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 the Application
Claims 1-20 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 10/25/2024 (2), 09/05/2025 and 02/04/2026 has been acknowledged by the Office.
Claim Objections
Claim(s) 1 and 20 are objected to because of the following informalities:
Claim 1 states: ‘a plurality of connecting members’ whereas the specification states ‘a plurality of connection members’, to maintain consistency the Examiner suggests either amending the claim(s) or specification to what claim limitation is more preferable, in order to be cohesive among the entirety of the disclosure.
Claim 20 states: ‘to receive a patient’s head’ however, it is suggested by the Examiner to state ‘to receive a head of the patient’ to eliminate the use of a possessive noun.
Appropriate correction 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 (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.
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)(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.
Claim(s) 1-2, 7, 11-14 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Berman (US 20160095777 A1).
In regards to Claim 1, Berman teaches: An inflatable device (100 - Fig. 2) for lifting a patient (Para 0042), the inflatable device comprising: an inflatable body (101 - Fig. 1) comprising: a top sheet (108 - Fig. 1) and a bottom sheet (see annotated Fig. 2.1 from Berman) forming an inflatable cavity therebetween (103 - Fig. 1, Para 0032), the bottom sheet including a first side edge (104 - Fig. 1), a second side edge (106 - Fig. 1), and a third side edge along a periphery of the bottom sheet (103 - Fig. 1, shown along the top edge), the first side edge opposite the second side edge (Fig. 1 - 104 opposite of 106), and the third side edge perpendicular to the first side edge and the second side edge (103 is perpendicular to 104 and 106 - Fig. 1); a first anchoring strap (601 - Fig. 6) coupled to one of the bottom sheet or the top sheet along the first side edge (601 in Fig. 6 shown along first side edge 104 coupled to the sheet); and a plurality of connecting members (110, 112, 113, 114, 117, 118, 119, 120 - Fig. 1), each of the connecting members extending outwardly from opposing side edges of the bottom sheet (shown in Fig. 2 to extend outwardly from the bottom sheet), each of the connecting members comprising: a first support structure (601 - Fig. 6) comprising: a first support structure first loop (503 - Fig. 6) coupled to the first anchoring strap at a first location and a second location (see annotated Fig. 6.1 from Berman, showing first and second location at inner-most attachment location(s)), the first support structure first loop including a first indicia (Para 0038: "In one embodiment, each loop is color coded for use. For example the first loop 122 may be a first color, such as red, while the second loop 123 is another color, such as white. Color-coding the loops can advantageously provide a mnemonic device to a user regarding which loop is to be used for which purpose. Illustrating by example, the red color may be for hand carrying a patient, while the white color may be for machine lifting a patient, and so forth. By color-coding the loops, a user can instantly grab the proper loop with only a glance. Accordingly, in one or more embodiments, the first loop 122 and the second loop 123 are color-coded with the first loop 122 having a different color than the second loop 123. In other embodiments, each loop can have the same color.", further noting Claim 7 of Berman), and a first support structure second loop (502 - Fig. 6) coupled to the first support structure first loop at a third location and a fourth location (see annotated Fig. 6.1 from Berman, showing third and fourth location at outer-most attachment location(s)), the first support structure second loop including a second indicia (Para 0038: "In one embodiment, each loop is color coded for use. For example the first loop 122 may be a first color, such as red, while the second loop 123 is another color, such as white. Color-coding the loops can advantageously provide a mnemonic device to a user regarding which loop is to be used for which purpose. Illustrating by example, the red color may be for hand carrying a patient, while the white color may be for machine lifting a patient, and so forth. By color-coding the loops, a user can instantly grab the proper loop with only a glance. Accordingly, in one or more embodiments, the first loop 122 and the second loop 123 are color-coded with the first loop 122 having a different color than the second loop 123. In other embodiments, each loop can have the same color.", further noting Claim7 of Berman), the second indicia different from the first indicia (Para 0038: red color vs. white color).
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Annotated Fig. 2.1 from Berman
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Annotated Fig. 6.1 from Berman
In regards to Claim 2, Berman teaches: The inflatable device of claim 1, wherein the first indicia is a first color and the second indicia is a second color (Para 0038: first color = red color vs. second color = white color).
In regards to Claim 7, Berman teaches: The inflatable device of claim 1, wherein: the inflatable device further comprises a second anchoring strap coupled to the bottom sheet along the second side edge (Para 0062: "Recall from above that in one embodiment, one or more linkage members couple the one or more straps to the inflatable torso support on a one-to-one basis, as was shown in FIG. 6.", i.e. second anchoring strap local on opposite side and local to each strap); and the plurality of connecting members further comprises: a second support structure (120 - Fig. 1) comprising: a second support structure first loop coupled to the second anchoring strap at a fifth location and a sixth location, the second support structure first loop including the first indicia (Para 0037: "In other embodiments, each strap can be configured as three loops, four loops, or more loops, depending upon application. For example, in one embodiment the at least one loop comprising three loops, with a first loop disposed interior to a second loop and a third loop disposed interior to the first loop.", noting fifth and sixth locations would be similar to the locations of the first and second locations shown in Fig. 6.1 of Berman above, yet laterally displaced and across from thereof).
