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 .
Notice to Applicant
Claims 1-20 have been examined in this application. This communication is the first action on the merits of these claims.
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 4, 9, 11, 16, 18, 20 are 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.
Claim 4 recites the limitation "the panel" in line 1. There is insufficient antecedent basis for this limitation in the claim. Furthermore, the phrase "at least one equivalent structure" renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "equivalent structure"), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d). Is anything that can be used to retain something an equivalent structure? Such a limitation is so broad that it would be impossible to ascertain the scope of the limitation. Or does there have to be something else to be equivalent to the disclosed magnetic portions, shelves, folders, or cubbies?
The term “at least partially waterproof” in claims 9, 18, and 20 is a relative term which renders the claim indefinite. The term “at least partially waterproof” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how much of the system needs to be waterproof to be considered at least partially waterproof. Furthermore, the phrase "or an equivalent feature" renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d). Is any feature that renders any part of the system at least partially waterproof an equivalent feature? Such a limitation is so broad that it would be impossible to ascertain the scope of the limitation. Or does there to be more in common with shieldings and coatings?
The term “other items common to the medical profession” in claim 11 renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "other items"), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d). It is not clear how much an item needs to be used for it to be considered common to the medical profession, and ways to retain different items, as recited by the claim, can vary wildly depending on the item.
The phrase "at least one equivalent structure" in line 16 renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "equivalent structure"), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d). Is anything that can be used to retain something an equivalent structure? Such a limitation is so broad that it would be impossible to ascertain the scope of the limitation. Or does there have to be something else to be equivalent to the disclosed magnetic portions, shelves, folders, or cubbies?
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 1 are rejected under 35 USC 103 as being obvious over EP 2586298 by Arakawa in view of US Patent Number 8,574,042 to Sloan.
Regarding claim 1, Arakawa discloses a gantry system for an animal, comprising:
A frame assembly comprising a first support member and second support member defining a space for an animal therebetween (columns 4), the first support member and the second support member comprising substantially vertical members comprising an upper end and a lower end and a length extending therebetween (see Figure 1), wherein at least one of the first support member and the second support member comprises a channel operable to receive at least one additional component of the system (see channel for wire 10 in Figure 3);
A basal member provided proximal to the lower end of each support member (base portions 4a);
A crossmember provided proximal to the upper end of each support member (beam portion 5);
A handle in communication with at least a portion of the frame assembly (correction bar 34 can be used as a handle);
A plurality of wheels coupled to the basal member (wheels 6);
A winch assembly comprising an actuator (21a, 21b, 22) and a cable retractably extendable from the winch assembly (wire 10) operable to support at least a portion of a weight of an animal provided within the space (paragraph 41 discloses “When the moving pulley 22 is moved up and down, the wire 10 supporting the weight of the dog D moves up and down”);
A quick release clip removably securable to the cable (see clip between wire 10 and intermediate wire 19 in Figures 1 and 3); and
A lifting member (support bar 9).
Arakawa does not disclose an on-board power supply, a control system, the in actuator being in communication with the on-board power supply. However, these limitations are taught by Sloan. Sloan discloses a lift system for animals with an on board power supply and an actuator being in communication with the on-board power supply (column 4, lines 31-33 disclose “Illustrative examples of the driver 52 include a winch driven by an electric or gas-powered motor”), a control system (column 4, lines 35-38 disclose “Operation of the driver 52 can optionally be controlled via a wired or wireless remote control 54 that includes at least one of an up button, down button, and a stop button to control operation of the driver 52 as desired”). It would be obvious to a person having ordinary skill in the art to modify Arakawa using the teachings from Sloan in order to use a powered lift to provide lifting force to the pulley system.
Regarding claim 2 (dependent on claim 1), Arakawa discloses the at least one additional component of the system comprises at least one of a cable, wire, cord, link, or line connecting at least two elements defined herein (wire 10).
Regarding claim 3 (dependent on claim 1), Arakawa does not disclose the plurality of wheels further comprises at least one wheel vibration dampener. However, the examiner takes official notice that the use of wheel vibration dampeners for wheels is notoriously well-known, and that it would be obvious to a person having ordinary skill in the art to modify Arakawa to use wheel vibration dampeners in order to make wheel movements quieter and smoother.
