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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/21/2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the square steel profile to support the primary motors; and two square steel profiles configured as stops when the bed reaches a vertical position must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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.
Claim 13 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The Applicant’s recitation “the two square steel profiles are configured as stops when the bed (reaches) a vertical position” since it is unclear and confusing how the square steel profiles are constructed as stops once the bed reaches a vertical position thereby rendering the scope of the claim unascertainable.
Claims 23-25 are rejected due to dependance on a rejected base claim.
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.
Claims 13 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2015/0297432 to Poulos et al. in view of U.S. Pub. No. 2008/0172789 to Elliot et al., and further in view of U.S. Pat. No. 6,058,533 to Nelson.
Claim 13 and 24-25, Poulos, as best understood, discloses a bed 10 comprising a tilt and a tubular frame supporting a primary pivot point configured to rotate a bed base, and a mattress divided into three sections to move a patient between a horizontal position and a vertical position with positions therebetween [0006][0017]; a plurality of primary motors coupled to the bed frame and configured to control rotation of the bed base [0011][0072][0083][0085]-[0089]; wherein the tubular frame further comprises tubular profiles on which the bed base and the mattress divided into three sections are supported; an interface (306,308) capable of operation of the primary motors and secondary motors to execute predefined movements and positions, sequences, and continuous exercises for the patient and the patient interface 306 providing operation without additional assistance; wherein secondary pivot points and the mattress divided into three sections are capable of facilitating flexion of a seat section and leg section actuated by a secondary motor; starting from a horizontal position lifting the patient's legs and subsequently the primary motors lift the patient to a seated position [0017][0018][0087][0098][0099] (3A,3B), in a sequential manner via mechanical linkages controlled through the interface (306,308)[0073][0076]; activation of the primary motors via the interface causes rotation about the primary pivot point to move the patient between horizontal, vertical, and inclined positions;
a secondary motor capable of cyclically extending and retracts a leg section to produce continuous flexion and extension movement of the patient's lower limbs through the
touchscreen interface; actuation of the secondary motors and primary motors capable of producing cyclic transitions between a lying position and a semi-seated position to generate a rocking motion controlled via the touchscreen interface; wherein the bed is moved to a vertical position (90°)(fig. 4C)[0087], a portion of the mattress defined by foam inserts are capable of being removed [0109], and the bed is capable of subsequent reversible movement to a horizontal position to transfer the patient,
a structural profile that defines the primary pivot point and including a bearing support defined and bearing by the bracket and pivotal portions that connect the actuators that defined a main rotation axis of the bed (4A,4B) a profile to support the primary motors; and profiles capable of stopping the frame when the bed reaches a vertical position. Poulos is silent to a touch screen. Elliot discloses a bed-based controller 25 including a processor, programmable logic, memory devices, and algorithms to control and functions and conditions and capable of providing bidirectional communications at the bed, a user interface 36 that includes a touch screen with a GUI configured to generate a variety of touchscreen images such as icons to control bed functions such as light or changing languages that are displayed [0081];[0087]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine touch screen of Elliot with the bed of Johnson with a reasonable expectation of success because it would have provided a user interface with means representing a prompt, condition, feature or function to control the bed of Poulos. Poulos is silent to a wheelchair coupling. Nelson discloses a bed having a wheelchair coupling (66,116). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the wheel chair coupling of Nelson with the bed of Johnson with a reasonable expectation of success because it would have allowed positioning and receiving a wheel chair for the patient. Poulos is silent to the bed having a galvanized steel material. Selecting from a plethora of known materials is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the modifications as stated above with the bed of Poulos with a reasonable expectation of success because it would have provided an alternative and equivalent material for the frame of Poulos.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2015/0297432 to Poulos et al. as being unpatentable over U.S. Pat. No. 6,862,762 to Johnson et al. in view of U.S. Pub. No. 2008/0172789 to Elliot et al., and further in view of U.S. Pat. No. 5,001,790 to Kuhn.
Claim 23, Poulos, as best understood, discloses the bed, but is silent to a bedpan. Kuhn discloses a bed having a removable cushion 74 for allowing insertion of a bedpan assembly 51 (fig. 9). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the cushion and bedpan in Kuhn with the bed of Poulos with a reasonable expectation of success because it would have provided a passage of excrement from the patient in the bed of Poulos.
Response to Arguments
Applicant’s arguments with respect to claim(s) 13 and 23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 7,774,873 to Martin et al. discloses an examination table for lifting a patient into a wheel chair.
U.S. Pub. No. 2009/0300845 to Paz et al. discloses a patient support having multiple positions including tilting the support into a vertical position.
U.S. Pat. 3,997,926 to England discloses a patient support having multiple positions including tilting the support into a vertical position with a square tubular frame profile.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3679
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