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 .
Application Status
Claims 1-13 are pending and have been examined in this application.
This communication is the first action on the merits.
Claims 1-13 are rejected herein.
Information Disclosure Statement
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 1 “In an aspect, the invention provides a screen tilt assembly for use with medical carts, the screen tilt assembly comprising:” should be amended to –A screen tilt assembly for use with medical carts, the screen tilt assembly comprising: –
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 8-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 7 is indefinite because it is unclear whether the Applicant intend to positively claim a screen or whether the screen is functionally recited. Assuming the Applicant intend to functionally recite the screen; the Examiner suggests the use of the term “configured” e.g. the one or more apertures through each of the connection plates are configured to be aligned with a respective one or more threaded holes of a screen.
Claim 8 is indefinite because claim 8 recites “one of the claim 1” making the dependency of claim 8 unclear.
Dependent claims 9-10 are rejected based on their respective dependencies.
Appropriate correction/explanation is required.
Claim Rejections - 35 USC § 102
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 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.
The following is a quotation of the appropriate paragraphs of pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Yeo (U.S. Pat. No. 8480049 B2).
Regarding claim 1, Yeo teaches in an aspect, the invention provides a screen tilt assembly for use with medical carts, the screen tilt assembly comprising:
a bracket member comprising at least two spaced apart connection plates (Y1, Y2 see annotated figure below) arranged in a plane for affixing a screen thereto, the at least two spaced apart connection plates joined by an arcuate portion (Y3 see annotated figure below) extending away from the plane; and
a mounting arrangement for connection to a medical cart, the mount arrangement comprising a first clamping member (40) and a second clamping member (60) configured for selectively clamping a section of the arcuate portion of the bracket member therebetween to retain the bracket member in place relative to the mounting arrangement;
wherein the arcuate portion is configured to be selectively moved relative to the mounting arrangement thereby tilting the plane (see Figs. 1-2 for configuration).
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Regarding claim 2, Yeo teaches the arcuate portion (Y3) extends in a direction substantially orthogonal to the plane.
Regarding claim 3, Yeo teaches the first clamping member (40) and the second clamping member (60) comprise complementary arcuate profiles which conform to the receive therebetween the arcuate portion of the bracket member.
Regarding claim 4, Yeo teaches the arcuate member comprises one of a slot (93) or a protrusion and the first clamping member comprises the other one of the slot or the protrusion (41).
Regarding claim 5, Yeo teaches the slot (93) and the protrusion (41) intersect to limit the range of motion of the bracket member relative to the mounting arrangement.
Regarding claim 6, Yeo teaches wherein each of the connection plates (Y1, Y2) comprise one or more apertures (51).
Regarding claim 7, Yeo teaches the one or more apertures (51) through each of the connection plates align with one or more threaded holes of a screen (Col. 4; lines 28-29).
Regarding claim 8, Yeo teaches the mounting arrangement comprises a clamping mechanism (90) for clamping the first clamping mechanism towards the second clamping mechanism.
Regarding claim 9, Yeo teaches the clamping mechanism (90) comprises a bolt and nut arrangement (Fig. 3).
Regarding claim 10, Yeo teaches a bolt head (head of 90) for adjusting the bolt and nut (nut of 90 as shown in Fig. 3) arrangement is accessible from an upper portion of the first clamping member or the second clamping member.
Regarding claim 11, Yeo teaches the method comprising:
providing a screen tilt assembly having a bracket member comprising at least two spaced apart connection plates (Y1, Y2 see annotated figures above) arranged in a plane for affixing a screen thereto, the at least two spaced apart connection plates joined by an arcuate portion (Y3) extending away from the plane and a mounting arrangement for connection to a medical cart, the mounting arrangement comprising a first clamping member (40) and a second clamping member (60) configured for selectively clamping a section of the arcuate portion of the bracket member therebetween to retain the bracket member in place relative to the mounting arrangement;
actuating a clamping mechanism (90) to allow the mechanism to move the bracket member relative to the mounting arrangement to a desired orientation and actuating the clamping mechanism to lock the bracket member relative to the mounting arrangement.
Regarding claim 12, Yeo teaches loosening a bolt (90) of the clamping mechanism to unclamp the first clamping member from the second clamping member.
Regarding claim 13, Yeo teaches tightening the bolt (90) of the clamping mechanism to clamp the first clamping member to or towards the second clamping member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631