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 Objections
Claim 3 is objected to because of the following informalities:
In claim 3, line 3, “each of the selectively inflatable pivoting element” should read “each of the selectively inflatable pivoting elements”
Appropriate correction is required.
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 2-3, 6, and 10-11 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.
Claims 2-3 and 6 each recite the limitation "the respective first selectively inflatable pivoting element " in lines 4-5 of claim 2, lines 4-6 of claim 3 and line 3 of claim 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it is assumed the claims intended to refer to a respective one of the first plurality of selectively inflatable pivoting elements.
Claims 10 and 11 each recite the limitation "the first selectively inflatable pivoting element " in lines 3-4 of claim 10, and lines 3-4 of claim 11. For examination purposes, it is assumed the claims intended to refer to one selectively inflatable pivoting element of the first plurality selectively inflatable pivoting elements.
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.
Claims 1-5 and 10-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bosley (U.S. Publication No. 2021/0169719).
Regarding claim 1, Bosley (U.S. Publication No. 2021/0169719) discloses a support surface overlay 100 comprising: a first flat, flexible sheet 140; and a second flat, flexible sheet 110 overlying the first flat, flexible sheet 140; and a seam 123 joining the first, flat flexible sheet 140 to the second flat, flexible sheet 110 at predetermined locations (paragraphs 0048, 0050, and 0057 and Figure 3),wherein the first flat, flexible sheet 140, the second flat, flexible sheet 110, and the seam 123 cooperate to define a first selectively inflatable compartment 161 (paragraph 0054 and Figure 3), wherein the first selectively inflatable compartment 161 comprises a first manifold (defined by the portion of the inflatable bladder 161 through which hose 163 is connected, paragraph 0056 and Figure 3) and a first plurality of selectively inflatable pivoting elements 161a-b fluidly connected to the first manifold (paragraphs 0055-0056 and Figure 3), wherein each of the first plurality of selectively inflatable pivoting elements 161a-b is inflatable and deflatable between a deflated state and an inflated state (Figures 1-3 and paragraph 0055), and wherein each of the first plurality of selectively inflatable pivoting elements 161a-b is configured to pivot relative to adjacent portions of the support surface overlay 100 in response to transition of the first inflatable compartment 161 between an deflated state and an inflated state (Figures 1-3).
Regarding claim 2, Bosley discloses the subject matter as discussed above with regard to claim 1. Bosley further discloses wherein the first flat, flexible sheet 140 and the second flat, flexible sheet 110 are configured so that at least a portion of the second flat flexible sheet 110 defining each of the first plurality of selectively inflatable pivoting elements 161a-b pivots with respect to a portion of the second flat, flexible sheet 110 adjacent the respective first selectively pivoting inflatable element 161 in response to transition of the respective first selectively inflatable pivoting element 161 between the deflated state and the inflated state (Figures 1-3).
Regarding claim 3, Bosley discloses the subject matter as discussed above with regard to claim 1. Bosley further discloses wherein the first flat, flexible sheet 140 and the second flat, flexible sheet 110 are configured so that the at least a portion of the second flat flexible sheet 110 defining each of the first plurality of selectively inflatable pivoting element 161a-b translates with respect to a portion of the second flat, flexible sheet 110 adjacent the respective first selectively inflatable pivoting element 161a-b in response to transition of the respective first selectively inflatable pivoting element 161a-b between the deflated state and the inflated state (Figures 1-3).
Regarding claim 4, Bosley discloses the subject matter as discussed above with regard to claim 1. Bosley further discloses where at least one selectively inflatable pivoting element 161a-b of the first plurality of selectively inflatable pivoting elements 161a-b is elongated (Figure 3).
Regarding claim 5, Bosley discloses the subject matter as discussed above with regard to claim 1. Bosley further discloses a hinge (defined by the narrowed/neck regions between each pivoting element 161a-b, adjacent conduit 162, which allows each element to pivot relative to each other when the hinged couplings of the bed frame are pivoted, Figure 3 and paragraph 0055) connecting at least one selectively inflatable pivoting element 161a of the first plurality of selectively inflatable pivoting elements 161a-b to an adjacent portion of at least one of the first flat, flexible sheet 140 and the second flat, flexible sheet 110 (Figure 3 and paragraphs 0055).
Regarding claim 10, Bosley discloses the subject matter as discussed above with regard to claim 1. Bosley further discloses wherein each of the first plurality of selectively inflatable pivoting elements 161a-b is configured and operable to translate at least a corresponding portion of a body disposed upon the support surface overlay 100 in response to inflation of the first selectively inflatable pivoting element 161a-b between the deflated state and the inflated state (Figures 1-3 and paragraph 0047).
Regarding claim 11, Bosley discloses the subject matter as discussed above with regard to claims 1 and 10. Bosley further discloses wherein each of the first plurality of selectively inflatable pivoting elements 161a-b is configured and operable to translate at least a corresponding portion of a body disposed upon the support surface overlay 100 in response to deflation of the first selectively inflatable pivoting element 161a-b between the inflated state and the deflated state (Figures 1-3 and paragraph 0047).
