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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-7 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,946,748 to Wang. With respect to claim 1, Wang ‘748 shows the claimed limitations of an apparatus for assisting a patient, the apparatus comprising: a base (79, 81, 83) (as shown in Figures 3, 5 & 8 and as described in column 5, lines 18-22); a primary member (61, 63, 65) coupled to the base (79, 81, 83) at a coupling end (i.e., a bottom end of the primary member), the primary member extending along a longitudinal axis from the coupling end to a shoulder (i.e., a top end of the primary member) (as shown in Figures 3, 5 & 8 and as described in column 5, lines 14-18, 22-23 & 32-36); an interface member (35), the interface member being an elongate member defining a first axis, the interface member being coupled to the shoulder (via element 31) with the first axis extending transversely relative to the primary member (as shown in Figure 3 and as described in column 4, lines 42-49); and three or more attachment members (i.e., left and right sections of elements 37), the three or more attachment members being coupled to the interface member (35) and extendable to extend radially from the interface member, each of the three or more attachment members (37) being attachable via corresponding attachment elements (39) to a sling (9), wherein the three or more attachment elements and the interface member (35) are collectively rotatable as a rigid body (via elements 41, 45, 47, 49, 51, 53 and 55) about the first axis (as shown in Figures 3-4C & 8 and as described in column 4, lines 49-67; column 5, lines 1-13 and in column 6, lines 9-15).
With respect to claims 2-4, the reference discloses the claimed limitations of a secondary member (31) coupling the interface member (35) to the shoulder (as shown in Figures 3 & 8 and as described in column 4, lines 42-47); and an elbow (51, 53, 55, 57), wherein the elbow coupling the interface member (35) is coupled to a far end of the secondary member (31), the secondary member extending from the shoulder to the far end, wherein in operation the elbow (51, 53, 55, 57) is configured to rotate the interface member (35) relative to the secondary member (31) with the interface member being parallel relative to the base (79, 81, 83) (as shown in Figures 3-4B & 8 and as described in column 4, lines 57-67 and in column 5, lines 1-13); wherein the interface member (35) is translatable between any two heights (via elements 67, 71, 73, 75 and 77) relative to the base (79, 81, 83) by a movement of the secondary member (31) relative to the primary member (61, 63, 65), and wherein the interface member (35) is constrained to a translational movement parallel to the longitudinal axis in moving between the any two heights (as shown in Figures 3, 5 & 8 and as described in column 5, lines 14-36).
With respect to claims 5-7, the reference further discloses wherein at least three of the three or more attachment members (37) are distributed along the first axis, and wherein the at least three of the three or more attachment members are spaced apart from one another relative to the first axis (i.e., the three or more attachment members are disposed on opposite sides and on opposite ends of the first axis as shown in Figures 3 & 8); wherein four of the three or more attachment members are disposed in pairs in mirror symmetry about a middle plane of the interface member (35) (also as shown in Figure 3); and wherein the three or more attachment members (37) are coupled with the interface member and biased towards an extended position (i.e., the three or more attachment members are fixed to and project from the interface member as shown in Figures 3 & 8 and as described in column 4, lines 47-49), the extended position of any one of the three or more attachment members (37) being one in which the one of the three of more attachment members is extended radially from the interface member (35) (also as shown in Figures 3 & 8 and as described in column 4, lines 47-49).
With respect to claims 12-14, the reference further discloses wherein the corresponding attachment elements (39) are spaced apart along the first axis, and wherein at least two of the corresponding attachment elements are spaced apart from one another along a second axis (i.e., at least two of the attachment elements are linearly spaced apart along opposite sides of the interface member as shown in Figures 3 & 8), the second axis transverse to the first axis; the sling (9) coupled to the corresponding attachment elements (39) to define a receiving surface to receive the patient, wherein a rotation of the interface member (35) provides a corresponding tilt of the receiving surface (as shown in Figure 8 and as described in column 5, lines 8-13 and in column 6, lines 11-15); and wherein the sling (9) includes attachment points (11) coupled to the corresponding attachment elements (39), and wherein a center of mass of the sling (9) is disposed between the attachment points (as shown in Figures 3 & 8 and as described in column 4, lines 51-53 and in column 6, lines 11-15).
