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 .
Specification
The disclosure is objected to because of the following informalities: On page 1, in paragraph 0001, line 2: The phrase --and issued as U.S. Patent No. 12,233,007 on February 25, 2025-- should be inserted after the date “June 27, 2023”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman,
11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 and 15-20 of U.S. Patent No. 12,233,007 in view of U.S. Patent No. 2018/0280212 to Matheny et al. Claims 1-13 and 15-20 are considered to disclose all of the limitations as recited in claims 1-19 except for a first position where the shanks are arranged substantially parallel to the litter, a second position where the shanks are arranged at an oblique angle relative to the litter, and a third position where the shanks are arranged at a right angle relative to the litter. Matheny et al. ‘212 provides the basic teaching of a patient transport apparatus (30) comprising: a support structure (32) comprising a base (34), a support frame (36), and a litter (38) defining a patient support surface to support a patient (as shown in Figure 1 and as described on page 2, in paragraphs 0063 & 0064); and a handle assembly (106) arranged for engagement by a user (as shown in Figures 7-14 and as described on page 4, in paragraphs 0082 & 0083 and on page 5, in paragraphs 0083-0085), the handle assembly (106) including: a pair of guides (112, 114) operatively attached to the support structure (32) and
spaced laterally from each other, a pair of carriers (118) each supported by a respective one of the pair of guides (112, 114) and rotating relative to the pair of guides about a pivot axis (as shown in Figures 13-18 and as described on page 5, in paragraphs 0087 & 0088), and a pair of links each comprising a shank (108) supported by a respective one of the pair of carriers (118) (as shown in Figures 7-18 and as described on page 4, in paragraphs 0082 & 0083 and on page 5, in paragraphs 0083, 0085, 0087 & 0088); wherein the handle assembly (106) is movable between: a first position where the shanks (108) are arranged substantially parallel to the litter (38) (as shown either in Figure 9 or in Figure 10 and as described on page 5, in paragraph 0084), a second position where the shanks (108) are arranged at an oblique angle relative to the litter (38) (as shown either in Figure 8 or in Figure 12 and as described on page 4, in paragraph 0083 and on page 5, in paragraphs 0083 & 0085), and a third position where the shanks (108) are arranged at a right angle relative to the litter (38) (as shown in Figure 11 and as described on page 5, in paragraph 0084). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the patient transport apparatus disclosed in claims 1-13 and 15-20 of U.S. Patent No. 12,233,007 with the first, second and third positions of the shanks taught in Matheny et al. ‘212 with a reasonable expectation of success because this would have achieved the desirable result of “[making] it easier for different users to achieve more comfortable configurations for grasping [the handle assembly]” as taught by Matheny et al. ‘212 (page 5, paragraph 0083).
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, 3, 4 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matheny et al. ‘212. With respect to claim 1, Matheny et al. ‘212 shows the claimed limitations of a patient transport apparatus (30) comprising: a support structure (32) comprising a base (34), a support frame (36), and a litter (38) defining a patient support surface to support a patient (as shown in Figure 1 and as described on page 2, in paragraphs 0063 & 0064); and a handle assembly (106) arranged for engagement by a user (as shown in Figures 7-14 and as described on page 4, in paragraphs 0082 & 0083 and on page 5, in paragraphs 0083-0085), the handle assembly (106) including: a pair of guides (112, 114) operatively attached to the support structure (32) and spaced laterally from each other, a pair of carriers (118) each supported by a respective one of the pair of guides (112, 114) and rotating relative to the pair
of guides about a pivot axis (as shown in Figures 13-18 and as described on page 5, in paragraphs 0087 & 0088), and a pair of links each comprising a shank (108) supported by a respective one of the pair of carriers (118) (as shown in Figures 7-18 and as described on page 4, in paragraphs 0082 & 0083 and on page 5, in paragraphs 0083, 0085, 0087 & 0088); wherein the handle assembly (106) is movable between: a first position where the shanks (108) are arranged substantially parallel to the litter (38) (as shown either in Figure 9 or in Figure 10 and as described on page 5, in paragraph 0084), and a second position where the shanks (108) are arranged at an oblique angle relative to the litter (38) (as shown either in Figure 8 or in Figure 12 and as described on page 4, in paragraph 0083 and on page 5, in paragraphs 0083 & 0085).
With respect to claims 3 and 4, the reference shows the claimed limitations wherein the handle assembly (106) includes a housing operatively attached to the support structure and defining the pair of guides (112, 114), and wherein the housing includes an inner housing (112) and a pair of outer housings (i.e., the two sections of element 114 having different diameters as shown in Figures 17, 18 & 20) and wherein the pair of guides (112, 114) are spaced laterally from each other between the pair of outer housings (also as shown in Figures 13-16 & 19 and as described on page 5, in paragraphs 0087 & 0088).
With respect to claims 14-17, the reference shows the claimed limitations of a latch assembly (120) coupled to the litter (38) (via elements 36, 86 & 114) and engageable with the handle assembly (106) for limiting movement of the pair of links (108) relative to the litter, wherein the latch assembly (120) is selectively releasable to permit movement of the pair of links (108) (as shown in Figures 17-25 and as described on page 5, in paragraphs 0089-0092 and on page 6, in paragraphs 0092-0093); wherein the latch assembly (120) includes a first locking element (130), wherein the handle assembly (106) comprises a second locking element (134), and wherein movement of the shanks (108) of the pair of links into the first position engages the second locking element (134) with the first locking element (130) (as shown in Figure 24 and as described on page 5, in paragraph 0094); wherein the latch assembly includes a manual actuator (126) arranged for manual actuation to release the first locking element (130) from the second locking element (134) to permit movement of the pair of links (108) relative to the litter (38) (as shown in Figures 17-19 & 24 and as described on page 5, in paragraph 0092 and on page 6, in paragraphs 0092-0094 & 0097); and wherein the shanks of the pair of links (108) are supported by the pair of carriers (118) for movement from the second position (as shown either in Figure 8 or in Figure 12) into a third position where the shanks (108) are arranged at a right angle relative to the litter (38) (as shown in Figure 11 and as described on page 5, in paragraph 0084).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: Desjardins et al. ‘435, Brubaker ‘094 and Brubaker ‘981.
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