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
2. 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.
(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.
3. Claims 1-5 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lockard et al. (US 4,813,693).
a. Regarding claim 1, Lockard discloses a wheelchair assembly comprising chair C having a seat and back rest the seat including a pair of seat rods 44, 76 spaced from each other [seat C includes a lower seat portion 100 which is mounted at its edges to the first and second seat mounting members 44 and 76, col. 5 lines 37-39; seat C further includes a seat back portion 110. Posts 112 are mounted to the upper, rear horizontal frame portions 18 forward of the rear vertical member 26, col. 5 lines 56-59], each seat rod 44, 76 extendable and retractable to adjust a length of the pair of seat rods [To accommodate a longer seat, extension members 102 are telescopically received with the seat supporting portions 44, 76, col. 5 lines 47-49], the back rest including a pair of back rest rods 112, 114 spaced from each other, each back rest rod extendable and retractable to adjust a length of the back rest rods [A pair of rear seat back support members or tubes 114 are telescopically received with the post 112, col. 5 lines 59-61], support A coupled to the seat positioned beneath the seat to support chair C above a surface, a pair of drive wheels 256 [the forward and aft position of a rear wheel 256 is selectively adjustable, col. 8 lines 15-16] rotatably coupled to support A [a plurality of wheels operatively connected with the side frames; a seat assembly operatively supported by the side frames, claim 1], drive wheels 256 positioned proximate a junction between the seat and back rest [FIGS. 1-2], and a pair of front wheels E rotatably coupled to support A, front wheels E spaced from drive wheels 256 [side frames are supported on the ground by adjustable front wheel assemblies E and adjustable rear wheel assemblies F, col. 3 line 68 – col. 4 lines 1-2].
b. Regarding claim 2, Lockard discloses the wheelchair assembly of claim 1, each seat rod comprising seat rod secondary member 102 nested within a seat rod primary member 44, 76, seat rod secondary member 102 extendable and retractable relative to the seat rod primary member to adjust the length of the pair of seat rods [To accommodate a longer seat, extension members 102 are telescopically received with the seat supporting portions 44, 76, col. 5 lines 47-49].
c. Regarding claim 3, Lockard discloses the wheelchair assembly of claim 2, each seat rod comprising a seat rod retainer [seat attaching screw ] engageable with seat rod primary member 44, 76 and seat rod secondary member 102 to releasably secure a position of seat rod primary member 44, 76 relative to seat rod secondary member 102 [To accommodate a longer seat, extension members 102 are telescopically received with the seat supporting portions 44, 76. The seat attaching screw at the forward most end of the seat supporting member engages an aperture in the extension to fix it in place. One or more additional apertures are provided in the extension member 102 as may be appropriate to the length of the extension col. 5 lines 47-54].
d. Regarding claim 4, Lockard discloses the wheelchair assembly of claim 1 comprising
seat rest 100 coupled to and extending between seat rods 44, 76 to support a body of a user sitting in chair C and back rest mat 110 coupled to and extending between back rest rods 112, 114 to support the body of the user sitting in chair C [seat C includes a lower seat portion 100 which is mounted at its edges to the first and second seat mounting members 44 and 76, col. 5 lines 37-39; seat C further includes a seat back portion 110, col. 5 lines 56-59; Figs. 1, 2, 4].
e. Regarding claim 5, Lockard discloses the wheelchair assembly of claim 4 having a head rest mat [Commonly, head pads, torso support pads, and other orthopedic pads and appliances were clamped to the seat back support tubes. In order to accommodate adjustment as the child grew and positioning the pads exactly as required by each child, col. 1 lines 58-66] coupled to and extending between back rest rods 112, 114 [A pair of rear seat back support members or tubes 114 are telescopically received with the post 112, col. 5 lines 59-61] and configured to support a head of the user sitting in chair C [to maintain the tubular members 114 free to receive clamps from orthopedic supports, pads, braces, and appliances, a separate stand-off member 120 is mounted adjacent an upper end of the rear seat back support member 114, col. 6 lines 8-12].
f. Regarding claim 14, Lockard discloses the wheelchair assembly of claim 1 comprising a pair of foot rests 174 coupled to and extending from the seat of chair C, foot rests 174 being angled and extend forwardly and downwardly from the seat and configured to support feet of a user when sitting in chair C [foot rest 174 is supported by a lateral member 176; foot supporting member 174 defines a generally horizontal foot supporting upper surface 186, col. 7 lines 11-18].