Claims 1, 5-7 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2015/125336 A1 to Shusaku et al. With respect to claim 1, Shusaku et al. ‘336 shows the claimed limitations of an apparatus (100) for assisting a patient, the apparatus comprising: a base (108) (as shown in Figures 11 & 12 and as described on page 19, in paragraph 0085); a primary member (103) coupled to the base at a coupling end (i.e., a bottom end of the primary member), the primary member extending along a longitudinal axis from the coupling end to a
shoulder (i.e., a top end of the primary member) (as shown in Figures 11-13 and as described on page 16, in paragraphs 0075 & 0076 and on page 17, in paragraph 0076); an interface member (102), the interface member being an elongate member defining a first axis (Ax1), the interface member being coupled to the shoulder (via element 122) with the first axis extending transversely relative to the primary member (103) (as shown in Figures 11-13 & 15-18 and as described on page 16, in paragraph 0076; page 17, paragraph 0076 and on page 22, in paragraph 0100); and three or more attachment members (104, 105), the three or more attachment members being coupled to the interface member (102) and extendable to extend radially from the interface member (as shown in Figures 11-19 and as described on page 17, in paragraphs 0078-0080 and on page 18, in paragraphs 0080 & 0081), each of the three or more attachment members (104, 105) being attachable via corresponding attachment elements (107) to a sling (6) (as shown in Figures 8-14 and as described on page 10, in paragraph 0044; page 18, paragraph 0083 and on page 19, in paragraph 0083), wherein the three or more attachment elements (107) and the interface member (102) are collectively rotatable (via element 123) as a rigid body about the first axis (Ax1) (as shown in Figures 15 & 17 and as described on page 18, in paragraph 0081; page 22, paragraph 0103, page 23, paragraph 0103 and on page 24, in paragraph 0114).
With respect to claims 5-7, the reference further discloses wherein at least three of the three or more attachment members (104, 105) are distributed along the first axis (Ax1), and wherein the at least three of the three or more attachment members are spaced apart from one another relative to the first axis (Ax1) (i.e., the three or more attachment members are disposed on opposite sides and on opposite ends of the first axis as shown in Figures 11-18); wherein four of the three or more attachment members (104, 105) are disposed in pairs in mirror symmetry about a middle plane of the interface member (102) (as shown in Figures 11 & 12); and wherein the three or more attachment members (104, 105) are coupled with the interface member (102) and biased towards an extended position (i.e., the three or more attachment members are coupled to and project from the interface member as shown in Figures 11-13 & 15-18 and as described on page 17, in paragraphs 0078 & 0079), the extended position of any one of the three or more attachment members (104, 105) being one in which the one of the three of more attachment members is extended radially from the interface member (102) (also as shown in Figures 11-13 & 15-18 and as described on page 17, in paragraphs 0078 & 0079).
With respect to claims 12-14, the reference further discloses wherein the corresponding attachment elements (107) are spaced apart along the first axis (Ax1), and wherein at least two of the corresponding attachment elements are spaced apart from one another along a second axis, the second axis transverse to the first axis (Ax1) (i.e., at least two of the attachment elements are spaced apart along the respective lengths of the three or more attachment members and along opposite sides of the interface member as shown in Figures 11-13); the sling (6) coupled to the corresponding attachment elements (107) to define a receiving surface to receive the patient (H), wherein a rotation of the interface member (102) provides a corresponding tilt of the receiving surface (as shown in Figures 8-11 & 17 and as described on page 10, in paragraph 0044, page 12, paragraph 0058; page 13, paragraph 0058; page 18, paragraphs 0081 & 0083; page 19, paragraph 0083 and on page 24, in paragraph 0114); and wherein the sling (6) includes attachment points (i.e., corner portions of the sling as shown in Figures 8-10) coupled to the corresponding attachment elements (107), and wherein a center of mass of the sling (6) is disposed between the attachment points (also as shown in Figures 8-10).
