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 .
Election/Restrictions
Applicant’s election of Species IX, Group I in the reply filed on 03 March 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 30 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species/invention, there being no allowable generic or linking claim.
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.
Claim(s) 11-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US 2003/0070235).
In Reference to Claim 11
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner below)
Suzuki et al. (Suzuki) discloses:
A blower assembly for a patient support apparatus (See Suzuki, Abstract), comprising:
a blower housing (1) having a base (A) that forms a vacuum chamber (B) and a top cover (15) sealed to the base (A) to create a pressurized chamber (C),
a blower having an inlet (12) and an outlet (5,5a), the inlet (12) sealed to the vacuum chamber (B), the outlet (5,5a) in flow communication with the pressurized chamber (C), and
a pair of inlets (2) in flow communication with the vacuum chamber (B).
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In Reference to Claim 12
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower housing (1) is positioned in a foot end of the patient support apparatus (9). (See Suzuki, Paragraph [0026]).
In Reference to Claim 13
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower housing (1) is external to the patient support apparatus (9) and includes a hose coupling (17,19) the blower housing (1) to a manifold of the patient support apparatus (9). (See Suzuki, Paragraph [0019]).
In Reference to Claim 14
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein each pair of inlets (2) comprises:
An intake (2) extending into an inlet cavity (D);
A ridge (12a,12b) formed at a bottom of the intake to prevent direct fluid intrusion into the cavity (D).
The Examiner notes that each cavity includes a portion of the inlet location noted as (D) and ridges (12a,12b) are formed across the cavities and are capable of preventing direct intrusion into the cavities.
In Reference to Claim 15
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the ridge (12a,12b) covers a portion of the intake (2).
In Reference to Claim 16
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the intake (2) of the blower is sealed to the vacuum chamber (B).
In Reference to Claim 17
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Further comprising an outlet (shuttered opening at 7,8) formed in the top cover (15), the outlet releasing the air flow from the pressurized chamber (C) to a manifold of the patient support apparatus (9). (See Suzuki, Paragraph [0019]).
In Reference to Claim 18
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower increases speed to maintain pressure when an inlet of the blower housing (1) is blocked.
Suzuki discloses all of the structural limitations of claim 18, as best understood by Examiner. As all of the structural limitations are disclosed, “wherein the blower increases speed to maintain pressure when an inlet of the blower housing is blocked” is capable of being executed. The recitation of the intended use of a claimed invention must result in a structural difference between the claimed invention as the prior art to patentably distinguish the claimed invention from the prior art. As Suzuki is capable of performing the intended use of the claimed invention, and the recitation of the intended use does not result in a structural difference, Suzuki discloses all of the limitations of claim 18.
In Reference to Claim 19
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower decreases speed to maintain pressure when an outlet of the blower housing (1) is blocked.
Suzuki discloses all of the structural limitations of claim 19, as best understood by Examiner. As all of the structural limitations are disclosed, “wherein the blower decreases speed to maintain pressure when an outlet of the blower housing is blocked” is capable of being executed. The recitation of the intended use of a claimed invention must result in a structural difference between the claimed invention as the prior art to patentably distinguish the claimed invention from the prior art. As Suzuki is capable of performing the intended use of the claimed invention, and the recitation of the intended use does not result in a structural difference, Suzuki discloses all of the limitations of claim 19.
In Reference to Claim 20
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner below)
Suzuki discloses:
A blower assembly for a patient support apparatus, comprising:
a blower housing (1) having a base (A) that forms a vacuum chamber (B) and a cover (15) sealed to the base (A) to create a pressurized chamber (C),
a blower (13) having a first opening (12) and a second opening (5,5a), the first opening (12) coupled to the vacuum chamber (B), the second opening (5,5a) in flow communication with the pressurized chamber (C), and
a pair of inlets (2) in flow communication with the vacuum chamber (B) wherein at least one of the pair of inlets (2) includes an intake extending into an inlet cavity (D).
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In Reference to Claim 21
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower housing (1) is positioned in a foot end of the patient support apparatus (9). (See Suzuki, Paragraph [0026]).
In Reference to Claim 22
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower housing (1) is external to the patient support apparatus (9).
In Reference to Claim 23
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower housing (1) includes a hose coupling (17,19) the blower housing (1) to a manifold of the patient support apparatus (9). (See Suzuki, Paragraph [0019]).
In Reference to Claim 24
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein at least one of the pair of inlets (2) includes a ridge (12a,12b) formed at a bottom of the intake to prevent direct fluid intrusion into the cavity (D).
The Examiner notes that each cavity includes a portion of the inlet location noted as (D) and ridges (12a,12b) are formed across the cavities and are capable of preventing direct intrusion into the cavities.
In Reference to Claim 25
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the ridge (12a,12b) covers a portion of the intake (2).
In Reference to Claim 26
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the intake (2) of the blower is sealed to the vacuum chamber (B).
In Reference to Claim 27
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Further comprising an outlet (shuttered opening at 7,8) formed in the top cover (15), the outlet releasing the air flow from the pressurized chamber (C) to a manifold of the patient support apparatus (9). (See Suzuki, Paragraph [0019]).
In Reference to Claim 28
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower increases speed to maintain pressure when an inlet of the blower housing (1) is blocked.
Suzuki discloses all of the structural limitations of claim 18, as best understood by Examiner. As all of the structural limitations are disclosed, “wherein the blower increases speed to maintain pressure when an inlet of the blower housing is blocked” is capable of being executed. The recitation of the intended use of a claimed invention must result in a structural difference between the claimed invention as the prior art to patentably distinguish the claimed invention from the prior art. As Suzuki is capable of performing the intended use of the claimed invention, and the recitation of the intended use does not result in a structural difference, Suzuki discloses all of the limitations of claim 18.
In Reference to Claim 29
(See Suzuki, Figures 1 and 3-6, and Figure 2 as annotated by Examiner above)
Suzuki discloses:
Wherein the blower decreases speed to maintain pressure when an outlet of the blower housing (1) is blocked.
Suzuki discloses all of the structural limitations of claim 19, as best understood by Examiner. As all of the structural limitations are disclosed, “wherein the blower decreases speed to maintain pressure when an outlet of the blower housing is blocked” is capable of being executed. The recitation of the intended use of a claimed invention must result in a structural difference between the claimed invention as the prior art to patentably distinguish the claimed invention from the prior art. As Suzuki is capable of performing the intended use of the claimed invention, and the recitation of the intended use does not result in a structural difference, Suzuki discloses all of the limitations of claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brykalski, Carreon, Helmenstein, Brykalski’911, Lofy, Rand, Yonkers, Grabinger, Lofy’524, Rand’910, and Cole show devices within the general state of the art of invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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