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 .
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) 1-9, 11-14, and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being disclosed by Fowler (US Patent Application Publication 20150143628).
Regarding claim 1, Fowler teaches a first wedge (Figure 4; 50a) for use in positioning a patient on a support surface, the first wedge comprising: a first wedge body comprising: a first base wall comprising (Figure 4; bottom of wedge 50a): a plurality of first base wall edges, a first base wall first portion contiguous with each of the first base wall edges (Paragraph 68 “the patches of the directional glide material 49 covered only a portion of the surfaces 51, 52 on which they were located, such that the edges of the directional glide material 49 are spaced from the edges of the respective surfaces on which they are located”, the first base wall first portion is the portion surrounding the patch), the first base wall first portion having a first base first coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), and a first base wall second portion surrounded by the first base wall first portion (Paragraph 68 “the patches of the directional glide material 49 covered only a portion of the surfaces 51, 52 on which they were located, such that the edges of the directional glide material 49 are spaced from the edges of the respective surfaces on which they are located”, the first base wall second portion is the center patch portion), the first base wall second portion having a first base second coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), the first base second coefficient of friction greater than the first base first coefficient of friction (Figure 11d and Paragraph 79, “the engagement member 64 on the base wall 51 of the wedge 50A resists movement of the wedge 50A toward the user 74 (i.e., away from the patient 70 and toward the side edge of the bed 12)”, meaning that the engagement member 64 has a high coefficient of friction, and Paragraph 66 notes that the edge material can be a taffeta fabric which would inherently have a lower coefficient of friction which would not reduce movement. See also Paragraph 69 which describes the degree of resistance to movement (which is higher than the taffeta fabric would be)), and a first ramp surface (Figure 4; 51)the first ramp surface contiguous with the first base wall, and a first back wall (Figure 4; 53) contiguous with the first base wall and the first ramp surface.
Regarding claim 2, Fowler teaches the first ramp surface includes: a plurality of first ramp edges (Figure 4; 43), a first ramp surface first portion contiguous with each of the first ramp edges, the first ramp surface first portion having a first ramp first coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), and a first ramp surface second portion (Figure 4; 64) surrounded by the first ramp surface first portion, the first ramp surface second portion having a first ramp second coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), the first ramp second coefficient of friction greater than the first ramp first coefficient of friction (Paragraph 67 “The wedge 50A illustrated in FIGS. 4-5 has engagement members 64 of the directional glide material 49 located on the ramp surface 52 …gliding in the opposite direction D from the back wall 53 toward the apex 55 is resisted.” Thus the coefficient of friction is higher on the engagement member 64 than the taffeta fabric on the edges (see Paragraph 66) would be).
Regarding claim 3, Fowler teaches the first ramp first coefficient of friction is equal to the first base first coefficient of friction (Paragraph 66, the edge material of both the base and ramp is taffeta, thus being the same material and having the same coefficient of friction).
Regarding claim 4, Fowler teaches the first ramp second coefficient of friction is equal to the first base second coefficient of friction (Paragraph 66 describes the same material 45 being on the base wall and ramp surface, thus being the same material there would be the same coefficient of friction).
Regarding claim 5, Fowler teaches the first ramp surface second portion is centered between a first ramp edge contiguous with the first back wall and a first ramp edge contiguous with the first base wall (Figure 5; as shown).
Regarding claim 6, the first wedge further comprises: a first side wall (Figure 4; 54) extending between the first base wall, the first ramp surface, and the first back wall, and a second side wall (Figure 4; wall opposite where 54 is marked) opposite the first side wall, the second side wall extending between the first base wall, the first ramp surface, and the first back wall, and the first ramp surface second portion is centered between a first ramp edge contiguous with the first side wall and a first ramp edge contiguous with the second side wall (Figure 4; 64, as shown).
Regarding claim 7, Fowler teaches the first ramp surface second portion is a rectangular patch (Figure 4; 64, as shown).
Regarding claim 8, Fowler teaches the first base wall second portion is a rectangular patch (Figure 11d; 64 and Paragraph 68).
Regarding claim 9, Fowler teaches the first ramp surface is contiguous with the first base wall for form a first apex (Figure 4; 55), the first base wall second portion is located closer to the first apex than the first back wall (Figure 4; 64, as shown).