Regarding claim 4 (dependent on claim 1), Sloan, as best understood, further teaches the panel further comprises at least one retainment element, such as a magnetic portion, shelves, folders, cubbies, or at least one equivalent structure. Figure 2 shows mounting plate 50 having apertures or other fastening features.
Regarding claim 5 (dependent on claim 1), Arakawa discloses the crossmember further comprises a removably fastenable vibration dampener proximal to the winch assembly. Figures 1 and 3 shows shock absorber 24 being mounted on the cross member proximal to the winch assembly.
Arakawa does not disclose the vibration dampener being removably fastenable. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the shock absorber removable in order to make it easier to perform maintenance or to replace, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 6 (dependent on claim 1), Sloan further teaches the actuator further comprises a removably securable actuator switch that is in direct, wired communication or indirect, wireless communication with the winch assembly and is capable of altering the location of and support provided by the retractably extendable cable. Column 4, lines 35-38 disclose “Operation of the driver 52 can optionally be controlled via a wired or wireless remote control 54 that includes at least one of an up button, down button, and a stop button to control operation of the driver 52 as desired”.
Regarding claim 7 (dependent on claim 1), Sloan does not disclose explicitly disclose the on-board power supply further comprises a battery assembly comprising a rechargeable battery having a battery port and a battery bracket. However, column 4, lines 31-33 disclose “Illustrative examples of the driver 52 include a winch driven by an electric or gas-powered motor”. It would be obvious to a person having ordinary skill in the art to use a battery to power an electric motor, and it would furthermore be obvious to use well-known types of batteries such as a rechargeable battery having a battery port and to use a battery bracket to hold the battery.
Regarding claim 8 (dependent on claim 1), Sloan discloses the control system further comprises a user interface coupled with at least one control unit including at least one of a transmitter or receiver. Column 4, lines 35-38 disclose “Operation of the driver 52 can optionally be controlled via a wired or wireless remote control 54”.
Regarding claim 9 (dependent on claim 1), Arakawa, as best understood, discloses the gantry system's components are at least partially waterproof, via shieldings, coatings, or an equivalent feature, such that the system can be utilized in water therapy or for aquatic animals. The closed portions of the columns 4, base portions 4a, and beam portion 5 comprise a feature that makes those portions of the frame waterproof.
Regarding claim 10 (dependent on claim 1), Arakawa does not disclose the control system further comprises at least one sensor capable of completing at least one of the recognition, determination, and reporting of various operational, physical, or environmental parameters proximal to the system. However, the examiner takes official notice that the use of sensors to measure parameters such as weight on a pulley, charge of a battery, etc. are notoriously well-known in the art, and that it would be obvious to a person having ordinary skill in the art to modify Arakawa to use such sensors in order to better monitor the different components of the machine during use in order to provide the user with more data or to detect errors or faults before they happen.
Claims 11 are rejected under 35 USC 103 as being obvious over EP 2586298 by Arakawa in view of US Patent Number 8,574,042 to Sloan and US Patent Number 7,234,686 to Stone.
Regarding claim 11, Arakawa discloses a gantry system for an animal, comprising:
A frame assembly comprising a first support member and second support member defining a space for an animal therebetween (columns 4), the first support member and the second support member comprising substantially vertical members comprising an upper end and a lower end and a length extending therebetween (see Figure 1), wherein at least one of the first support member and the second support member comprises a channel operable to receive at least one additional component of the system (see channel for wire 10 in Figure 3);
At least one basal member provided proximal to the lower end of each support member (base portions 4a);
A crossmember provided proximal to the upper end of each support member (beam portion 5);
A handle in communication with at least a portion of the frame assembly (correction bar 34 can be used as a handle);
A plurality of lockable wheels coupled to the basal member (wheels 6 can be locked in place by wedge stops), wherein each wheel is movable in either a mono-axial or poly-axial direction (see wheels in Figure 1);
A winch assembly comprising an actuator (21a, 21b, 22) and a cable retractably extendable from the winch assembly (wire 10) operable to support at least a portion of a weight of an animal provided within the space (paragraph 41 discloses “When the moving pulley 22 is moved up and down, the wire 10 supporting the weight of the dog D moves up and down”);
A quick release clip removably securable to the cable (see clip between wire 10 and intermediate wire 19 in Figures 1 and 3); and
A lifting member (support bar 9) disposed distal to the crossmember and removably couplable to at least one of the cable and the quick release clip (Figures 1 and 3 show support bar 9 being removably coupled to the clip by intermediate wire 19).
