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
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)(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.
Claims 1 – 6 and 15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent application publication number US 2014/0084553 A1 to Carletti.
Regarding claims 1 – 6 and 15, Carletti discloses a patient transport apparatus (motorized stair chair 10) operable by a user for transporting a patient along stairs, the patient transport apparatus comprising:
[Claim 1] a support structure (chair frame 12);
a seat section (polymer-based seat 21) coupled to the support structure for supporting the patient;
a track assembly (motorized track assembly 15) extending from the support structure and having a belt (motorized tracks 22) for traversing stairs;
a motor (motor 18; Paragraph [0038]) coupled to the track assembly to selectively generate torque to drive the belt;
a handle assembly (handle bar 37) coupled to the support structure and arranged to be grasped by the user during movement of the patient transport apparatus (Fig. 1);
a user interface (“information to buttons, switches, toggle units, a touch screen console, or combinations thereof”; Paragraph [0040]) arranged for engagement by the user, the user interface including a first activation input control (the left side of the button of controller 34, as shown in Fig. 4) and a second activation input control (the right side of the button of controller 34, as shown in Fig. 4), the first and second activation input controls each being coupled to the handle assembly (See Figs. 1 and 4 showing the controller 34 which contains the user interface is attached on the handle 37; Paragraph [0040]); and
a controller (controller 34) in communication with the motor and the user interface, the controller being configured to permit operation of the motor to drive the belt in response to user engagement of at least one of the first activation input control and the second activation input control (“controller 34 may rotate the motorized tracks forward and backward”; Paragraph [0045]);
[Claim 2] wherein the handle assembly (handle bar 37) includes a first hand grip region (the left side of handle 37) and a second hand grip region (the right side of handle 37) spaced laterally from the first hand grip region (See Fig. 1);
[Claim 3] wherein the first activation input control (the left side of the button of controller 34, as shown in Fig. 4) is arranged adjacent to the first hand grip region (the left side of handle 37), and the second activation input control (the right side of the button of controller 34, as shown in Fig. 4) arranged adjacent to the second hand grip region (the right side of handle 37) to facilitate user engagement of one of the first and second activation input controls from either of the first and second hand grip regions;
[Claim 4] wherein the handle assembly (handle bar 37) includes an upper grip defining the first hand grip region (the left side of handle 37) and the second hand grip region (the right side of handle 37); and
wherein the first and second activation input controls are coupled to the upper grip (See Figs. 1 and 4; the handle 37 includes left and right vertical portions which connect to left and right support members 29 and 31, Fig. 1, and an upper horizontal portion, having the control 34 directly attached Figs. 1, 2 and 4);
[Claim 5] wherein the first and second activation input control (the left side and right side of the button of controller 34, as shown in Fig. 4) are arranged between the first and second hand grip region (the left and right sides of handle 37) to facilitate user engagement of one of the first and second activation input controls from either of the first and second hand grip region (See Figs. 1, 2 and 4); and
[Claim 6] wherein the user interface (“information to buttons, switches, toggle units, a touch screen console, or combinations thereof”; Paragraph [0040]) further includes a direction input control (the controller 34 also includes a direction input control; Paragraph [0039]) for selecting a drive direction (“the controller 34 may be operable to pivot the pair of motorized tracks 22 in a forward direction or backward direction”; Paragraph [0039]) of the motor (motor 18; Paragraph [0038]); and
[Claim 15] further comprising a battery (battery 20) to provide power to the patient transport apparatus (motorized stair chair 10); and
wherein the user interface (“information to buttons, switches, toggle units, a touch screen console, or combinations thereof”; Paragraph [0040]) further includes a battery indicator configured to display a charge state of the battery to the user (“the controller 34 may provide information about the operational state of the battery 20 to an electronic display unit within the motorized stair chair 10”; Paragraph [0040]).
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 16 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Carletti, in view of patent number US 9,593,833 B2 to McMannon.
Regarding claim 16, Carletti discloses the patient transport apparatus (motorized stair chair 10) as set forth in claim 1, wherein the controller (controller 34) is operable between:
a sleep mode to limit power consumption, and an active mode to facilitate operation of the motor (motor 18; Paragraph [0038]; “For example, the controller may automatically switch the chair into stand-by mode after one minute of inactivity”, Paragraph [0040]).
However, Carletti does not disclose:
wherein the controller is configured to change operation from the sleep mode to the active mode in response to user engagement of the user interface.
McMannon discloses a seat assembly for a patient transport device, wherein a controller (one or more controllers 90) is configured to change operation from the sleep mode to the active mode in response to user engagement of the user interface (“When the lighting unit 70 is in the IDLE mode, the lighting unit 70 is capable of entering the RUN mode or the DEEP SLEEP mode. The RUN mode can be activated by one or more methods. For example, user activation via the manual input 28 can activate the RUN mode”, Col. 11, Lns. 4 – 9). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Carletti’s wheelchair to also be configured to be activated from a sleep mode to an active mode by the operation of a user, as taught by McMannon, for convenience and ease of use.
Regarding claim 17, Carletti, modified by McMannon, discloses the patient transport apparatus (motorized stair chair 10) as set forth in claim 16. Carletti further discloses:
wherein the controller (controller 34) is further configured to change operation from the active mode to the sleep mode in response to determining an absence of engagement with the user interface (“information to buttons, switches, toggle units, a touch screen console, or combinations thereof”; Paragraph [0040]) over a predetermined period (“For example, the controller may automatically switch the chair into stand-by mode after one minute of inactivity”, Paragraph [0040]).
