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 .
Remarks
This communication is in response to Application No. 19/121,931 filed on 04/17/2025.
Claims 21-28, 30-31, 33-42 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/11/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “38” has been used to designate different portions. See annotated figure. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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.
Claim(s) 23 is/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 pre-AIA the applicant regards as the invention.
As to claim 23, the claim recites “the adapter void defines a step” which is indefinite as a ‘void’ is the absence of structure so it is unclear how a step is defined by the absence of structure.
NOTE: any prior art rejection provided below is made as best understood in view of the 35 U.S.C. 112(b) issues above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21, 22, 24, 28, 30, 33, 34, 35, 36, 37, 38, 39, 40, 41 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 5,636,394, hereinafter D1.
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As to claim 21.
D1 discloses a patient support apparatus (fig. 1) comprising:
a base assembly including:
a base frame (collectively 22 and 28);
a litter support coupler (header tube 37) including a mounting member (generally 42, see annotated figure 2); and
a lift mechanism (rack and pinion assembly 50) extending between the base frame (collectively 22 and 28) and the litter support coupler (header tube 37), the lift mechanism (rack and pinion assembly 50) configured to (note the phrase “configured to” is typically used to connect structure to a function, similar to the word “for.” “Configured to” (for) usually means the structure can perform the function with no additional modification therefore this recitation is interpreted as a functional recitation. While features of an apparatus may be recited either structurally or functionally; apparatus claims cover what a device is, not what a device does. MPEP 2114. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference) move the litter support coupler between a plurality of vertical configurations relative to the base frame (e.g. fig. 6);
a litter support adapter (sleeve 45) engaged with the mounting member (42); and
a litter assembly including:
a litter support structure (fig. 1 litter frame 29); and
a litter support receiver (channel 46) for coupling the litter assembly to the base assembly (fig. 2), the litter support receiver (channel 46) including a litter support brace (47) operatively attached to the litter support structure (fig. 1) and shaped for engagement with (fig. 2) the litter support adapter (sleeve 45) to couple the litter assembly to the base assembly (as in fig. 2).
As to claim 22.
D1 discloses wherein the litter support adapter (sleeve 45) defines an adapter void (defined by sleeve 45) configured to engage the mounting member (42) to couple the litter support adapter (sleeve 45) to the litter support coupler (header tube 37) .
As to claim 24.
D1 discloses wherein the mounting member (42) defines a mounting shaft (solid cylindrical boss 44) shaped for engagement (as in fig. 2) with the adapter void (defined by sleeve 45) to couple the litter support adapter (sleeve 45) to the litter support coupler (header tube 37) for pivoting movement relative to the litter support coupler (header tube 37) .
As to claim 28.
D1 discloses wherein the litter support structure (fig. 1) does not include a weigh system (none in fig. 2).
As to claim 30.
D1 discloses wherein the litter support structure (see annotated figure 2) comprises: an intermediate frame (30); and a patient support deck (32) operatively attached the intermediate frame (fig. 1), the patient support deck (32) defining a patient support surface for supporting a patient (col. 4, ln. 43+, support panel 32 mounted to the center of the frame 29 serves as the actual surface of the litter 14 for supporting a mattress and a patient); wherein the litter support brace (47) is operatively attached to the intermediate frame (fig. 2).
As to claim 33.
D1 discloses the base assembly extends between a head end and a foot end (opposing ends in fig. 1);
the lift mechanism (rack and pinion assembly 50) includes a head end lift subassembly (one of 16 in fig. 1) and a foot end lift subassembly (the other 16 in fig. 1); and
the litter support coupler (header tube 37) is further defined as:
a head end litter support coupler (header tube 37) operatively attached to the head end lift subassembly, and a foot end litter support coupler (header tube 32) operatively attached to the foot end lift subassembly (fig. 1).
As to claim 34.
D1 discloses wherein the lift mechanism (rack and pinion assembly 50) further comprises a head end actuator (one of 50 in fig. 1) operatively attached to the litter assembly and the head end lift subassembly to raise and lower the head end lift subassembly relative to the base frame (collectively 22 and 28).
As to claim 35.
D1 discloses wherein the base frame (collectively 22 and 28) defines a head end channel (see annotated figure 2) configured to (note the phrase “configured to” is typically used to connect structure to a function, similar to the word “for.” “Configured to” (for) usually means the structure can perform the function with no additional modification therefore this recitation is interpreted as a functional recitation. While features of an apparatus may be recited either structurally or functionally; apparatus claims cover what a device is, not what a device does. MPEP 2114. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference) receive the head end lift subassembly and guide the head end lift subassembly longitudinally along the base frame (collectively 22 and 28) as the head end lift subassembly moves (the fixed nature = guided as movement is not required) relative to the base frame (collectively 22 and 28).