Arakawa does not disclose an on-board power supply, a control system, the in actuator being in communication with the on-board power supply, a panel securable to at least one side of the frame assembly, configured to retain medical devices, documents, or other items common to the medical profession. However, these limitations are taught by Sloan. Sloan discloses a lift system for animals with an on board power supply and an actuator being in communication with the on-board power supply (column 4, lines 31-33 disclose “Illustrative examples of the driver 52 include a winch driven by an electric or gas-powered motor”), a control system (column 4, lines 35-38 disclose “Operation of the driver 52 can optionally be controlled via a wired or wireless remote control 54 that includes at least one of an up button, down button, and a stop button to control operation of the driver 52 as desired”), and panel 42 securable to at least one side of the frame assembly. Furthermore, panel 42 can be configured to retain medical devices, documents, or other items by various methods such as with tape. It would be obvious to a person having ordinary skill in the art to modify Arakawa using the teachings from Sloan in order to use a powered lift to provide lifting force to the pulley system.
Arakawa does not disclose a cleat mount and a cleat operable to receive the cable from the winch bracket wherein the cleat is operable as a safety device to slow or halt the cable’s motion. However, this limitation is taught by Stone. Stone discloses a frame and pulley system to elevate an article off the floor with a cleat 170 that receives line 16 from a winch in order to prevent slippage of the line through the cleats in the reverse direction. It would be obvious to a person having ordinary skill in the art to modify Arakawa using the teachings from Stone in order to prevent the line 10 from slipping through the pulleys and dropping the animal.
Regarding claim 12 (dependent on claim 11), Arakawa discloses the at least one additional component of the system comprises at least one of a cable, wire, cord, link, or line connecting at least two elements defined herein (wire 10).
Regarding claim 13 (dependent on claim 11), Arakawa discloses the actuator is a manual mechanical device such that the winch is capable of lifting, supporting, or unweighting at least a portion of an animal once physically worked upon by a user. Paragraphs 40-42 describes the manual operation of handle 26 to raise and lower wire 10.
Regarding claim 14 (dependent on claim 11), Sloan further teaches an on-board power supply and control system, wherein the actuator is an electric mechanical device such that the winch is capable of lifting, supporting, or unweighting at least a portion of an animal upon a user's application of power and control. Column 4, lines 31-33 disclose “Illustrative examples of the driver 52 include a winch driven by an electric or gas-powered motor” and lines 35-38 disclose “Operation of the driver 52 can optionally be controlled via a wired or wireless remote control 54 that includes at least one of an up button, down button, and a stop button to control operation of the driver 52 as desired”.
Regarding claim 15 (dependent on claim 14), Sloan does not disclose explicitly disclose the on-board power supply further comprises a battery assembly comprising a rechargeable battery having a battery port and a battery bracket. However, column 4, lines 31-33 disclose “Illustrative examples of the driver 52 include a winch driven by an electric or gas-powered motor”. It would be obvious to a person having ordinary skill in the art to use a battery to power an electric motor, and it would furthermore be obvious to use well-known types of batteries such as a rechargeable battery having a battery port and to use a battery bracket to hold the battery.
Regarding claim 16 (dependent on claim 11), Arakawa and Sloan do not disclose the panel further comprises at least one retainment element, such as a magnetic portion, a shelf, a folder, a cubby, or at least one equivalent structure. However, the examiner takes official notice that attaching retainment elements to veterinary devices is well-known in the art to place or store items, and that it would be obvious to a person having ordinary skill in the art to modify Arakawa and Sloan to add retainment elements in order to keep relevant documents for the animal nearby.
Regarding claim 17 (dependent on claim 11), Arakawa does not disclose the plurality of lockable wheels further comprises at least one wheel vibration dampener. However, the examiner takes official notice that the use of wheel vibration dampeners for wheels is notoriously well-known, and that it would be obvious to a person having ordinary skill in the art to modify Arakawa to use wheel vibration dampeners in order to make wheel movements quieter and smoother.
