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 .
Claims 1-12 are pending.
Claims 4-7 and 9-12 have been withdrawn.
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, 2 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsay (US 12,599,234). Tsay discloses a powered chair provided with an anti-pinch sensing system, comprising: a base (fig. 1: 10); a housing enclosure comprising at least one arm and a backrest (fig. 1: shaded portion shown on side of seat assembly); a seat assembly (fig. 1: 90); an extensible/retractable footrest support assembly (fig: 1: 20); a footrest assembly (fig. 1: 30) pivotally mounted upon a distal end of said footrest support assembly and adapted to be disposed in a horizontal mode when said extensible/retractable footrest support assembly is moved between its retracted position and its fully extended position (fig. 3), and to be disposed in a vertical mode as said footrest assembly encounters said seat assembly when said extensible/retractable footrest support assembly moves said footrest assembly to said retracted position (fig. 1); and an angular sensor (figs. 1, 9: 50) mounted upon said footrest assembly for detecting angular movement of said footrest assembly, from said horizontal mode to said vertical mode, at a time which is prior to when said footrest assembly would normally encounter said seat assembly, which would indicate that said footrest assembly has encountered a foreign object, and for emitting a control signal so as to terminate/reverse movement of said footrest support assembly (Col. 4, lines 45-53).
As concerns claim 2, Tsay discloses wherein: said angular sensor is incorporated within an angular sensor housing fixedly mounted upon a rear surface portion of said footrest assembly (Tsay discloses a number of embodiments which include at least a portion of the angular sensor provided on a rear surface 30 of the footrest assembly:
Cols. 3, 4 lines 66-5: “In other embodiments, said sensor module 52 may adopt a reed switch and a magnetic member respectively disposed on the leg rest mount 30 and the second swing arm 22B. After the leg rest mount 30 pivots relative to the second swing arm 22B, the magnetic member moves relative to the reed switch such that the reed switch connects or disconnects a circuit to the control unit 51;”
Col. 4, lines 11-15: “said sensor module 52 may adopt any one of a micro switch, a membrane switch, a tact switch, and a pressure sensor. After the leg rest mount 30 pivots relative to the second swing arm 22B, a construction first contacting said sensor module 52 is detached from said sensor module 52 such that said sensor module 52 generates an electrical output to the control unit 51 according to the above detachment.”
Col. 4, lines 39-42: “in other embodiments, said sensor module 52 may be disposed on the leg rest mount 30 and/or the first swing arms 22A, and said sensor module 52 may adopt another sensor or switch.”).
As concerns claim 8, Tsay discloses a method of using an anti-pinch sensing system within a powered chair, comprising the steps of: providing a base (fig. 1: 10) for said powered chair; providing a housing enclosure, comprising at least one arm and a backrest, for said powered chair (fig. 1 shaded armrest); providing a seat (fig. 1: 90) assembly for said powered chair; providing an extensible/retractable footrest support assembly (fig. 1: 20) for said powered chair; pivotally mounting a footrest assembly (fig. 1: 30) upon a distal end of said footrest support assembly such that said footrest assembly is adapted to be disposed in a horizontal mode when said extensible/retractable footrest support assembly is moved between its retracted position and its fully extended position (fig. 3), and to be disposed in a vertical mode as said footrest assembly encounters said seat assembly when said extensible/retractable footrest support assembly moves said footrest assembly to said retracted position (fig. 1); and mounting an angular sensor (fig. 1: 50) upon said footrest assembly for detecting angular movement of said footrest assembly, from said horizontal mode to said vertical mode, prior to said footrest assembly encountering said seat assembly, which would indicate that said footrest assembly encountered a foreign object, and for emitting a control signal so as to terminate/reverse movement of said footrest support assembly (Col. 4, lines 45-53).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsay. Tsay does not expressly teach wherein: said footrest assembly is pivotally mounted upon said footrest support assembly around a pivotal axis which passes through said angular sensor housing. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to substitute another known angular sensor (as discussed at least in Col. 4, lines 39-42) between the pivot connection of 30 and 22A in order to sense the desired amount of angular change or provide the desired means for sensing the change in angle.
Response to Arguments
Applicant's arguments filed 8/17/26 have been fully considered but they are not persuasive. Applicant argues, generally, that the sensors used in Tsay are proximity sensors and not “angular sensors” such that although the overall operation may be similar or the same, the means (use of an angular sensor) is different. The Office is not persuaded. The claim recites “an angular sensor […] for detecting angular movement of the footrest assembly.” There are no further definitions, limitations or structures associated with the term “angular sensor.” Further, the term “angular sensor” is not provided with a specific structure or definition of what mechanism is used to determine an angular change of the footrest within the specification, nor is “angular sensor” considered a generally accepted term which is limited to a particular mechanism known to one having ordinary skill in the art.
As discussed in Applicant’s remarks and within the specification of Tsay, the reference may employ one or more photoelectric sensors, reed switches or the like to detect an angular change of the footrest 91/legrest mount 30 relative to the swing arm when moving from an extended to a retracted position at a time which is prior to when said footrest assembly would normally encounter said seat assembly, which would indicate that said footrest assembly has encountered a foreign object (Col. 4, lines 36-39: “as long as said sensor module 52 is configured to sense pivoting of the leg rest mount 30 relative to the second swing arm 22B for the control unit 51 to control the driver 60.”). Although the types of sensors listed in Tsay may be considered “proximity” sensors for some purposes, when used in conjunction with the legrest mechanism and pivot point of Tsay these sensors are used to determine a change in angle of legrest/footrest mount 30 and are therefore considered “angular.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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