DETAILED ACTION
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 § 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.
Claims 1, 3, 4, 13, and 16 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2004/0227331 A1) in view of Hanson et al. (US 6,315,319 B1) and Anderson (CN 105101929 A).
For claim 1, Chen et al. discloses a transport wheelchair 10 configured for non-emergency medical transportation (NEMT) comprising:
a frame comprising a chair base 11 movably carried by a wheel base 12 displaceable on a set of wheels 14, 15;
a seat 2, a backrest 5 and a legrest 3 [carried by the chair base of the frame] (figs. 2, 3, and 9, page 3, paragraph [0043], page 3, paragraph [0044], page 4, paragraph [0048]);
the chair base having at least two elevations, including:
[a raised elevation in which the chair base with the seat, the backrest and the legrest are elevated] (fig. 4, page 3, paragraph [0041]); and
[a lowered elevation in which the chair base with the seat, the backrest and the legrest are lowered] (fig. 5, page 3, paragraph [0042]);
a manual actuator 16 [configured to selectively elevate the seat, the backrest and the legrest] (page 3, paragraph [0041]);
a first actuator device 8 [operatively coupled to the manual actuator to operate the manual actuator to elevate the chair base with the seat, the backrest and the legrest] (page 2, paragraph [0038], “each armrest has a control device 8 for … lifting and descending of the seat);
[the backrest and the legrest being pivotal with respect to the seat] (page 3, paragraph [0043] and [0044]), and the seat, the backrest and the legrest having at least two configurations, including:
[a chair configuration in which the backrest and the legrest are upright with respect to the seat] (fig. 8); and
[a reclined configuration in which the backrest is laid-back with respect to the seat, and the legrest is raised with respect to the seat so that the backrest, the seat and the legrest are substantially horizontal] (fig. 9);
a pair of armrests 6 [removably coupled with respect to the seat] (page 3, paragraph [0048]) and [each having an attached position on a lateral side of the seat and a removed position away from the seat] (figs. 1, 9, and 10, the armrests are removable via the hinge and fasteners shown in fig. 1);
and
the wheelchair having at least three configurations, including:
[a patient acquisition configuration in which at least one of the pair of armrests is in the removed position] (via hinge and fasteners shown in fig. 1); [the seat, the backrest and the legrest are in the reclined configuration] (fig. 9); and [the chair base with the seat, the backrest and the legrest are in the raised elevation] (page 3, paragraph [0043]), [configured to transfer a patient to the wheelchair] (fig. 9);
[a patient transport configuration in which the pair of armrests is in the attached position; the seat, the backrest and the legrest are in the chair configuration; and the chair base with the seat, the backrest and the legrest are in the lowered elevation, configured to transport the patient with the wheelchair] (fig. 5); but does not explicitly disclose
the manual actuator coupled between the wheel base and the chair base;
the first actuator is a pedal being coupled to the frame and positioned at a lateral side of the frame to operate the manual actuator from the lateral side of the wheelchair;
securement points carried by the frame and configured to be engaged by fasteners to secure the wheelchair in a vehicle; and
a patient passenger configuration in which the wheelchair with the patient thereon is positioned in a motor vehicle; the securement points of the wheelchair are coupled to the motor vehicle; the pair of armrests is in the attached position; and the chair base with the seat, the backrest and the legrest are in the lowered elevation, configured to transport the patient with the motor vehicle with the patient in the wheelchair.
Hanson et al. discloses a care chair comprising a pump pedal 90 pivotally mounted to each side 26, 28 of chair 20 to control the raising and lowering of patient support 32 relative to a floor 62] (col. 13, lines 33 – 35); and [the pump pedal is coupled to a frame 54, 92 and positioned at a lateral side of the frame to operate the manual actuator 114, 115] (fig. 7, col. 16, lines 47 – 59); but does not explicitly disclose
securement points carried by the frame and configured to be engaged by fasteners to secure the wheelchair in a vehicle; and
a patient passenger configuration in which the wheelchair with the patient thereon is positioned in a motor vehicle; the securement points of the wheelchair are coupled to the motor vehicle; the pair of armrests is in the attached position; and the chair base with the seat, the backrest and the legrest are in the lowered elevation, configured to transport the patient with the motor vehicle with the patient in the wheelchair.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the pump pedal of Hanson et al. with the manual actuator of Chen et al. with a reasonable expectation of success because it would allow for an assistant or caregiver to lower and raise the wheelchair from an ergonomic position, thus reducing stress and strain on the rider and caregiver.
