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 § 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 11, 12, 19, and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Further regarding Claim 11, where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “pattern” in claim 11 is used by the claim to mean “texture,” while the accepted meaning is “a decorative design.” The term is indefinite because the specification does not clearly redefine the term.
Claim 12 recites the limitation "wherein the inflatable cushion can be integrated with the outer portion so that a single layer is provided.” The specification on page 7, lines 7-8 recites “[o]ptionally and additionally, the inflatable cushion can be integrated with the outer portion so that a single layer is provided” (emphasis added). It’s unclear how a single layer, as recited in claim 12, can provide for “a seat outer portion wrapping an inflatable interior cushion” as required in parent claim 1. The drawings do not provide any further clarity regarding this discrepancy.
Claim 19 recites “A method of installing […], the method comprising:” in the preamble of the claim. The body of the claim further requires steps for using the system, i.e “ wherein when the user needs to get seated on or get up from the wheelchair, the seat outer portion is being inflated and when the user is seating on the seat of the wheelchair, the seat outer portion is being deflated.” It is unclear whether Applicant is solely requiring a method of installation, as stated in the preamble, or if Applicant is requiring a method of installation and a method of using as reflected by the totality of the claim.
Claim 20 recites the limitation "the interface" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-8 and 10-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iskra (US 5,487,197).
Regarding Claim 1, Iskra discloses a rising seat system (10) for wheelchairs comprising:
a seat outer portion (14) wrapping an inflatable interior cushion (12) wherein the outer seat portion is deployed, extended, or stretched when the inflatable interior cushion is being inflated and withdrawn to its original size when the inflatable interior cushion is deflated (seat top is made of Lycra and is stretchable, see Col. 3, Lines 43-45), and
an adjunct outer packaging portion (16) connected to the seat outer portion, wherein the outer packaging portion is configured to maintain at least a battery (60) and a pump (54) for inflating and deflating the inflatable interior cushion.
Regarding Claim 2, Iskra discloses a connection zone (40) connecting the seat outer portion and the adjunct outer packaging portion.
Regarding Claim 3, Iskra discloses wherein the seat outer portion is made of a material selected from a group of materials that are flexible, extendable, stretchable, or a combination thereof (see Col. 3, Lines 43-45).
Regarding Claim 4, Iskra discloses wherein a controller (72) is provided within the adjunct outer packaging portion, wherein the controller is configured to control the operation and coordination of and between the pump and the battery (see Col. 3, Line 53- Col. 4, Line 22).
Regarding Claim 5, Iskra discloses wherein the rising seat is provided with at least one sensor (74) configured to sense air pressure within the inflatable interior cushion and provide an alert to the controller to stop or start the operation of the pump (see Col. 4, Lines 4-10)
Regarding Claim 6, Iskra discloses wherein the inflatable interior cushion is made of a fluid-proof material (see Col. 3, Lines 17-31).
Regarding Claim 7, Iskra discloses wherein the fluid-proof material is nylon fabric covered with polyurethane (see Col. 3, Lines 19-21).
Regarding Claim 8, Iskra discloses wherein the inflatable interior cushion comprises at least one compartment (18-28).
Regarding Claim 10, Iskra discloses wherein the seat outer portion is made of fabric (see Col. 3, Lines 43-45).
Regarding Claim 11, as best understood, Iskra discloses wherein an upper side of the seat outer portion has a pattern that is selected from a pattern such as coarse, rough, jagged, or a combination thereof (see Fig. 1).
Regarding Claim 12, as best understood, Iskra discloses wherein the inflatable cushion can be integrated with the outer portion so that a single layer is provided (see Fig. 1).
Regarding Claim 13, Iskra discloses wherein the connection zone is flexible and bendable (see Fig. 1).
Regarding Claim 14, Iskra discloses wherein at least the battery and the pump are electrically connected (see Fig. 4).
Regarding Claim 15, Iskra discloses wherein a tube that is fluidically connected is connecting the pump and the inflatable interior cushion (see Figs. 1 and 4).
Regarding Claim 16, Iskra discloses wherein at least one tube that is fluidically connected is connecting the pump and the inflatable interior cushion and pass through the connecting zone (see Fig. 1).
Claim(s) 1-5, 8-9, 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bednarz (US 2018/0311095).
Regarding Claim 1, Bednarz discloses a rising seat system (10) for wheelchairs comprising:
a seat outer portion (202) wrapping an inflatable interior cushion (204) wherein the outer seat portion is deployed, extended, or stretched when the inflatable interior cushion is being inflated and withdrawn to its original size when the inflatable interior cushion is deflated (inherent aspect of bladders 204 inside foam cushion 202), and
an adjunct outer packaging portion (62) connected to the seat outer portion, wherein the outer packaging portion is configured to maintain at least a battery (116) and a pump (102) for inflating and deflating the inflatable interior cushion.