Regarding claim 11, Fowler teaches the first ramp surface is separated from the first back wall by a ramp angle; the first back wall is separated from the first base wall by a back angle; and the first base wall is separated from the first ramp surface by an apex angle, the apex angle being less than the ramp angle and the back angle (Paragraph 63 “The apex 55 may be the smallest angle of any of the corners of the wedge 50A-B, in one embodiment.”, see also Figure 4; 55).
Regarding claim 12, Fowler teaches the apex angle is between 15 degrees and 35 degrees (Paragraph 65).
Regarding claim 13, Fowler teaches the first ramp surface is contiguous with the first base wall to form a curved edge (Paragraph 63).
Regarding claim 14, Fowler teaches the first ramp surface is contiguous with the first base wall to form a beveled surface perpendicular to the first base wall (Figure 4; 51, as shown).
Regarding claim 16, Fowler teaches a system for use in positioning a patient on the support surface, the system including: the first wedge of claim 1 (Figure 1; 50a); a second wedge (Figure 1; 50b) comprising: a second wedge body comprising: a second base wall (Figure 7; 51), a second ramp surface (Figure 7; 52), the second ramp surface contiguous with the second base wall, and a second back wall (Figure 7; 53) contiguous with the second base wall and the second ramp surface; wherein the second wedge is configured to be positioned on the support surface independent of the first wedge(Figure 1; 50a and 50b as shown).
Regarding claim 17, Fowler teaches the second base wall comprises: a plurality of second base wall edges, a second base wall first portion contiguous with each of the second base wall edges (Paragraph 68 “the patches of the directional glide material 49 covered only a portion of the surfaces 51, 52 on which they were located, such that the edges of the directional glide material 49 are spaced from the edges of the respective surfaces on which they are located”, the first base wall first portion is the portion surrounding the patch), the second base wall first portion having a second base first coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), and a second base wall second portion (Figure 11d; 64 and Paragraph 68) surrounded by the second base wall first portion, the second base wall second portion having a second base second coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), the second base second coefficient of friction greater than the second base first coefficient of friction (Figure 11d and Paragraph 79, “the engagement member 64 on the base wall 51 of the wedge 50A resists movement of the wedge 50A toward the user 74 (i.e., away from the patient 70 and toward the side edge of the bed 12)”, meaning that the engagement member 64 has a high coefficient of friction, and Paragraph 66 notes that the edge material can be a taffeta fabric which would inherently have a lower coefficient of friction which would not reduce movement. See also Paragraph 69 which describes the degree of resistance to movement (which is higher than the taffeta fabric would be)).
Regarding claim 18, Fowler teaches the second ramp surface comprises: a plurality of second ramp surface edges, a second ramp surface first portion (Figure 9; 45) contiguous with each of the second ramp surface edges, the second ramp surface first portion having a second ramp first coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), and a second ramp surface second portion (Figure 9; 49/64) surrounded by second ramp surface first portion, the second ramp surface second portion having a second ramp second coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), the second ramp second coefficient of friction greater than the second ramp first coefficient of friction (Paragraph 69 discusses that 49 may resist sliding at a rate of 3 time greater than a base reference, while 45 may resist sliding at a rate of 2 times greater than a base reference, thus meaning the coefficient of friction of 49 would be higher than 45).
Regarding claim 19, Fowler teaches a first wedge (Figure 4; 50a) for use in positioning a patient on a support surface, the first wedge comprising: a first wedge body comprising: a first base wall (Figure 4; bottom of wedge 50a), a first ramp surface (Figure 4; 51), the first ramp surface contiguous with the first base wall, the first ramp surface comprising: a plurality of first ramp surface edges, a first ramp surface first portion contiguous with each of the first ramp surface edges, the first ramp surface first portion (Paragraph 68 “the patches of the directional glide material 49 covered only a portion of the surfaces 51, 52 on which they were located, such that the edges of the directional glide material 49 are spaced from the edges of the respective surfaces on which they are located”, the first base wall first portion is the portion surrounding the patch) having a first ramp first coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), and a first ramp surface second portion (Paragraph 68 “the patches of the directional glide material 49 covered only a portion of the surfaces 51, 52 on which they were located, such that the edges of the directional glide material 49 are spaced from the edges of the respective surfaces on which they are located”, the first base wall second portion is the center patch portion) surrounded by the first ramp surface first portion, the first ramp surface second portion having a first ramp second coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), the first ramp second coefficient of friction greater than the first ramp first coefficient of friction (Figure 11d and Paragraph 79, “the engagement member 64 on the base wall 51 of the wedge 50A resists movement of the wedge 50A toward the user 74 (i.e., away from the patient 70 and toward the side edge of the bed 12)”, meaning that the engagement member 64 has a high coefficient of friction, and Paragraph 66 notes that the edge material can be a taffeta fabric which would inherently have a lower coefficient of friction which would not reduce movement. See also Paragraph 69 which describes the degree of resistance to movement (which is higher than the taffeta fabric would be)).