Anderson discloses a wheelchair 1 comprising [a distal end 9b of an energy absorber 9-1 has a member 9m to which a strap, safety belt or similar fastening member can be attached, so that the energy absorber 9-1 and thus the wheelchair can be secured in a vehicle] (page 46, paragraph [0052]) and [a chassis 3 provided with rings L on a front and rear side, so that the chassis can be fixed to a vehicle from the front and rear] (pages 52 and 53, paragraph [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the energy absorber, rings, and fastening members of Anderson with the transport wheelchair of Chen et al. modified as above with a reasonable expectation of success because it would allow for secure attachment of the wheelchair to a vehicle and allow for wheelchair movement in a forward direction of the vehicle a distance corresponding to a plastic deformation of the energy absorber, thus reducing rearward momentum received by the occupant from the backrest after a collision impact. Additionally, the combination above allows for [a patient passenger configuration in which the wheelchair with the patient thereon is positioned in a motor vehicle] (page 46, paragraph [0052]); and [the securement points of the wheelchair are coupled to the motor vehicle, the pair of armrests is in in the attached position; and the chair base with the seat, the backrest, and the legrest are in the lowered elevation, configured to transport the patient with the motor vehicle with the patient in the wheelchair] (fig. 5 of Chen et al. and fig. 3a of Anderson).
For claim 3, Chen et al. modified as above discloses the transport wheelchair further comprising:
[the first actuator pedal being pivotal between a folded orientation and an extended orientation] (col. 16, lines 36 – 46).
For claim 4, Chen et al. modified as above discloses the transport wheelchair wherein the first actuator pedal comprises a pair of first actuator pedals 90 [each disposed on a different lateral side of the frame] (col. 13, lines 33 – 35); and further comprising a connector 118 [spanning the frame between the pair of first actuator pedals with an intermediate portion of the connector engaging the manual actuator] (col. 16, lines 41 – 46).
For claim 13, Chen et al. modified as above discloses the transport wheelchair further comprising:
[the securement points comprising at least two securement points coupled to the wheel base and at least two securement points coupled to the chair base] (fig. 3a and pages 23 and 24, paragraph [0058] of Anderson).
For claim 16, Chen et al. discloses a transport wheelchair 10 configured for non-emergency medical transportation (NEMT) comprising:
a frame comprising a chair base 11 movably carried by a wheel base 12 displaceable on a set of wheels 14, 15;
a seat 2, a backrest 5 and a legrest 3 [carried by the chair base of the frame] (figs. 2, 3, and 9, page 3, paragraph [0043], page 3, paragraph [0044], and page 4, paragraph [0048]);
the chair base having at least two elevations, including:
[a raised elevation in which the chair base with the seat, the backrest and the legrest are elevated] (fig. 4, page 3, paragraph [0041]); and
[a lowered elevation in which the chair base with the seat, the backrest and the legrest are lowered] (fig. 5, page 3, paragraph [0042]);
a manual actuator 16 [configured to selectively elevate the seat, the backrest and the legrest] (page 3, paragraph [0041]);
a pair of first actuator devices 8 [each disposed on a different lateral side of the frame] (page 2, paragraph [0038]) and [operatively coupled to the manual actuator to operate the manual actuator to elevate the chair base with the seat, the backrest and the legrest] (page 2, paragraph [0038], “each armrest has a control device 8 for … lifting and descending of the seat”);
[the backrest and the legrest being pivotal with respect to the seat] (page 3, paragraph [0043] and [004]), and the seat, the backrest and the legrest having at least two configurations, including:
[a chair configuration in which the backrest and the legrest are upright with respect to the seat] (fig. 8); and
[a reclined configuration in which the backrest is laid- back with respect to the seat, and the legrest is raised with respect to the seat so that the backrest, the seat and the legrest are substantially horizontal] (fig. 9);
a pair of armrests 6 [removably coupled with respect to the seat] (page 3, paragraph [0048]) and [each having an attached position on a lateral side of the seat and a removed position away from the seat] (figs. 1, 9, and 10, the armrests are removable via the hinge and fasteners shown in fig. 1); and
the wheelchair having at least three configurations, including:
[a patient acquisition configuration in which at least one of the pair of armrests is in the removed position] (via hinge and fasteners shown in fig. 1); the [seat, the backrest and the legrest are in the reclined configuration] (fig. 9); and [the chair base with the seat, the backrest and the legrest are in the raised elevation] (page 3, paragraph [0043]), [configured to transfer a patient to the wheelchair] (fig. 9);
[a patient transport configuration in which the pair of armrests is in the attached position; the seat, the backrest and the legrest are in the chair configuration; and the chair base with the seat, the backrest and the legrest are in the lowered elevation, configured to transport the patient with the wheelchair] (fig. 5); but does not explicitly disclose
the manual actuator coupled between the wheel base and the chair base
the first actuator is a pedal being coupled to the frame and positioned at a lateral side of the frame to operate the manual actuator from the lateral side of the wheelchair;
securement points carried by the frame and configured to be engaged by fasteners to secure the wheelchair in a vehicle; and
a patient passenger configuration in which the wheelchair with the patient thereon is positioned in a motor vehicle; the securement points of the wheelchair are coupled to the motor vehicle; the pair of armrests is in the attached position; and the chair base with the seat, the backrest and the legrest are in the lowered elevation, configured to transport the patient with the motor vehicle with the patient in the wheelchair.