Claim Rejections - 35 USC § 103
4. 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.
5. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lockard et al. (US 4,813,693) in view of Counts et al. (US 5,549,357).
a. Regarding claim 6, Lockard teaches the wheelchair assembly of claim 1.
Lockard does not specifically teach the back rest pivotably coupled to the seat pivotable between an upright position and a reclined position, the back rest extending upwardly from the seat when in the upright position, the back rest extending outwardly from the seat when in the reclined position.
Counts teaches back rest 10 pivotably coupled to seat 24 pivotable between an upright position and a reclined position [backrest frame 13 pivots about generally horizontal axis 14 between normal position of Fig. 1A and reclined position of Fig. 1B], back rest 10 extending upwardly from seat 24 when in the upright position, back rest 10 extending outwardly from seat 24 when in the reclined position [a backrest portion of the seat support which moves pivotally between a generally vertical position and a generally horizontal position (forwardly or rearwardly) parallel to the seat; the backrest portion may be reclined substantially rearwardly while the occupant remains in the wheelchair for therapy or increased accessibility during examinations, col. 1 lines 22-32; backrest frame 13 pivots about generally horizontal axis 14 between normal position of Fig. 1A and reclined position of Fig. 1B] for the purpose of providing for adjustment of the user's seating orientation and thereby improving positioning and comfort.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lockard's adjustable back rest with the pivot/recline arrangement taught by Counts because doing so would have provided for adjustment of the user's seating orientation thereby improving positioning and comfort while retaining Lockard's dimensional adjustability.
6. Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lockard et al. (US 4,813,693) in view of Robertson et al. (US 5,176,393).
a. Regarding claim 7, Lockard discloses the wheelchair assembly of claim 1, each back rest rod 112, 114 comprising a back rest rod secondary member 112 nested within back rest rod primary member 114 to adjust the length of the back rest rods [A pair of rear seat back support members or tubes 114 are telescopically received with the post 112, col. 5 lines 59-61; rear seat support members (114) are telescopically mounted on posts (112) of the rear frame and are interconnected with stand-off members (120) for supporting a seat back portion (110), abstract].
Lockard does not specifically teach the back rest rod secondary member extendable and retractable relative to the back rest rod primary member to adjust the length of the back rest rods. Robertson teaches back rest rod secondary member 60 extendable and retractable relative to the back rest rod primary member 58a, 58b [back rest 50 is hinged to the frame 34 at a pivot location 54 by two hinge plates 56a and 56b which are respectively joined to two side tubes 58a and 58b. A back rest frame 60 includes side legs which enables the back rest 50 to telescope up and down relative to the seat frame 34. Adjustment holes 62 through the side tubes 58a and 58b enable a locking pin to fix the height of the back rest 50 to the desired position, col. 9 lines 28-35, FIG. 4] for the purpose of providing an extendable and retractable back rest rod secondary member capable of telescoping up and down relative to the seat to fix the height of the back rest to the desired position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the back rest rod secondary member of Lockard to be extendable and retractable relative to the back rest rod primary member as taught by Robertson because doing so would have provided an extendable and retractable back rest rod secondary member capable of telescoping up and down relative to the seat to fix the height of the back rest to the desired position and since it has been held that mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
b. Regarding claim 8, Lockard in view of Robertson teaches (references to Lockard) the wheelchair assembly of claim 7, each back rest rod 112, 114 comprising a back rest rod retainer [screws, apertures, FIG. 4] engageable with back rest rod primary member 114 and back rest rod secondary member 112 to releasably secure a position of back rest rod primary member 114 relative to back rest rod secondary member 112 [rear back support members 114 have a plurality of apertures 116 therein for selectively adjusting their vertical extension relative to the side frames. These apertures provide limited height adjustment, col. 5 lines 61-65; FIG. 4].
7. Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lockard et al. (US 4,813,693) in view of Higley et al. (US Patent Publication 2004/0104614).
a. Regarding claim 9, Lockard teaches the wheelchair assembly of claim 1.
Lockard does not specifically teach a back rest cross member coupled to and extending between the back rest rods, the back rest cross member extendable and retractable to adjust a distance between the back rest rods.
Higley teaches a back rest cross member 64 coupled to and extending between the back rest rods 60, back rest cross member 64 extendable and retractable to adjust a distance between back rest rods 60 [seat back frame 14 includes two spaced-apart vertical tubular supports or canes 60. As shown in FIG. 6, the canes 60 preferably have a T-shaped slot or channel 62 formed in them for receiving and attaching components, such as a cross-bar 64, to the canes 60, [0041]; cross-bar 64 is preferably adjustable so as to permit variation in the spacing between the vertical canes 60, [0042]] for the purpose of providing a back-frame cross-bar capable of telescoping so as to permit variation in the spacing of the vertical supports, with its ends secured to the vertical supports.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lockard's two adjustable back-rest rods with Higley's telescoping back cross-member so that the back-rest width can be adjusted consistently with Lockard's adjustable wheelchair width.
b. Regarding claim 10, Lockard in view of Higley teaches the wheelchair assembly of claim 9.
Higley further teaches back rest cross member 64 comprising a back rest cross member secondary shaft 68 nested within back rest cross member primary shaft 66, back rest cross member secondary shaft 68 extendable and retractable relative to back rest cross member primary shaft 66 to adjust the distance between back rest rods 60 [cross-bar 64 is preferably adjustable so as to permit variation in the spacing between the vertical canes 60, [0042]; cross-bar 64 is preferably tubular with two L-shaped arms 66 and a tubular connector 68. The connector 68 slides in or on the adjacent ends of the arms 66 and is attached thereto to set the length of the cross-bar 64, [0042]].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lockard's two adjustable back-rest rods with Higley's telescoping back cross-member secondary shaft nested within the back rest cross member primary shaft so that the back-rest width can be adjusted consistently with Lockard's adjustable wheelchair width.
c. Regarding claim 11, Lockard in view of Higley teaches the wheelchair assembly of claim 10.
Higley further teaches back rest cross member primary shaft 66 and back rest cross member secondary shaft 68 [cross-bar 64 is preferably adjustable so as to permit variation in the spacing between the vertical canes 60, [0042]; cross-bar 64 is preferably tubular with two L-shaped arms 66 and a tubular connector 68. The connector 68 slides in or on the adjacent ends of the arms 66 and is attached thereto to set the length of the cross-bar 64, [0042]] but does not specifically teach a back rest cross member retainer engageable with the back rest cross member primary shaft and back rest cross member secondary shaft to releasably secure a position of the back rest cross member primary shaft relative to the back rest cross member secondary shaft.
Lockard teaches telescopically adjustable wheelchair members provided with means for fixing a degree of telescopic receipt so that the members are selectively retained at a desired adjusted position [telescopic interconnection means and means for fixing a degree of telescopic receipt, claim 3].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the adjustable back-rest cross member 64 of Higley with a retainer engageable with the relatively adjustable cross-member portions as taught by Lockard in order to releasably secure the cross member at a selected adjusted width and thereby maintain the selected spacing between the back-rest rods/canes 60 during use.
8. Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lockard et al. (US 4,813,693) in view of Peek (US 5,137,295).
a. Regarding claim 12, Lockard teaches the wheelchair assembly of claim 1 having front wheels E and drive wheels 256 [side frames are supported on the ground by adjustable front wheel assemblies E and adjustable rear wheel assemblies F, col. 3 line 68 – col. 4 lines 1-2].
Lockard does not specifically teach a pair of rear wheels coupled to the support and the drive wheels positioned between the rear wheels and the front wheels.
Peek teaches a pair of rear wheels 50 coupled to support 10 and drive wheels 15 between rear wheels 50 and front wheels 14 [FIGS. 1-2] for the purpose of resisting rearward tipping and improving wheelchair stability.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wheelchair taught by Lockard to include Peek's rear wheel arrangement because doing so would have provided for resisting rearward tipping and improving wheelchair stability.
b. Regarding claim 13, Lockard in view of Peek teaches the wheelchair assembly of claim 12.