Regarding claim 20, Fowler teaches a first wedge (Figure 4; 50a) for use in positioning a patient on a support surface, the first wedge comprising: a first wedge body comprising: a first base wall comprising (Figure 4; bottom of wedge 50a): a first base wall first portion (Paragraph 68 “the patches of the directional glide material 49 covered only a portion of the surfaces 51, 52 on which they were located, such that the edges of the directional glide material 49 are spaced from the edges of the respective surfaces on which they are located”, the first base wall first portion is the portion surrounding the patch), the first base wall first portion having a first base first coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), and a first base wall second portion surrounded by the first base wall first portion (Paragraph 68 “the patches of the directional glide material 49 covered only a portion of the surfaces 51, 52 on which they were located, such that the edges of the directional glide material 49 are spaced from the edges of the respective surfaces on which they are located”, the first base wall second portion is the center patch portion), the first base wall second portion having a first base second coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), the first base second coefficient of friction greater than the first base first coefficient of friction (Figure 11d and Paragraph 79, “the engagement member 64 on the base wall 51 of the wedge 50A resists movement of the wedge 50A toward the user 74 (i.e., away from the patient 70 and toward the side edge of the bed 12)”, meaning that the engagement member 64 has a high coefficient of friction, and Paragraph 66 notes that the edge material can be a taffeta fabric which would inherently have a lower coefficient of friction which would not reduce movement. See also Paragraph 69 which describes the degree of resistance to movement (which is higher than the taffeta fabric would be)), and a first ramp surface (Figure 4; 51), the first ramp surface contiguous with the first base wall, the first ramp surface comprising: a first ramp surface first portion (Figure 4; 43) having a first ramp first coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), and a first ramp surface second portion (Figure 4; 64) surrounded by the first ramp surface first portion, the first base wall second portion having a first ramp second coefficient of friction (Figure 4; all portions of the pillow have a coefficient of friction), the first ramp second coefficient of friction greater than the first ramp first coefficient of friction (Paragraph 67 “The wedge 50A illustrated in FIGS. 4-5 has engagement members 64 of the directional glide material 49 located on the ramp surface 52 …gliding in the opposite direction D from the back wall 53 toward the apex 55 is resisted.” Thus the coefficient of friction is higher on the engagement member 64 than the taffeta fabric on the edges (see Paragraph 66) would be).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fowler (US Patent Application Publication 20150143628) in view of Bills (US Patent 4802249).
Regarding claim 10, Fowler teaches the first wedge further comprises: a first side wall (Figure 4; at 54) extending between the first base wall, the first ramp surface, and the first back wall, and a second side wall (Figure 4; the wall opposite to the one marked 54) opposite the first side wall, the second side wall extending between the first base wall, the first ramp surface, and the first back wall. Fowler does not specifically teach the first base wall second portion is centered between a first base wall edge contiguous with the first side wall and a first base wall edge contiguous with the second side wall. Bills teaches the first base wall second portion is centered between a first base wall edge contiguous with the first side wall and a first base wall edge contiguous with the second side wall (Figure 5 shows patch portions 32 analagous to the first base wall second portion being centered between the two side walls (where 31 is marked and wall opposite). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Fowler (directed to a wedge with a bottom surface patch) and Bills (directed to a wedge with a centered bottom portion patch) and arrived at a wedge with a centered bottom portion patch. One of ordinary skill in the art would have been motivated to make such a combination because the optimization of proportions in a prior art device is a design consideration within the skill of the art. In re Reese, 290 F.2d 839, 129 USPQ 402 (CCPA 1961).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fowler (US Patent Application Publication 20150143628) in view of Shaw (US Patent 6154900).
Regarding claim 15, Fowler does not specifically teach the first ramp surface is concave. Shaw teaches the first ramp surface is concave (Figures 4 and 5, ramp surface between 14 and 24 as shown). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Fowler (directed to a wedge with a bottom surface patch) and Shaw (directed to a wedge with a concave ramp) and arrived at a wedge with a concave ramp. One of ordinary skill in the art would have been motivated to make such a combination because a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
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/MORGAN J MCCLURE/Examiner, Art Unit 3673