Hanson et al. discloses a care chair comprising a pump pedal 90 pivotally mounted to each side 26, 28 of chair 20 to control the raising and lowering of patient support 32 relative to a floor 62] (col. 13, lines 33 – 35); and [the pump pedal is coupled to a frame 54, 92 and positioned at a lateral side of the frame to operate the manual actuator 114, 115] (fig. 7, col. 16, lines 47 – 59); but does not explicitly disclose
securement points carried by the frame and configured to be engaged by fasteners to secure the wheelchair in a vehicle; and
a patient passenger configuration in which the wheelchair with the patient thereon is positioned in a motor vehicle; the securement points of the wheelchair are coupled to the motor vehicle; the pair of armrests is in the attached position; and the chair base with the seat, the backrest and the legrest are in the lowered elevation, configured to transport the patient with the motor vehicle with the patient in the wheelchair.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the pump pedal of Hanson et al. with the manual actuator of Chen et al. with a reasonable expectation of success because it would allow for an assistant or caregiver to lower and raise the wheelchair from an ergonomic position, thus reducing stress and strain on the rider and caregiver.
Anderson discloses a wheelchair 1 comprising [a distal end 9b of an energy absorber 9-1 has a member 9m to which a strap, safety belt or similar fastening member can be attached, so that the energy absorber 9-1 and thus the wheelchair can be secured in a vehicle] (page 46, paragraph [0052]) and [a chassis 3 provided with rings L on a front and rear side, so that the chassis can be fixed to a vehicle from the front and rear] (pages 52 and 53, paragraph [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the energy absorber, rings, and fastening members of Anderson with the transport wheelchair of Chen et al. modified as above with a reasonable expectation of success because it would allow for secure attachment of the wheelchair to a vehicle and allow for wheelchair movement in a forward direction of the vehicle a distance corresponding to a plastic deformation of the energy absorber, thus reducing rearward momentum received by the occupant from the backrest after a collision impact. Additionally, the combination above allows for [a patient passenger configuration in which the wheelchair with the patient thereon is positioned in a motor vehicle] (page 46, paragraph [0052]); and [the securement points of the wheelchair are coupled to the motor vehicle, the pair of armrests is in in the attached position; and the chair base with the seat, the backrest, and the legrest are in the lowered elevation, configured to transport the patient with the motor vehicle with the patient in the wheelchair] (fig. 5 of Chen et al. and fig. 3a of Anderson).
For claim 17, Chen et al. modified as above discloses the transport wheelchair further comprising:
a connector 118 [spanning the frame between the pair of first actuator pedals with an intermediate portion of the connector engaging the manual actuator] (col. 16, lines 41 – 46).
For claim 18, Chen et al. modified as above discloses the transport wheelchair further comprising:
[the pair of first actuator pedals being pivotal between a folded orientation and an extended orientation] (col. 16, lines 36 – 46).
For claim 19, Chen et al. modified as above discloses the transport wheelchair further comprising:
a second release pedal 90 (col. 14, lines 33 – 35 of Hanson) [coupled to the frame] (fig. 7, col. 16, lines 47 – 59) and [positioned at a lateral side of the frame] (fig. 7) and [operatively coupled to the manual actuator to lower the chair base with the seat, the backrest and the legrest] (col. 16, lines 47 – 59).
