DETAILED ACTION
This is a Non-Final Rejection for Application 19/126,789 filed May 2, 2025. This application is a 371 of PCT/NZ2023/050121 filed on November 2, 2023 which claims priority to Foreign Application NZ794042 filed November 2, 2022. Claims 1-2, 4, 9, 11-12, 14, 18-22, 27, 29-32 and 34-36 are currently pending.
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 Rejections - 35 USC § 112(b)
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 30 is 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 30 recites the limitation "the mechanical advantage" and “the frictional efficiency” in lines 3-5. There is insufficient antecedent basis for this limitation in the claim. A mechanical advantage and frictional efficiency are not previously recited so it is unclear what the mechanical advantage and frictional efficiency are limiting.
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.
Claim(s) 1-2, 4, 9, 11-12, 14, 18-22, 27, 29-31 and 34-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0185226 (Rydstrom et al.) in view of US 2014/0364786 (Haider et al.).
Regarding claim 1, Rydstrom discloses a friction-lift torso harness for patient handling, the patient handling including raising and lowering a seated patient between a seated position and a raised activity position by lifting said friction-lift torso harness with a patient lift hoist (Rydstrom teaches a subject support apparatus 100 as shown in Figs. 1-10. The apparatus 100 is a harness that is capable of raising and lowering a seated patient between a seated position and a raised activity position by lifting the apparatus 100 with overhead structure 12.), said friction-lift torso harness including:
- a tensioning mechanism, including at least one tensioning strand ([0033] – “In embodiments, the free ends 119a, 119b of the loop strap 116 are crossed across the back of the subject 10. In other words, when the torso panel 112 is wrapped around the torso of the subject 10, free end 119a is passed through ring 122b and free end 119b is passed through ring 122a to adjustably secure the torso panel 112 around the torso of the subject 10, as depicted in FIG. 2.” Loop straps 116 are interpreted as tensioning strands and components of a tensioning mechanism.); and
- one or more torso-engagement sections coupled to said tensioning mechanism (Torso panel 112 is interpreted as a torso-engagement section and is coupled to the loop straps 116.);
wherein, during at least part of the raising of a patient wearing said friction-lift torso harness, said friction-lift torso harness is configured to apply a compressive force to the patient's torso above the patient's hips, between at least two opposing exterior torso portions (As shown in Fig. 2, the loop straps 116 pass through rings 122a,b and cross the back of the subject. This makes the apparatus configured to apply a compressive force to the patient torso above the patient's hips, between at least two opposing exterior torso portions during at least part of the raising of a patient wearing the apparatus 100 since the loop straps 116 will pull the torso panel tight around the subject when tension is applied to the loop straps.);
wherein the compressive force is applied with said tensioning mechanism via said one or more torso-engagement sections (Compressive force is applied with the loop straps 116 and the rings 122a,b via the torso panel 112.); and
wherein the compressive force applied by said tensioning mechanism is proportional to the patient's weight being contemporaneously applied to the patient lift hoist (The compressive force applied to the subject is proportional to the patient’s weight being contemporaneously applied to the overhead structure 12 since the compressive force is being applied via the loop straps 116 which are tensioned by the patient’s weight.).
Rydstrom does not disclose wherein said tensioning mechanism includes a pulley system with at least one rotatable pulley, said at least one tensioning strand passing about said at least one rotatable pulley.
However, Haider discloses a lumbar brace comprising left and right belt sections 12, 14 with left and right pulley-cord-bearing plates 20, 22 with pulleys coupled by a cord 23. See Fig. 2 and [0027]. The left and right belt sections 12, 14 are analogous to the torso panel 112 of Rydstrom and the cord 23 is analogous to the loop straps 116. Additionally, the pulleys serve a similar function to the rings 122a,b of Rydstrom in that the direct the cord 23 to cross the back of the user. Haider teaches wherein said tensioning mechanism includes a pulley system with at least one rotatable pulley, said at least one tensioning strand passing about said at least one rotatable pulley (The tensioning mechanism of Haider comprises a pulley-cord system with multiple pulleys and a cord 23 passing about the pulleys. See Fig. 2.).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the torso panel 112 to include a pulley system replacing the rings 122a,b as taught by Haider. A skilled artisan would have been motivated to do so because Haider teaches that the conventional pulley-cord-tightening system provides an easy to use "one size fits all" lumbar support system ([0042]). Additionally, pulleys are known to provide a mechanical advantage that allows for less input force by the user to achieve higher output force. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to adjustable belts encircling the lumbar region of a user.
Regarding claim 2, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 1.
Rydstrom in view of Haider, as modified above, does not disclose wherein said tensioning mechanism includes at least one spreader set, wherein said spreader set includes a pair of mutually opposed spreader bars, one of said spreader bars being reversibly movable towards, and away from, the other spreader bar of said pair.
However, Haider further discloses left and right pulley-cord-bearing plates 20, 22. Haider teaches said tensioning mechanism includes at least one spreader set, wherein said spreader set includes a pair of mutually opposed spreader bars, one of said spreader bars being reversibly movable towards, and away from, the other spreader bar of said pair (The plates 20, 22 are a pair of mutually opposed spreader bars and a reversibly movable towards, and away from, the other spreader bar.).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the torso panel 112 to include left and right pulley-cord-bearing plates as taught by Haider. A skilled artisan would have been motivated to do so because Haider teaches that the plates provide a coupling location for the pulleys ([0027]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to adjustable belts encircling the lumbar region of a user.
Regarding claim 4, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 2, wherein said pulley system includes said at least one rotatable pulley mounted on, or operatively connected to, at least one of said spreader bars (In view of the modifications made in response to claim 2, the left and right pulley-cord-bearing plates 20, 22 include the pulleys mounted thereon.).
