from the top chassis (Fig. 1, latch 112); a first actuator configured to slide the top chassis relative to the bottom chassis; a second actuator configured to rotate the arm around the pivot axis; and a third actuator configured to slide the latch relative to the arm (par. 33, "actuators 120 (not shown) may control movements of top chassis 104, arm 108 and latch 112").
Regarding claim 6, ‘338 teaches the wheelchair restraint of claim 5, wherein the latch comprises a horizontal clasp and a vertical clasp (Fig. 1, horizontal clasp 116 and vertical clasp 118) and the wheelchair restraint further comprises a fourth actuator configured to move the horizontal clasp and the vertical clasp to securely grasp the axle of the wheelchair (par. 83, "a fourth actuator configured to move the horizontal clasp and the vertical clasp to securely grasp the axle of the wheelchair").
Regarding claim 7, ‘338 teaches the wheelchair restraint of claim 5, wherein the first actuator, the second actuator, and the third actuator are controlled by a controller according to preset configuration settings of the wheelchair (par. 84, “the first actuator, the second actuator, and the third actuator are controlled by a controller according to preset configuration settings of the wheelchair.”).
Regarding claim 8, ‘338 teaches the wheelchair restraint of claim 5, wherein the top chassis slides relative to the bottom chassis using a sliding mechanism comprising rails (par. 85, "the top chassis slides relative to the bottom chassis using a sliding mechanism comprising rails").
Regarding claim 9, ‘338 teaches the wheelchair restraint of claim 5, wherein the top chassis slides relative to the bottom chassis using a sliding mechanism comprising slots and pins (par. 86, "the top chassis slides relative to the bottom chassis using a sliding mechanism comprising slots and pins.").
Regarding claim 10, ‘338 teaches a method for securing a wheelchair in a vehicle, the method comprising: receiving wheelchair settings of a wheelchair to be secured in a vehicle (par. 88, "the preset configuration settings are received from an onboard computer in the AV"); generating control signals according to the wheelchair settings (par. 68, "controller 902 may generate control signals according to the wheelchair settings accessed and retrieved from memory."); communicating the control signals to an actuator of a wheelchair restraint, wherein the actuator moves the wheelchair restraint to secure the wheelchair according to the control signals (par. 68, "controller 902 may communicate the control signals to actuators 120. At 1114, actuators 120 may move AUWR 100 (and unlock OWR 402 as needed) according to control signals received from controller 902.").
Regarding claim 11, ‘338 teaches method of claim 10, further comprising prompting a user for the wheelchair settings (par. 67, " the user (e.g., wheelchair occupant, rider, etc. who uses app 800 or avails the ride-sharing services managed by fleet management system 908) may be [prompted] for wheelchair settings.”).
Regarding claim 12, ‘338 teaches the method of claim 11, wherein the prompting is through an application software installed in an electronic device (par. 67, "In some embodiments, this prompting may be performed through the user interface of app 800.").
Regarding claim 14, ‘338 teaches the method of claim 10, further comprising storing the wheelchair settings in a memory (par. 67, " the user input wheelchair settings may be stored in memory").
Regarding claim 15, ‘338 teaches the method of claim 14, wherein the memory is associated with a controller that generates the control signals based on the wheelchair settings stored in the memory (par. 68, "controller 902 may generate control signals according to the wheelchair settings accessed and retrieved from memory.").
Regarding claim 16, ‘338 teaches the method of claim 14, wherein the memory is associated with an onboard computer in the vehicle (par. 67, "the memory storing the wheelchair settings may be located in onboard computer 910"), and the method further comprises communicating the wheelchair settings stored in the memory of the onboard computer to a controller that generates the control signals (par. 68, "controller 902 may generate control signals according to the wheelchair settings accessed and retrieved from memory.").
Regarding claim 17, ‘338 teaches the method of claim 14, further comprising modifying the control signals according to updated instructions received from a remote control in the vehicle coupled to the controller (par. 68, "the user may update instructions using remote control 810").
Regarding claim 18, ‘338 teaches the method of claim 10, wherein the wheelchair restraint comprises: a bottom chassis securely fastened to a floor of the vehicle (Fig. 1, bottom chassis 102); a top chassis configured to slide up and down relative to the bottom chassis (Fig. 1, top chassis 104); an arm configured to rotate around a pivot axis at a first end proximate to the top chassis (Fig. 1, arm 108); a latch configured to securely grasp an axle of a wheelchair, the latch being attached to a second end of the arm distant from the top chassis and configured to slide relative to the arm toward and away from the top chassis (Fig. 1, latch 112).
Regarding claim 19, ‘338 teaches the method of claim 18, wherein the actuator comprises: a first actuator configured to slide the top chassis relative to the bottom chassis; a second actuator configured to rotate the arm around the pivot axis; and a third actuator configured to slide the latch relative to the arm (par. 33, "actuators 120 (not shown) may control movements of top chassis 104, arm 108 and latch 112").
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over ’338 in view of Brahic, hereinafter ‘267.
‘338 teaches the method of claim 11, wherein the prompting is through a remote control coupled to a controller in the vehicle (par. 67, “In other embodiments, this prompting may be performed through other means”).
‘338 fails to explicitly teach the prompting is through a remote control coupled to a controller in the vehicle.
However, ‘267 teaches the prompting is through a remote control coupled to a controller in the vehicle (claim 9, " the prompting is through a remote control coupled to a controller in the vehicle.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified ‘338 to incorporate the teachings of ‘267 in order to allow the passenger to secure a wheelchair to the vehicle regardless of the make and model (par. 18).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINATO LEE HORNER whose telephone number is (571)272-5425. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christian Chace can be reached at (571) 272-4190. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.L.H./Examiner, Art Unit 3665 /CHRISTIAN CHACE/Supervisory Patent Examiner, Art Unit 3665