Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-15 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US Patent Publication US2005/0172405A1 hereinafter referred to as Menkedick in view of US Patent 4,227,269 hereinafter referred to as Johnston.
Re-claim 1
Menkedick discloses a patient support apparatus 10 fig.1 comprising: a patient support surface 12, 26 fig.1; a base frame 28 fig.1 having structural components including a first end member and a second end member; a repositioning mechanism 34 fig.1 extending between the patient support surface and the base frame, and operable to vertically reposition and angularly reposition the patient support surface relative to the base frame; and one or more sensors 58 fig.35D, 1802, 1804 fig.1 operable to automatically detect and inhibit an attempt to vertically reposition the patient support surface when the patient support surface is in a particular position.
However does not disclose one or more sensors operable to automatically detect and inhibit an attempt to vertically reposition the patient support surface when the patient support surface is in a particular angular position to prevent damaging contact to the patient support surface, and to automatically detect and inhibit an attempt to angularly reposition the patient support surface when the patient support surface is in a particular vertical position to prevent damaging contact to the patient support surface.
Johnston teaches a patient support apparatus 1 fig.1 wherein one or more sensors 114-116 fig.1 operable to automatically detect and inhibit an attempt to vertically reposition the patient support surface when the patient support surface is in a particular angular position to prevent damaging contact to the patient support surface, and to automatically detect and inhibit an attempt to angularly reposition the patient support surface when the patient support surface is in a particular vertical position to prevent damaging contact to the patient support surface [column 7 lines 41-66].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined patient support apparatus of Menedick with a collision detection system and the patient support apparatus of Johnston having a collision prevention system and with a reasonable expectation of success arrived at a patient support apparatus having a collision prevention system. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of preventing the patient support apparatus from advertently engaging the ground or floor as taught in Johnston [column 7 lines 41-43].
Re-claim 2
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein the patient support surface accommodates a mattress 14 fig.1, and the base frame is substantially rectangular in shape and includes at least one rollable member 30 fig.1 at each corner.
Re-claim 3
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein the repositioning mechanism includes first and second frame members 106, 108 fig.2 and oppositely oriented first and second lift actuators 48a, 48b fig.2 which pivot the first and second frame members between a first position in which the patient support surface is raised relative to the base frame, and a second position in which the patient support surface is lowered relative to the base frame, and wherein when the first and second frame members are pivoted equally the patient support surface is vertically repositioned and when the first and second frame members are pivoted unequally the patient support surface is angularly repositioned (see fig.1-12).
Re-claim 4
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein when the patient support surface is lowered to a minimum safe height, the one or more sensors are operable to determine whether the patient support surface is level, and if it is not level, to automatically initiate leveling of the patient support surface by the repositioning mechanism [0470].
Re-claim 5
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein when the patient support surface is lowered to a predetermined distance above the minimum safe height, the one or more sensors are operable to determine whether the patient support surface is level, and if it is not level, to automatically initiate incremental leveling of the patient support surface by the repositioning mechanism such that the patient support surface is fully leveled when it reaches the minimum safe height [0470].
Re-claim 6
Menkedick as modified by Johnston above discloses,
Menkedick discloses further including one or more bumper components associated with one or more corners of the patient support apparatus (see fig.31), and operable to prevent damage when the patient support apparatus contacts another object, to receive and support removable members 16 fig.2, and to provide an electrical connection 575, 736, 737, 46 fig.31 for providing power to one or more electronic components of the patient support apparatus.
Re-claim 7
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein the one or more sensors comprises a first sensor operably coupled with the first end member and a second sensor operably coupled with the second end member (see fig.2) [0512].
Re-claim 8
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein the patient support surface is completely leveled when the first end sensor and the second end sensor are activated (The sensors as disclose are always activated while the patient support apparatus has power).
Re-claim 9
Menkedick discloses a patient support apparatus 10 fig.1 comprising: a patient support surface 12, 26 fig.1 having a head end and a foot end (see fig.1); and being articulated to allow for independently raising and lowering the head end and the foot end relative to a remainder of the patient support surface (see fig.1-12); a base frame 28 fig.1 having structural components including a first end member and a second end member; a repositioning mechanism 34 fig.1 extending between the patient support surface and the base frame, and operable to vertically reposition and angularly reposition the patient support surface relative to the base frame; and one or more sensors 58 fig.35D, 1802, 1804 fig.1 operable to automatically detect and inhibit an attempt to vertically reposition the patient support surface when the patient support surface is in a particular position.