Regarding claims 18 (dependent on claim 11) and 20 (dependent on claim 19), Arakawa, as best understood, discloses the gantry system's components are at least partially waterproof, via shieldings, coatings, or an equivalent feature, such that the system can be utilized in water therapy or for aquatic animals. The closed portions of the columns 4, base portions 4a, and beam portion 5 comprise a feature that makes those portions of the frame waterproof.
Regarding claim 19, Arakawa discloses a gantry system for an animal, comprising:
A frame assembly comprising at least a first and second support member defining a space for an animal therebetween (columns 4), wherein each support member is substantially vertical, comprises an upper end and a lower end and a length extending therebetween (see Figure 1), wherein at least one support member comprises a channel operable to receive at least one component of the system, such as a cable, wire, cord, link, or line, or an equivalent element connecting at least two elements defined herein (see channel for wire 10 in Figure 3);
At least one basal member provided proximal to the lower end of each support member (base portions 4a);
A crossmember provided proximal to the upper end of each support member (beam portion 5);
A handle in communication with at least a portion of the frame assembly (correction bar 34 can be used as a handle);
A plurality of lockable wheels coupled to the basal member (wheels 6 can be locked in place by wedge stops), wherein each wheel is movable in either a mono-axial or poly-axial direction (see wheels in Figure 1);
A winch assembly comprising an actuator (21a, 21b, 22) and a cable retractably extendable from the winch assembly (wire 10) operable to support or unweight at least a portion of a weight of an animal provided within the space (paragraph 41 discloses “When the moving pulley 22 is moved up and down, the wire 10 supporting the weight of the dog D moves up and down”);
A quick release clip removably securable to the cable (see clip between wire 10 and intermediate wire 19 in Figures 1 and 3); and
A lifting member (support bar 9) disposed distal to the crossmember and removably couplable to at least one of the cable and the quick release clip (Figures 1 and 3 show support bar 9 being removably coupled to the clip by intermediate wire 19).
Arakawa does not disclose an on-board power supply, a control system, the in actuator being in communication with the on-board power supply, a panel securable to at least one side of the frame assembly, configured to retain medical devices, documents, or other items common to the medical profession. However, these limitations are taught by Sloan. Sloan discloses a lift system for animals with an on board power supply and an actuator being in communication with the on-board power supply (column 4, lines 31-33 disclose “Illustrative examples of the driver 52 include a winch driven by an electric or gas-powered motor”), a control system comprising at least one of a user interface coupled with at least one of a control unit and a control panel (column 4, lines 35-38 disclose “Operation of the driver 52 can optionally be controlled via a wired or wireless remote control 54 that includes at least one of an up button, down button, and a stop button to control operation of the driver 52 as desired”), and panel 42 securable to at least one side of the frame assembly. Furthermore, panel 42 can be configured to retain medical devices, documents, or other items by various methods such as with tape. It would be obvious to a person having ordinary skill in the art to modify Arakawa using the teachings from Sloan in order to use a powered lift to provide lifting force to the pulley system.
Arakawa and Sloan do not disclose the panel further comprises at least one retainment element, such as a magnetic portion, a shelf, a folder, a cubby, or at least one equivalent structure. However, the examiner takes official notice that attaching retainment elements to veterinary devices is well-known in the art to place or store items, and that it would be obvious to a person having ordinary skill in the art to modify Arakawa and Sloan to add retainment elements in order to keep relevant documents for the animal nearby.
Sloan does not disclose explicitly disclose the on-board power supply further comprises a battery assembly comprising a rechargeable battery having a battery port and a battery bracket. However, column 4, lines 31-33 disclose “Illustrative examples of the driver 52 include a winch driven by an electric or gas-powered motor”. It would be obvious to a person having ordinary skill in the art to use a battery to power an electric motor, and it would furthermore be obvious to use well-known types of batteries such as a rechargeable battery having a battery port and to use a battery bracket to hold the battery.
Arakawa does not disclose a cleat mount and a cleat operable to receive the cable from the winch bracket wherein the cleat is operable as a safety device to slow or halt the cable’s motion. However, this limitation is taught by Stone. Stone discloses a frame and pulley system to elevate an article off the floor with a cleat 170 that receives line 16 from a winch in order to prevent slippage of the line through the cleats in the reverse direction. It would be obvious to a person having ordinary skill in the art to modify Arakawa using the teachings from Stone in order to prevent the line 10 from slipping through the pulleys and dropping the animal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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, Josh Michener can be reached at 571-272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642