Regarding claim 12, Bosley discloses the subject matter as discussed above with regard to claim 1. Bosley further discloses wherein the first selectively inflatable compartment 161 further is configured to define a first selectively inflatable lifting element 161c, wherein the first selectively inflatable lifting element is selectively inflatable between a deflated state and an inflated state (Figures 1-3 and paragraph 0055), and wherein the first flat, flexible sheet 140 and the second flat, flexible sheet 110 are configured so that at least a portion of the second flat flexible sheet 110 defining the first selectively inflatable lifting element 161c translates with respect to a portion of the second flat, flexible sheet 110 adjacent the first selectively inflatable lifting element 161c in response to transition of the first selectively inflatable lifting element between the deflated state and the inflated state (Figures 1-3 and paragraph 0059).
Regarding claim 13, Bosley discloses the subject matter as discussed above with regard to claims 1 and 12. Bosley further discloses wherein the first selectively inflatable lifting element 161c is elongated (Figure 3).
Regarding claim 14, Bosley discloses the subject matter as discussed above with regard to claims 1-5 and 10-13. Bosley further discloses wherein a first of the first plurality of selectively inflatable pivoting compartments 161a is configured to pivot in a first rotational direction (see Bosley, Figures 2-3 where the compartment 161a pivots towards the seam 123 in response to the inflation of the compartment 161a and can also pivot clockwise in response to pivoting of the articulating bed) and a second of the first plurality of selectively inflatable pivoting compartments 161b is configured to pivot in a second rotational direction (see Bosley, Figures 2-3 where the compartment 161b pivots towards the seam 123 in response to the inflation of the compartment 161b and can also pivot counter-clockwise in response to pivoting of the articulating bed).
Regarding claim 15, Bosley discloses the subject matter as discussed above with regard to claims 1-5 and 10-14. Bosley further discloses wherein the second rotational direction is the same as the first rotational direction see (Bosley, Figures 2-3 where the compartments 161a and 161b both pivot towards the seam 123 in response to the inflation of the compartments 161a and 161b).
Regarding claim 16 Bosley discloses the subject matter as discussed above with regard to claims 1-5 and 10-14. Bosley further discloses wherein the second rotational direction is different from the first rotational direction (see Bosley, Figures 2-3 where the compartment 161a can pivot clockwise in response to pivoting of the articulating bed and where the compartment 161b can pivot counter-clockwise in response to pivoting of the articulating bed).
Regarding claim 17, Bosley discloses the subject matter as discussed above with regard to claims 1-5 and 10-14. Bosley further discloses wherein the second rotational direction is opposite the first rotational direction (see Bosley, Figures 2-3 where the compartment 161a can pivot clockwise in response to pivoting of the articulating bed and where the compartment 161b can pivot counter-clockwise in response to pivoting of the articulating bed).
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 6 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bosley in view of Kanzler (U.S. Patent No. 4,941,221).
Regarding claim 6, Bosley discloses the subject matter as discussed above with regard to claims 1 and 5. Bosley does not disclose wherein the hinge is defined by a separation cut through the first flat, flexible sheet and the second flat, flexible sheet 39 extending around a portion of the respective first selectively inflatable pivoting element.
Kanzler (U.S. Patent No. 4,941,221) teaches wherein the hinge 60, 59, 57 is defined by a separation cut 43, 45, 47, 48, 49 through the first flat, flexible sheet and the second flat, flexible sheet extending around a portion of the respective first selectively inflatable pivoting element 51, 42, and 46 (Col. 4, line 44-Col. 5, line 19).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Bosley with Kanzler (both being directed to an inflatable patient turning assembly) such that the hinge is defined by a separation cut through the first flat, flexible sheet and the second flat, flexible sheet 39 extending around a portion of the respective first selectively inflatable pivoting element. One of ordinary skill in the art would have been motivated to do so because the separation cuts of Kanzler allow for the pivot angle and direction between adjacent pivoting elements to be adjusted (Col. 4, line 44-Col. 5, line 19).
Regarding claim 14, Bosley, as modified, discloses the subject matter as discussed above with regard to claims 1-6. Bosley, as modified, further discloses wherein a first of the first plurality of selectively inflatable pivoting compartments 161a is configured to pivot in a first rotational direction (see Bosley, Figures 2-3 where the compartment 161a pivots towards the seam 123 in response to the inflation of the compartment 161a and can also pivot clockwise in response to pivoting of the articulating bed) and a second of the first plurality of selectively inflatable pivoting compartments 161b is configured to pivot in a second rotational direction (see Bosley, Figures 2-3 where the compartment 161b pivots towards the seam 123 in response to the inflation of the compartment 161b and can also pivot counter-clockwise in response to pivoting of the articulating bed).