In regards to Claim 11, Berman teaches: The inflatable device of claim 7, wherein the first anchoring strap and the second anchoring strap forms a plurality of handles (Para 0025: 'Additionally, the loops can be used to transport a patient by hand as well.'), and the first anchoring strap and the second anchoring strap are parallel (first anchoring strap is 601 shown in Fig. 6 on side 104 vs. second anchoring strap is not numbered but Per 0062 is along strap 120 due to one-to-one basis, and is parallel along the side 106).
In regards to Claim 12, Berman teaches: The inflatable device of claim 1, further comprising: a hoist (1301 - Fig. 13 and 14); wherein attaching a first combination of the plurality of connecting members (Para 0072: only one each) to the hoist allows for lifting the patient in a first configuration (Para 0071 noting: "step 1503 and step 1504 can be repeated as necessary to achieve the configuration desired by a patient or health care services provider.", wherein step 1503 includes exposing the one or more straps and placing it for attachment as desired, further noting Para 0072 discussing attaching the one or more straps to a lift, i.e. one strap each onto the lift).
In regards to Claim 13, Berman teaches: The inflatable device of claim 12, wherein attaching a second combination of the plurality of connecting members (Para 0072: more than one each) to the hoist allows for lifting the patient in a second configuration (Para 0071 noting: "step 1503 and step 1504 can be repeated as necessary to achieve the configuration desired by a patient or health care services provider.", wherein step 1503 includes exposing the one or more straps and placing it for attachment as desired, further noting Para 0072 discussing attaching the one or more straps to a lift, i.e. more than one strap each onto the lift).
In regards to Claim 14, Berman teaches: The inflatable device of claim 12, wherein in the first combination of the plurality of connecting members the first support structure first loop and the first support structure second loop attach to the hoist and are configured to cradle a patient's head as the side edges of the inflatable device fold inward and upward (Fig. 14 shows the device cradling a head of a patient as the side edges fold inward towards the patient and upwards toward the lift).
Claim Rejections - 35 USC § 103
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.
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) 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Berman (US 20160095777 A1) in view of Hakamiun et al., hereinafter 'Hakamiun' (US 6289534 B1).
In regards to Claim 3, Berman teaches: The inflatable device of claim 1, wherein the first support structure further includes: a first support structure third loop (501 - Fig. 5) coupled to the first support structure first loop at a fifth location (see annotated Fig. 5.1 from Berman) and a sixth location (see annotated Fig. 5.1 from Berman), but Berman does not explicitly teach, the first support structure third loop including a third indicia, the third indicia different from the first indicia or the second indicia.
Hakamiun teaches: the first support structure third loop including a third indicia, the third indicia different from the first indicia or the second indicia (Col 6 Lines 43-51, noting that portion of a strap (per Col 6 Lines 43-51: i.e. the loops' can be coded using multiple colors or using visual indicia).
It would have been obvious to one of ordinary skill in the art to modify Berman to include a third indicia on the third loop as taught by Hakamiun in order to provide visual differentiation between loops and facilitate proper identification and use of the inflatable device. As both prior art references relate to slings used to move a user.
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Annotated Fig. 5.1 from Berman
In regards to Claim 4, Berman in view of Hakamiun teaches: The inflatable device of claim 3, Berman further teaches, wherein the first indicia is a first color (red - per Para 0038), the second indicia is a second color (white - per Para 0038), but Berman does not explicitly teach, and the third indicia is a third color.
Hakamiun teaches: and the third indicia is a third color (per Col 6 Lines 43-51: i.e. the loops' can be coded using multiple colors or using visual indicia | Examiner notes: alternative color such as green per Col 6 Lines 39-52, or other color).
It would have been obvious to one of ordinary skill in the art to provide the third indicia as a third color, as taught by Hakamiun, to further enhance visual distinction among the loops disclosed by Berman. As both prior art references relate to slings used to move a user.
In regards to Claim 5, Berman in view of Hakamiun teaches: The inflatable device of claim 3, Berman further teaches, wherein the first support structure first loop, the first support structure second loop, and the first support structure third loop are different lengths (as shown in Fig. 5, 501/502/503 are all different lengths ranging from short 503 / medium 501 / long 502).
Claim(s) 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Berman (US 20160095777 A1) in view of Liu (US 20180200130 A1).
In regards to Claim 6, Berman teaches: The inflatable device of claim 1, wherein: the first indicia is a first color, a first marking, or a first label (red - per Para 0038) and the second indicia is a second color, a second marking, or a second label (white - per Para 0038); but Berman does not explicitly teach, and a first corner and a second corner of the inflatable body are truncated.
Liu teaches: and a first corner and a second corner of the inflatable body are truncated (Fig. 1 and Fig. 3 shows lower peripheral edge 121 as a truncated angle).
It would have been obvious to one of ordinary skill in the art to modify Berman to include truncated corners as taught by Liu in order to improve shape, fit, or handling characteristics of the inflatable device. As both prior art references relate to assisting moving a user from one place to another through inflation.