For claim 20, Chen et al. discloses a method for transporting a non-emergency medical patient, the method comprising:
[removing at least one of a pair of armrests from a non-emergency medical transportation (NEMT) transport wheelchair] (figs. 1, 9, and 10, the armrests are removable via the hinge and fasteners shown in fig. 1), the transport wheelchair comprising a seat 2, a backrest 5 and a legrest 3 carried by a frame 11, 12 displaceable on a set of wheels 14, 15;
[positioning the transport wheelchair proximate the patient] (page 3, paragraph [0042]);
[configuring the transport wheelchair in a reclined configuration with the backrest laid-back with respect to the seat, and the legrest raised with respect to the seat so that the backrest, the seat and the legrest being substantially horizontal] (fig. 9);
engaging a first actuation device 8 [from a lateral side of the wheelchair] (fig. 1, page 2, paragraph [0038]) [to actuate a manual actuator 16 associated with the frame to elevate the seat, the backrest and the legrest to an elevation of the patient] (page 2, paragraph [0038], “each armrest has a control device 8 for … lifting and descending the seat”);
[transferring the patient to the transport wheelchair] (dependent upon the user or other person);
engaging a second release device 8 [from the lateral side of the wheelchair to release the manual actuator to lower the seat, the backrest and the legrest with the patient thereon] (page 2, paragraph [0038], “each armrest has a control device 8 for … lifting and descending the seat”);
[configuring the transport wheelchair in a chair configuration with the patient thereon with the backrest and the legrest upright with respect to the seat] (fig. 8);
[replacing the at least one of the pair of armrests on the transport wheelchair] (fig. 1, via hinge and fasteners);
[positioning the transport wheelchair with the patient thereon into a vehicle] (capable, dependent upon the user and the size of the vehicle); but does not explicitly disclose
the first actuation device and second actuation device are pedals; and
securing the transport wheelchair to the vehicle.
Hanson et al. discloses a care chair comprising a pump pedal 90 pivotally mounted to each side 26, 28 of chair 20 to control the raising and lowering of patient support 32 relative to a floor 62] (col. 13, lines 33 – 35); and [the pump pedal is coupled to a frame 54, 92 and positioned at a lateral side of the frame to operate the manual actuator 114, 115] (fig. 7, col. 16, lines 47 – 59); but does not explicitly disclose
securing the transport wheelchair to the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the pump pedal of Hanson et al. with the manual actuator of Chen et al. with a reasonable expectation of success because it would allow for an assistant or caregiver to lower and raise the wheelchair from an ergonomic position, thus reducing stress and strain on the rider and caregiver.
Anderson discloses a wheelchair 1 comprising [a distal end 9b of an energy absorber 9-1 has a member 9m to which a strap, safety belt or similar fastening member can be attached, so that the energy absorber 9-1 and thus the wheelchair can be secured in a vehicle] (page 46, paragraph [0052]) and [a chassis 3 provided with rings L on a front and rear side, so that the chassis can be fixed to a vehicle from the front and rear] (pages 52 and 53, paragraph [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the energy absorber, rings, and fastening members of Anderson with the transport wheelchair of Chen et al. modified as above with a reasonable expectation of success because it would allow for secure attachment of the wheelchair to a vehicle and allow for wheelchair movement in a forward direction of the vehicle a distance corresponding to a plastic deformation of the energy absorber, thus reducing rearward momentum received by the occupant from the backrest after a collision impact. Additionally, the combination above allows for [a patient passenger configuration in which the wheelchair with the patient thereon is positioned in a motor vehicle] (page 46, paragraph [0052]); and [the securement points of the wheelchair are coupled to the motor vehicle, the pair of armrests is in in the attached position; and the chair base with the seat, the backrest, and the legrest are in the lowered elevation, configured to transport the patient with the motor vehicle with the patient in the wheelchair] (fig. 5 of Chen et al. and fig. 3a of Anderson).
Allowable Subject Matter
Claim 2, 5 – 12, 14, and 15 are 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: the prior art fails to disclose:
For claim 2: a front of the chair base being pivotally coupled to the wheel base; a tilted orientation in which the seat is inclined at an acute angle with respect to a horizontal; or
For claims 5 – 6: a second release pedal; a rocker bar operatively coupled to the manual actuator and frame; the first actuator pedal and the second release pedal located at opposite ends of the rocker bar; or
For claim 7 – 11: a pivot wheel coupled to the frame and oriented perpendicular to the pair of fixed wheels and configured to rotate around a longitudinally-oriented rotational axis; the pivot wheel being selectively positionable between an elevated position and a lowered position; or
For claim 12: each of the armrests having a lock; the lock comprising a tube; a plug slidably received in the tube; a rod extending through the plug at a distal end; a cam lever coupled to the proximal end of the rod; or
For claim 14: a pouch; a transfer board removably disposed in the pouch; the pouch with the transfer board therein being pivotal with the backrest between the chair and reclined configurations; or
For claim 15: an intravenous pole attachment; an IV pole lock; a plug; a rod; and a cam lever.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-4949410 – comprising a transport apparatus comprising foot pedal assemblies mounted to each side of the unit are used to control height adjustment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
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