As to claim 36.
D1 discloses wherein the lift mechanism (rack and pinion assembly 50) further comprises a foot end actuator (one of 50 in fig. 1) operatively attached to the litter assembly and the foot end lift subassembly to raise and lower the foot end lift subassembly relative to the base frame (collectively 22 and 28).
As to claim 37.
D1 discloses wherein the base frame (collectively 22 and 28) defines a foot end channel (see annotated figure 2) configured to (note the phrase “configured to” is typically used to connect structure to a function, similar to the word “for.” “Configured to” (for) usually means the structure can perform the function with no additional modification therefore this recitation is interpreted as a functional recitation. While features of an apparatus may be recited either structurally or functionally; apparatus claims cover what a device is, not what a device does. MPEP 2114. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference) receive the foot end lift subassembly and guide the foot end lift subassembly longitudinally along the base frame (collectively 22 and 28) as the foot end lift subassembly moves (the fixed nature = guided as movement is not required) relative to the base frame (collectively 22 and 28).
As to claim 38.
D1 discloses (Original) The patient support apparatus of claim 33, wherein the lift mechanism (rack and pinion assembly 50) further comprises a timing linkage extending between the head end lift subassembly and the base frame (collectively 22 and 28) to coordinate motion of the head end lift subassembly relative to the base frame (collectively 22 and 28).
As to claim 39.
D1 discloses wherein the lift mechanism (rack and pinion assembly 50) further comprises a timing linkage (foot actuated control as in fig. 5) extending between the foot end lift subassembly and the base frame (collectively 22 and 28) to coordinate motion of the foot end lift subassembly relative to the base frame (collectively 22 and 28).
As to claim 40.
D1 discloses wherein the litter support receiver (channel 46) is further defined as: a head end (this is an arbitrary designation, i.e. is not structurally distinctive, pick one of channels 46 and call it head/foot) litter support receiver (channel 46) configured to engage the head end litter support coupler (header tube 37) to couple the litter assembly to the base assembly; and a foot end (this is an arbitrary designation, i.e. is not structurally distinctive, pick one of channels 46 and call it head/foot) litter support receiver (channel 46) configured to engage the foot end litter support coupler (header tube 37) to couple the litter assembly to the base assembly.
As to claim 41.
D1 discloses the head end litter support receiver (channel 46) is further defined as a pair of head end litter support receivers (pair of channels 46 defined by 30 are spaced apart as in fig. 1) spaced laterally from each other;
the head end litter support coupler (header tube 37) is further defined as a pair of head end litter support couplers (pair of header tube 37) spaced laterally from each other (fig. 1); and
the pair of head end litter support receivers (pair of channels 46 defined by 30 are spaced apart as in fig. 1) are configured to engage the pair of head end litter support couplers (header tube 37) to couple the litter assembly to the base assembly (fig. 5).
As to claim 42.
D1 discloses the foot end litter support receiver (channel 46) is further defined as a pair of foot end litter support receiver s (pair of channels 46 defined by 30 are spaced apart as in fig. 1) spaced laterally from each other (fig. 1); the foot end litter support coupler (header tube 37) is further defined as a pair of foot end litter support couplers (pair of header tube 37) spaced laterally from each other (fig. 1); and the pair of foot end litter support receivers (pair of channels 46 defined by 30 are spaced apart as in fig. 1) are configured to engage the pair of foot end litter support couplers (header tube 37) to couple the litter assembly to the base assembly (fig. 5).
Allowable Subject Matter
Claims 25-27, and 31 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:
As to claim 25 the art of record does not disclose or fairly suggest a litter support brace extends from the litter support structure to a brace end and is coupled to the litter support adapter and it would not appear to that a rationale would exist to make such a modification to D1 as it would render D1 inoperable.
As to claim 31 the claim limitations are not taught or fairly suggested in the prior art to the degree that an obvious modification of D1 would be apparent to one of ordinary skill. This stems from the fact that D1 uses a load call arrangement and any addition of a frame would be predicated on hindsight. It would appear to be hindsight because a load cell arrangement as in D1 provides a simple solution and as such teaches away from what would be an arbitrary addition of structure.
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 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, SPE Justin 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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/J. T. Newton/Primary Examiner, Art Unit 3673 29 May 2026
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