Regarding Claim 2, Bednarz discloses a connection zone (203) connecting the seat outer portion and the adjunct outer packaging portion.
Regarding Claim 3, Bednarz discloses wherein the seat outer portion is made of a material selected from a group of materials that are flexible, extendable, stretchable, or a combination thereof (foam, see [0059]).
Regarding Claim 4, Bednarz discloses wherein a controller (300, see Fig. 7) is provided within the adjunct outer packaging portion, wherein the controller is configured to control the operation and coordination of and between the pump and the battery.
Regarding Claim 5, Bednarz discloses wherein the rising seat is provided with at least one sensor (106) configured to sense air pressure within the inflatable interior cushion and provide an alert to the controller to stop or start the operation of the pump (see [0048].)
Regarding Claim 8, Bednarz discloses wherein the inflatable interior cushion comprises at least one compartment (see Fig. 5).
Regarding Claim 9, Bednarz discloses wherein the inflatable interior cushion comprises at least two compartments (see Fig. 5) and wherein upon inflating the inflatable interior cushion, some of the compartments are configured to be inflated and other compartments stay in an uninflated state (see [0078-0079]).
Regarding Claim 13, Bednarz discloses wherein the connection zone is flexible and bendable (openings 203 in foam 202).
Regarding Claim 14, Bednarz discloses wherein at least the battery and the pump are electrically connected (see Fig. 2).
Regarding Claim 15, Bednarz discloses wherein a tube (212) that is fluidically connected is connecting the pump and the inflatable interior cushion (see [0061]).
Regarding Claim 16, Bednarz discloses wherein at least one tube (212) that is fluidically connected is connecting the pump and the inflatable interior cushion and pass through the connecting zone (see Fig. 5 and [0061]).
Regarding Claim 17, Bednarz discloses wherein the packaging portion is provided with two bands (64) positioned on both sides of the packaging portion, wherein each band is configured to hang on handles of the wheelchair (see Fig. 3 and [0045]).
Regarding Claim 18, Bednarz discloses wherein the rising seat system is further provided with an interface (150) through which a user can interact with the controller (see [0066]).
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.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bednarz (US 2018/0311095) in view of Peash (US 2013/0055504).
Regarding Claim 19, as best understood, Bednzarz discloses a method for installing the rising seat system of Claim 1 on a wheelchair having a slot (see fig. 3) between a seat (208) and a backrest (408) of the wheelchair and handles (58) by which a caregiver of a user can move the wheelchair, the method comprising:
placing the seat outer portion on the seat of the wheelchair (see Fig. 5);
and
hanging the adjunct outer packaging portion on the handles of the wheelchair (see Fig. 3).
Bednarz fails to explicitly disclose passing the adjunct outer packaging portion through the slot between the seat of the wheelchair and the backrest of the wheelchair so that the connection zone is placed substantially within the slot. Bednarz states in para. [0045] that container 62 can be Plexiglas, a tool bag, or other type of container. Installing a bag through the slot between the wheelchair and backrest so that the connection zone is placed substantially within the slot is within ordinary skill in the art. With a limited number of predicted solutions, i.e. feeding the bag through the slot then feeding tubes through the bag or feeding the tubes through the slot then through the bag, and a reasonable expectation of success, it would have been obvious to try the aforementioned method of installing the adjunct outer packaging portion through the slot. Bednarz further fails to disclose wherein when the user needs to get seated on or get up from the wheelchair, the seat outer portion is being inflated and when the user is seating on the seat of the wheelchair, the seat outer portion is being deflated. Peash teaches when the user needs to get seated on or get up from the wheelchair, a seat outer portion is being inflated and when the user is seating on the seat of the wheelchair, the seat outer portion is being deflated (see para. [0045-0050]). Bednarz and Peash are analogous art because they are from the same field of endeavor, i.e. cushions. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the method of Bednarz with the inflating/deflating of Peash. The motivation would have been to assist a wheelchair user having a problem translating from a sitting to a standing position.
Regarding Claim 20, Bednarz fails to disclose wherein the user or the caregiver can interact with the rising seat system through the interface so as to inflate or deflate the seat outer portion. Peash teaches wherein a user or a caregiver can interact with the rising seat system through an interface (see para. [0044]) so as to inflate or deflate the seat outer portion. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the method of Bednarz with interface of Peash. The motivation would have been to provide a convenient way to control the inflation and deflation of the inflatable cushions of Bednarz.
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 ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC J KURILLA/ Primary Examiner, Art Unit 3619