Regarding claim 18, Carletti, modified by McMannon, discloses the patient transport apparatus (motorized stair chair 10) as set forth in claim 16. Carletti further does not disclose a light module disposed in communication with the controller;
wherein the controller is further configured to operate the light module in a first illumination state during operation in the sleep mode; and
wherein the controller is further configured to operate the light module in a second illumination state, different from the first illumination state, during operation in the active mode.
However, McMannon further discloses:
a light module (lighting unit 70) disposed in communication with a controller (one or more controllers 90);
wherein the controller is further configured to operate the light module in a first illumination state during operation in the sleep mode (“Regarding the DEEP SLEEP mode, both the lighting unit 70 including the rear light output 22a and the lower light output 22b are automatically switched to the OFF position but remain in an operational state”, Col. 10, Lns. 54 – 57); and
wherein the controller is further configured to operate the light module in a second illumination state, different from the first illumination state, during operation in the active mode (“When the lighting unit 70 is in the IDLE mode, the lighting unit 70 is capable of entering the RUN mode …Thus, the lighting unit 70 can be automatically activated or switched from the OFF position to the ON position.”, Col. 11, Lns. 4 – 20; Col. 9, Lns. 35 – 37). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to further modify Carletti’s wheelchair to include lighting configured to operate in various modes, as disclosed by McMannon, to enable the user to see or rest, as the case may be, while using the wheelchair.
Allowable Subject Matter
Claims 7 – 14, 19 and 20 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.
Regarding claim 7, Carletti, modified by McMannon, discloses the patient transport apparatus (motorized stair chair 10) of claim 6.. Carletti further discloses wherein the direction input control (the controller 34 also includes a direction input control; Paragraph [0039]) of the user interface (“information to buttons, switches, toggle units, a touch screen console, or combinations thereof”; Paragraph [0040]) is operatively attached to the support structure (chair frame 12); and
wherein the handle assembly (handle bar 37) is supported for movement relative to the support structure between a collapsed position (Fig. 3) and an extended position (Fig. 2). However, neither Carletti nor McMannon disclose the first and second activation input controls being spaced further from the direction input control in the extended position than in the collapsed position (Fig. 3). Instead, Carletti teaches the controller (34) is attached to the handle (37) in the extended position (Fig.2) and is silent about the location of the controller (34) in the collapsed configuration (Fig. 3).
Regarding claim 8, Carletti, modified by McMannon, discloses the patient transport apparatus (motorized stair chair 10) of claim 6, but they do not teach the controller is further configured to limit operation of the motor in response to user engagement of either of the first and second activation input controls preceding user engagement of the direction input control to prevent driving the belt, and to permit operation of the motor in response to user engagement of at least one of the first and second activation input controls following user engagement of the direction input control to drive the belt in a selected drive direction. Other prior art does not teach these limitations, singly or in combination. Claims 9 – 14 depend from claim 8, and therefore, are also allowed.
Regarding claim 19, Carletti, modified by McMannon discloses the patient transport apparatus (motorized stair chair 10) as set forth in claim 16, wherein the user interface (“information to buttons, switches, toggle units, a touch screen console, or combinations thereof”; Paragraph [0040]) further includes a direction input control (the controller 34 also includes a direction input control; Paragraph [0039]) for selecting a drive direction of the motor (motor 18; Paragraph [0038]).
McMannon discloses:
a direction light module (lighting unit 70) arranged adjacent to the direction input control and disposed in communication with the controller;
wherein the controller is further configured to operate the direction light module in a first illumination state during operation in the sleep mode(“Regarding the DEEP SLEEP mode, both the lighting unit 70 including the rear light output 22a and the lower light output 22b are automatically switched to the OFF position but remain in an operational state”, Col. 10, Lns. 54 – 57);
wherein the controller is further configured to operate the direction light module in a second illumination state, different from the first illumination state, in response to changing operation to the active mode from the sleep mode (“When the lighting unit 70 is in the IDLE mode, the lighting unit 70 is capable of entering the RUN mode …Thus, the lighting unit 70 can be automatically activated or switched from the OFF position to the ON position.”, Col. 11, Lns. 4 – 20; Col. 9, Lns. 35 – 37).
Neither Carletti, nor McMannon disclose:
wherein the controller is further configured to operate the direction light module in a third illumination state, different from the second illumination state, in response to user engagement of the direction input control following the change in operation from the sleep mode to the active mode.
Regarding claim 20, Carletti, modified by McMannon, discloses the patient transport apparatus (motorized stair chair 10) as set forth in claim 16. Carletti further discloses:
wherein the user interface (“information to buttons, switches, toggle units, a touch screen console, or combinations thereof”; Paragraph [0040]) further includes:
a direction input control (the controller 34 also includes a direction input control; Paragraph [0039]) for selecting a drive direction of the motor (motor 18; Paragraph [0038]), and a speed input control for selecting between a plurality of drive speeds of the motor (forward and backward directions, Paragraphs [0004]).
However, neither Carletti, nor McMannon disclose:
wherein the controller is further configured to initially select a lowest drive speed of the plurality of drive speeds of the motor in response to user engagement of the direction input control following the change in operation from the sleep mode to the active mode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./ Supervisory Patent Examiner, Art Unit 3611
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