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date
of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 17-24 are rejected under 35 U.S.C. 103 as being unpatentable over Shusaku et al. ‘336 in view of U.S. Patent No. 9,254,234 to Cooper et al. With respect to claims 17 and 19-24, Shusaku et al. do not specifically disclose conditions wherein the base (108) comprises a first support surface, wherein the apparatus (100) is dockable relative to a second support surface; wherein the primary member (103) is moveable between a proximal side and a distal side of the base (108), relative to the second support surface; wherein the primary member is coupled to a track extending between the proximal side and the distal side of the base; wherein the coupling end of the primary member (103) is slidably coupled to the base (108) to move along a width of the base, wherein a movement in the primary member is supported by at least one support arm in a support position; wherein the at least one support arm is pivotably coupled to the base (108) to move between a folded position and the support position, relative to the base; wherein the apparatus (100) is actuatable between an operating state and a folded state, wherein in the folded state, the interface member (102) is disposed at a back of the base (108); and wherein the base comprises a wheelchair. Cooper et al. ‘234 provides the basic teaching of a patient assist apparatus comprising an electric powered wheelchair base (8) comprising a first support surface (11), wherein the apparatus is dockable relative to a second support surface (30) (as shown in Figures 1 & 6 and as described in column 5, lines 53-57 and in column 7, lines 29-46); a primary member (14-16) which is moveable between a proximal side and a distal side
of the base (8) via a track (9) extending between the proximal side and the distal side of the base, wherein a coupling end of the primary member (14-16) (i.e., a bottom end of the primary member) is slidably coupled to the base (8) to move along a width of the base (via element 9) (as shown in Figures 1, 2 & 6 and as described in column 6, lines 36-43); at least one support arm (17) which supports a movement in the primary member (14-16) in a support position, wherein the at least one support arm is pivotably coupled to the base (8) to move between a folded position (as shown in Figure 2) and the support position (as shown in Figure 1) relative to the base (8) (also as described in column 6, lines 47-49 and in column 7, lines 2-15); and an interface member (18-20) coupled (via element 17) to the primary member (14-16), wherein the apparatus further is actuatable between an operating state (as shown in Figure 1) and a folded state (as shown in Figure 2), and wherein in the folded state, the interface member (18-20) is disposed at a back of the base (8) (via track 9) (also as described in column 6, lines 36-43). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the apparatus disclosed in Shusaku et al. with the primary member, the at least one support arm, the interface member and the wheelchair base taught in Cooper et al. ‘234 with a reasonable expectation of success because this would have achieved the desirable result of facilitating transfer of a patient between first and second support surfaces as taught by Cooper et al. ‘234 (column 5, lines 53-57 and column 7, lines 31-34).
With respect to claim 18, Shusaku et al. further disclose a condition wherein the primary member (103) is constrained to a translation displacement along a path (via elements 120) (as shown in Figures 13-19 and as described on page 20, in paragraph 0091).
Allowable Subject Matter
Claims 8 and 15 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. The examiner respectfully asserts that one of ordinary skill in the art would not have found it obvious before the effective filing date of the claimed invention to modify the respective patient assist apparatuses of Wang ‘748 and Shusaku et al. ‘336 to include the particular operational arrangements between the three or more attachment members and the interface member as recited in dependent claim 8, and between the controller, the attachment elements and the at least one sensor as recited in dependent claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: Ang et al. ‘558, Wang ‘063, Cooper et al. ‘981, Wang ‘708, Fernie et al. ‘285, Wang ‘398, Ang et al. ‘020 and Tomoyuki et al. ‘276.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G SANTOS whose telephone number is (571)272-7048. The examiner can normally be reached Monday-Friday 9am-11:30am and 2pm-7:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT G SANTOS/Primary Examiner, Art Unit 3673