In regards to Claim 16, Berman teaches: The inflatable device of claim 1, Berman does not explicitly teach, wherein: the inflatable body further comprises a peripheral cushion forming the inflatable cavity; and the inflatable device further comprises: a first port in fluid communication with the inflatable cavity, and a second port in fluid communication with the inflatable cavity, the first port extending from the first side edge and the second port extending from the second side edge.
Liu teaches: wherein: the inflatable body further comprises a peripheral cushion forming the inflatable cavity (11 and 12 - Fig. 10); and the inflatable device further comprises: a first port in fluid communication with the inflatable cavity (164 - Fig. 10 shown to connect with 12), and a second port in fluid communication with the inflatable cavity (174- Fig. 10 shown to connect with 11), the first port extending from the first side edge and the second port extending from the second side edge (Fig. 10 showing each extending from opposite side edges).
It would have been obvious to one of ordinary skill in the art to modify Berman to include a peripheral cushion and opposing fluid ports as taught by Liu to form an inflatable cavity and enable inflation from multiple side edges. As both prior art references relate to assisting moving a user from one place to another through inflation.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Berman (US 20160095777 A1) in view of Kazala et al., hereinafter 'Kazala' (US 20080209630 A1).
In regards to Claim 18, Berman teaches: The inflatable device of claim 1, Berman does not explicitly teach, wherein the plurality of connecting members further comprises a lower support loop coupled to the inflatable device near a lower portion of the inflatable device, the lower support loop extending outwardly from a lower portion of the first side edge at two locations and forming a single loop.
Kazala teaches: wherein the plurality of connecting members further comprises a lower support loop coupled to the inflatable device (130 - Fig. 1) near a lower portion of the inflatable device (shown more towards to base or bottom of the device in Fig. 1), the lower support loop extending outwardly from a lower portion of the first side edge at two locations and forming a single loop (130 shown in Fig. 1 to extend from two separate locations and forming a single loop).
It would have been obvious to one of ordinary skill in the art to modify Berman to include a lower support loop as taught by Kazala in order to provide additional support and attachment functionality near the lower portion of the inflatable device. As both prior art references relate to slings used to move a user.
Allowable Subject Matter
Claim(s) 8-10, 15, 17 and 19-20 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:
In regards to Claim 8, the prior art of record, including Berman, fails to teach or suggest the specific configuration of multiple looped support structures having distinct indicia, distinct attachment locations, and distinct structural relationships. In particular, Berman does not disclose a third loop coupled to a first loop at both a seventh and an eighth location, nor does Berman teach that the third loop includes a third indicia different from the first and second indicia. Additionally, Berman does not disclose or suggest the claimed arrangement in which the loops have separate attachment locations and separate lengths, nor the asymmetric coupling of a third loop along a defined length of another loop as recited. The claimed configuration reflects a deliberate structural organization that provides functional differentiation between loops, which is not taught or rendered obvious by Berman alone or in combination with other references.
In regards to Claim 17, neither Berman nor Liu, alone or in combination, teaches or suggests the claimed spatial relationship between the ports, anchoring straps, and support structures. Specifically, the cited references fail to disclose first and second ports configured to be located near the feet of the patient, while the first and second support structures are configured to be located near the head of the patient. Liu teaches anchoring straps and port configurations that are positioned near the head of the patient, and such placement would interfere with the anchoring strap arrangements disclosed in Berman. The claimed configuration requires a deliberate relocation of the ports away from the anchoring strap structures, resulting in a layout that is neither disclosed nor suggested by the prior art and would not be a predictable modification thereof.
In regards to Claim 19, Berman does not teach or suggest an inflatable device having a second anchoring strap coupled to the bottom sheet along a second side edge, distinct from the first anchoring strap. Berman further fails to disclose dual anchoring straps extending substantially along corresponding side edges with equal strap lengths that are shorter than the length of the side edge, as well as separate pluralities of handles coupled at both ends to the bottom sheet and spaced away therefrom. The presence of two distinct anchoring straps, each having its own handles and structural attachment points, represents a structural arrangement not disclosed in Berman or any cited reference. Accordingly, the claimed subject matter of claim 19 is not taught or suggested by the prior art and provides a non-obvious anchoring configuration.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dovervik et al., (US 20130152304 A1) teaches: A person support device comprises a body support, a first support loop, and a second support loop. The body support is configured to support at least a portion of a person. The first support loop is coupled to the body support and extends there from a first distance. The second support loop is coupled to the body support and is overlappingly coupled along a portion of the first support loop. The second support loop extends a second distance from the body support.
Rodzewicz (US 20180311097 A1) teaches: The present disclosure relates to a patient support which can be used in a bed or flat surface and in particular to a system and method for support and offloading of the body and for turning and repositioning of a patient in a bed or on a flat surface. Features of the disclosure also relate to markings and other indicators used on the patient support which help guide caregivers in the proper use and correct patient positioning on the patient support.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/MADISON MATTHEWS/Primary Examiner, Art Unit 3673