July 13, 2026
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 § 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 1-11 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.
In claim 1, line 5, “their lower end” lacks antecedent basis. On line 7, the language “characterized in that” is improper claim language. On line 8, the word “comprises” should be - - comprise.
In claims 2-9,Applicant uses the language “characterized in that”, which is improper claim language
In claim 8, “the actuator” (2 instances) lacks antecedent basis. In Claim 7, Applicant claims “actuator bodies”. Furthermore, Applicant needs to identify the “actuator bodies” as - - first actuator body - - and - - second actuator body - - or simply as - - first actuator - - and - - second actuator - - in Claims 1 and 7. In claim 8, “the space between the actuators” lacks antecedent basis.
In claim 9, “the actuator” (2 instances) lacks antecedent basis. See the explanation and the recommendation to correct the problem for claim 8 above. Online 2, “the lever” lacks antecedent basis,
The aforementioned problems render the claims vague and indefinite. Clarification and/or correction is required.
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.1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (U.S. Patent No. 9,033,360 B2) in view of Pereslete (U.S. Patent Application Publication No. 2024/0307240 A1).
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Davis et al. teach the structure substantially as claimed including a lift 30 for changing position of the seat in a wheelchair, in which an upper frame comprises a tilting plate 90 and the tilting plate is pivotally and slidably mounted with pins in fixed part guides, whereas a second support of the tilting plate are tilting arms, which are connected to the tilting plate pivotally by means of pins, wherein the tilting arms are mounted at their lower end on a pin in the upper frame and driven by an actuator 74, and a base of the lift is a lower frame, in which arms of a scissor lifting mechanism 50a,50b of the upper frame are pivotally mounted, and driven by an actuator 74. Davis et al does not appear to teach a a horizontal fixed part or that the fixed part guides comprise aluminium profiles.
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However, Pereslete teaches a similar lift mechanism wherein an upper frame comprises a horizontal fixed part and also teaches that the lift frame is constructed of lightweight aluminum. It would have been obvious and well within the level of ordinary skill n the art for the lift mechanism to include an upper frame comprises a horizontal fixed part and fixed part guides that comprise aluminium profiles, since the combiantion of those features would result in a lightweight but sturdy lift mechanism capable of lifting a maximum of 400 lbs.
As for claim 2, Davis et al. teach that each of two adjacent horizontal plates (12) are connected by a vertical plate (13), wherein the vertical plates (13) are placed on opposite edges of the horizontal plates (see annotated Fig. 3 above).
As for claim 24 Davis et al. teach
Allowable Subject Matter
Claims 3-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it taches structures and concepts similar to those of the present invention .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rodney B. White whose telephone number is (571)272-6863. The examiner can normally be reached 8:30 AM-5:00 PM.
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, David R. Dunn can be reached at (571) 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Rodney B White/ Primary Examiner, Art Unit 3636
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