Regarding claim 15, Bosley, as modified, discloses the subject matter as discussed above with regard to claims 1-6 and 14. Bosley, as modified, further discloses wherein the second rotational direction is the same as the first rotational direction see (Bosley, Figures 2-3 where the compartments 161a and 161b both pivot towards the seam 123 in response to the inflation of the compartments 161a and 161b).
Regarding claim 16, Bosley, as modified, discloses the subject matter as discussed above with regard to claims 1-6 and 14. Bosley, as modified, further discloses wherein the second rotational direction is different from the first rotational direction (see Bosley, Figures 2-3 where the compartment 161a can pivot clockwise in response to pivoting of the articulating bed and where the compartment 161b can pivot counter-clockwise in response to pivoting of the articulating bed).
Regarding claim 17, Bosley, as modified, discloses the subject matter as discussed above with regard to claims 1-6 and 14. Bosley, as modified, further discloses wherein the second rotational direction is opposite the first rotational direction (see Bosley, Figures 2-3 where the compartment 161a can pivot clockwise in response to pivoting of the articulating bed and where the compartment 161b can pivot counter-clockwise in response to pivoting of the articulating bed).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Bosley in view of Genaro (U.S. Publication No. 2008/0120780).
Regarding claim 18, Bosley discloses the subject matter as discussed above with regard to claim 1. Bosley does not disclose a plurality of anchor zones, wherein at least one selectively inflatable pivoting compartment extends from a first of the plurality of anchor zones to a second of the plurality of anchor zones.
Genaro teaches a plurality of anchor zones 160, 355, wherein at least one selectively inflatable pivoting compartment 50 extends from a first of the plurality of anchor zones 160, 355 to a second of the plurality of anchor zones 160, 355 (the first plurality defined by the straps positioned on the right of the patient support and the second plurality defined by the straps positioned on the left of the patient support, Figures 1A-B and paragraphs 0112-0113).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Bosley with Genaro (both being directed to an inflatable patient turning assembly) and arrived at a plurality of anchor zones, wherein at least one selectively inflatable pivoting compartment extends from a first of the plurality of anchor zones to a second of the plurality of anchor zones. One of ordinary skill in the art would have been motivated to do so because the straps of Genaro secure the inflatable apparatus in place on a variety of patient supports (paragraph 0112).
Regarding claim 19, Bosley, as modified, discloses the subject matter as discussed above with regard to claims 1 and 18. Bosley, as modified, further discloses at least one anchor strap 160 configured to attach the support surface overlay 10 to an underlying support surface (see Genaro, paragraph 0112), wherein the at least one anchor strap 116 is configured to apply tension to a corresponding anchor zone (Figures 1A-B and paragraphs 0112-0113, where any pulling on the straps 116 or 355 would result in tension being applied to the area to which the straps are connected).
Allowable Subject Matter
Claims 7-9 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 following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, Bosley discloses the subject matter as discussed above with regard to claim 1. Bosley does not disclose wherein at least a portion of the second flat, flexible sheet defining at least one selectively inflatable pivoting element of the first plurality of selectively inflatable pivoting elements is configured to stretch to a greater degree than another portion of the second flat, flexible sheet adjacent to the at least one selectively inflatable pivoting element of the first plurality of selectively inflatable pivoting elements.
James (U.S. Patent No. 6,085,372) is cited as being of interest for teaching wherein at least a portion of the second flat, flexible sheet 62 defining at least one selectively inflatable pivoting element 44 of the first plurality of selectively inflatable pivoting elements is configured to stretch to a greater degree than a portion of the first flat, flexible sheet 58 adjacent to the at least one selectively inflatable pivoting element 44 of the first plurality of selectively inflatable pivoting elements 44 (Figure 4 and Col. 4, lines 9-18). This feature of the first and second sheets of James allows for the tops of the selectively inflatable pivoting elements to form a semi-cylindrical shape while the bottoms stay flat against a patient support surface (Figure 4).
While James does teach a portion of each selectively inflatable pivoting element being configured to stretch to a greater degree than another portion of the same selectively inflatable pivoting elements, claim 7 requires that portions of the one sheet (the second flat, flexible sheet) to be able to stretch to a greater degree than other portions of that same sheet. As such, there is no disclosure, teaching, or suggestion in the prior art of record such that a rejection of claim 7 may be reasonably maintained. Claims 8-9 are additionally objected to by virtue of their dependence from claim 7. Claims 14-17, in the instances when they depend from any of claims 7-9 would additionally be allowable by virtue of their dependence from claim 7, however it is noted that claims 14-17 are rejected above when dependent from any of claims 1-6 and 10-13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following prior art all disclose a patient support comprising inflatable pivoting supports:
Garret (U.S. Publication No. 2018/0280219)
Mohandas (U.S. Publication No. 2022/0023124)
Lafleche (U.S. Publication No. 2019/0231624)
Kurt (U.S. Publication No. 2021/0077327)
Wortman (U.S. Patent No. 5,794,289)
Haas (U.S. Patent No. 6,119,292)
Collymore (U.S. Patent No. 6,298,511)
Shams (Patent Publication No. WO 2021/250446 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679