Peek further teaches rear wheel support frame 36, 46 coupling each rear wheel 50 to support 10 [anti-tipper assembly 12 includes a pair of elongated linkage members 36 and a pair of anti-tipping leg members 46 associated with opposite sides of wheelchair frame 10; Figs. 1–2] for the purpose of structurally coupling the rear wheels to the wheelchair while permitting their intended anti-tip movement.
It would have been obvious to support the rear wheels of the modified Lockard wheelchair by Peek's rear-wheel support structure to structurally couple those wheels to the wheelchair while permitting their intended anti-tip movement.
9. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lockard et al. (US 4,813,693) in view of Knopf et al. (US Patent Publication 2010/0090437).
a. Regarding claim 15, Lockard teaches the wheelchair assembly of claim 14.
Lockard does not specifically teach a foot rest cross member coupled to and extending between the foot rests, the foot rest cross member extendable and retractable to adjust a distance between the foot rests.
Knopf teaches foot rest cross member 28 coupled to and extending between foot rests 31, 32 [As shown in FIG. 5, the footplate 21 is supported for rotation about the cross-member 28 by two support members 31, 32. The support members 31, 32 are fixed to the underside of the foot plate 21; As shown in FIG. 5, the support members 31, 32 extend in a generally transverse direction from the cross-member 28 [0034]] foot rest cross member 28 extendable and retractable to adjust a distance between foot rests 31, 32 [cross-member 28 may be a plurality of cross-members that may be telescopically engaged and selectively fixable together [0033]] for the purpose of providing for lateral spacing of the foot-support structure to correspond to the selected wheelchair/user width.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the foot-rest structure of Lockard with Knopf's telescopically adjustable cross-member because doing so would have provided for lateral spacing of the foot-support structure to correspond to the selected wheelchair/user width.
Allowable Subject Matter
10. Claim 16 allowed.
11. The following is a statement of reasons for the indication of allowable subject matter: Lockard et al. (US 4,813,693) in view of Robertson et al. (US 5,176,393), Counts et al. (US 5,549,357), Higley et al. (US Patent Publication 2004/0104614), and Peek (US 5,137,295) is considered the art closest to the claimed invention and teaches numerous individual adjustable wheelchair features recited in claim 16. Lockard, discloses an expandable wheelchair with telescoping/adjustable frame, seat, back-rest and arm-rest structure. Counts et al. (US 5,549,357) teaches a reclining back-rest, Higley et al. (US Patent Publication 2004/0104614) teaches an adjustable back-rest cross-member, and Peek (US 5,137,295) teaches a rear anti-tip wheel and associated support-frame. Although the art teaches many of the individual features, the references lack features such as a pair of telescopically adjustable lateral rods and a telescopically adjustable upper rod extending between each arm rest, the adjustable back rest cross member secondary shaft nested within a primary shaft that includes an aperture and the secondary shaft includes a plurality of apertures alignable with the primary shaft aperture, and a pin removably positionable through the primary shaft aperture and an aligned secondary shaft aperture, the rear wheel first and second support rods comprising a secondary member nested within the primary member and extendable and retractable relative thereto, with a retainer comprising a primary-member aperture, a plurality of aligned secondary-member apertures selectively alignable with the primary-member aperture, and a removable pin positionable through the aligned apertures. Lockard et al. (US 4,813,693) in view of Robertson et al. (US 5,176,393), Counts et al. (US 5,549,357), Higley et al. (US Patent Publication 2004/0104614), and Peek (US 5,137,295) therefore does not establish that the particular combination and structural relationships recited by claim 16 as a whole would have been obvious. To modify Lockard to arrive at the invention of claim 16 would require significant and non-obvious alteration. Accordingly, claim 16 is considered allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Serhan (US Patent Publication 2011/0291381), Lowenthal et al. (US Patent Publication 2011/0227314), Cuson et al. (US Patent Publication 2011/0083913).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Ryan Larsen whose telephone number is (571) 270-5458. The examiner can normally be reached on Monday-Thursday 8am-4pm est.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached on (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. R. L./
Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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