However does not disclose one or more sensors operable to automatically detect and inhibit an attempt to vertically reposition the patient support surface beyond a minimum extent when the patient support surface is in a particular angular position to prevent damaging contact to the patient support surface, and to automatically detect and inhibit an attempt to angularly reposition the patient support surface when the patient surface is in a particular vertical position to prevent damaging contact to the patient support surface, wherein the minimum extent is variable based on the particular angular position of the patient support surface.
Johnston teaches a patient support apparatus 1 fig.1 wherein one or more sensors 114-116 fig.1 operable to automatically detect and inhibit an attempt to vertically reposition the patient support surface beyond a minimum extent when the patient support surface is in a particular angular position to prevent damaging contact to the patient support surface, and to automatically detect and inhibit an attempt to angularly reposition the patient support surface when the patient surface is in a particular vertical position to prevent damaging contact to the patient support surface, wherein the minimum extent is variable based on the particular angular position of the patient support surface [column 7 lines 41-66].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined patient support apparatus of Menedick with a collision detection system and the patient support apparatus of Johnston having a collision prevention system and with a reasonable expectation of success arrived at a patient support apparatus having a collision prevention system. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of preventing the patient support apparatus from advertently engaging the ground or floor as taught in Johnston [column 7 lines 41-43].
Re-claim 10
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein the repositioning mechanism includes first and second frame members 106, 108 fig.2 and oppositely oriented first and second lift actuators 48a, 48b fig.2 which pivot the first and second frame members between a first position in which the patient support surface is raised relative to the base frame, and a second position in which the patient support surface is lowered relative to the base frame, and wherein when the first and second frame members are pivoted equally the patient support surface is vertically repositioned and when the first and second frame members are pivoted unequally the patient support surface is angularly repositioned (see fig.1-12).
Re-claim 11
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein when the patient support surface is lowered to a minimum safe height, the one or more sensors are operable to determine whether the patient support surface is level, and if it is not level, to automatically initiate leveling of the patient support surface by the repositioning mechanism [0470].
Re-claim 12
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein when the patient support surface is lowered to a predetermined distance above the minimum safe height, the one or more sensors are operable to determine whether the patient support surface is level, and if it is not level, to automatically initiate incremental leveling of the patient support surface by the repositioning mechanism such that the patient support surface is fully leveled when it reaches the minimum safe height [0470].
Re-claim 13
Menkedick as modified by Johnston above discloses,
Menkedick discloses further including one or more bumper components associated with one or more corners of the patient support apparatus (see fig.31), and operable to prevent damage when the patient support apparatus contacts another object, to receive and support removable members 16 fig.2, and to provide an electrical connection 575, 736, 737, 46 fig.31 for providing power to one or more electronic components of the patient support apparatus.
Re-claim 14
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein the one or more sensors comprises a first sensor operably coupled with the first end member and a second sensor operably coupled with the second end member (see fig.2) [0512].
Re-claim 15
Menkedick as modified by Johnston above discloses,
Menkedick discloses wherein the patient support surface is completely leveled when the first end sensor and the second end sensor are activated (The sensors as disclose are always activated while the patient support apparatus has power).
Allowable Subject Matter
Claims 16-20 are allowed.
The prior art of Menkedick in view of Johnston discloses the claimed apparatus of a patient support apparatus comprising: a patient support surface having a head end and a foot end, and being articulated to allow for independently raising and lowering the head end and the foot end relative to a remainder of the patient support surface; a base frame having structural components including first and second end members; a repositioning mechanism extending between the patient support surface and the base frame, and operable to vertically reposition and angularly reposition the patient support surface relative to the base frame; one or more sensors operable to automatically detect and inhibit an attempt to vertically reposition the patient support surface beyond a minimum extent when the patient support surface is in a particular angular position to prevent damaging contact to the patient support surface, and to automatically detect and inhibit an attempt to angularly reposition the patient support surface when the patient surface is in a particular vertical position to prevent damaging contact to the patient support surface. However does not discloses an input device operable to allow for specifying the minimum extent, wherein the minimum extent is variable based on the particular angular position of
the patient support surface. For at least that reason claims 16-20 are considered allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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