Regarding claim 9, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 1, wherein said one or more torso-engagement sections include a pair of torso-engagement sections that are formed as a harness band, wherein said pair of torso-engagement sections are connectable together via a pair of separate connections, wherein said separate connections are provided by a releasable fastening and said tensioning mechanism, respectively ([0037] – “in the embodiment depicted in FIG. 3B, the torso panel 112 is in two parts. Specifically, in this embodiment the torso panel 112 includes a first portion 115 and a second portion 117.” [0038] – “The loop strap 116a and the central strap 118a are coupled to the corresponding loop strap 116b and central strap 118b, respectively, using buckles 123. In various embodiments, the buckles 123 may include a buckle and clip fastener, as depicted in FIG. 3B.” The first portion 115 and second portion 117 of the torso panel 112 are interpreted as a pair of torso-engagement sections while the buckles 123 are interpreted as a pair of releasable fasteners.).
Regarding claim 11, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 9, wherein said torso harness is configured so that when said torso harness is fitted to the patient, said harness band and attached tensioning mechanism collectively at least partially encircle the patient’s torso between the patient’s 5th and 10th ribs (The torso panel 112 is capable of being placed to at least partially encircle the patient between the patient’s 5th and 10th ribs. See Figs. 1-2.).
Regarding claim 12, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 9, wherein said tensioning mechanism is attached between separate portions of said pair of torso-engagement sections of said harness band (As modified in the response to claim 2, the loop strap 116 attach between the first and second portions 115, 117 via the pulleys.).
Regarding claim 14, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 9.
Rydstrom in view of Haider, as modified above, does not disclose a spreader set with at least two spreader bars, at least one of said spreader bars being formed as: an elongate bar, attached to a portion of the harness band, or a rigid, semi-rigid, or stiffened portion of said harness band.
However, Haider further discloses left and right pulley-cord-bearing plates 20, 22. Haider teaches a spreader set with at least two spreader bars, at least one of said spreader bars being formed as: an elongate bar, attached to a portion of the harness band, or a rigid, semi-rigid, or stiffened portion of said harness band (The plates 20, 22 are a pair of mutually opposed spreader bars and are in the form of an elongate bar, attached to a portion of a harness band.).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the torso panel 112 to include left and right pulley-cord-bearing plates as taught by Haider. A skilled artisan would have been motivated to do so because Haider teaches that the plates provide a coupling location for the pulleys ([0027]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to adjustable belts encircling the lumbar region of a user.
Regarding claim 18, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 1.
Rydstrom in view of Haider, as modified above, does not disclose a bridge panel member.
However, Haider further discloses a removable lumbar-posterior-support panel 16. Haider teaches a bridge panel member (removable lumbar-posterior-support panel 16).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the apparatus 100 of Rydstrom to include a removable lumbar-posterior-support panel as taught by Haider. A skilled artisan would have been motivated to do so because Haider teaches that the panel 26 connects the belt sections together ([0032]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to adjustable belts encircling the lumbar region of a user.
Regarding claim 19, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 18, wherein said bridge panel member is attached between separate portions of said one or more torso-engagement sections (As a result of the modification in response to claim 18 above, the posterior panel is attached between the two portions of the torso panel 112.).
Regarding claim 20, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 18, wherein said bridge panel member is attached to said tensioning mechanism (The loop straps 116 are attached to the pulley which are indirectly attached to the posterior panel since the posterior panel, torso panel 112, plates 20, 22, and the pulleys are all attached as a result of the modifications.).
Regarding claim 21, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 18, wherein said pulley system includes at least one pulley mounted on, or operatively connected to, said bridge panel (The pulley are operatively connected to the posterior panel as a result of the modifications.).
Regarding claim 22, Rydstrom in view of Haider discloses a friction-lift torso harness as claimed in claim 1, wherein said at least one rotatable pulley is mounted on: a harness band at a first position, a first spreader bar, or a bridge panel member, and operatively connected to one of: said harness band, at a second position, or a second spreader bar (The pulleys are mounted on the plates 20, 22 and operatively connected to the torso panel 112.).
Regarding claim 27, Rydstrom in view of Haider discloses a friction lift torso harness as claimed in claim 1.
Rydstrom in view of Haider does not disclose wherein for a given lifted patient weight force Fw, and tension TB applied to said one or more torso-engagement sections, a Proportional Forcing Factor (PFF) is given by:
k
P
F
F
=
T
B
F
w
and wherein the
k
P
F
F
of said friction-lift torso harness is at least 0.4.
However, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus 100 of Rydstrom to be able to lift a patient using the upper portion 110, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). [0024] – “It is contemplated that in other embodiments, the lower portion 130 may be removable from the upper portion 110”. If the lower portion 130 is removed, the upper portion necessarily provides a
k
P
F
F
of at least 0.4 since the patient is still capable of being lifted. The
k
P
F
F
may also be adjusted by changing the number of pulleys and their orientations which only requires routine optimization within the skills of one of ordinary skill in the art.
Regarding claim 29, Rydstrom in view of Haider discloses a friction lift torso harness as claimed in claim 27.
Rydstrom in view of Haider does not disclose wherein said Proportional Forcing Factor (PFF) is given by
P
F
F
=
M
A
×
f
t
m
, where MA is a mechanical advantage, and
f
t
m
is a frictional efficiency of the friction-lift torso harness, and wherein: MA is at least 0.5, and/or
f
t
m
is at least 50%.
However, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus 100 of Rydstrom to have a mechanical advantage of at least 0.5, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The modification in view of Haider adds pulleys to the apparatus 100 of Rydstrom and the number pulley affects the mechanical advantage. Therefore, by modifying the number of pulleys, the mechanical advantage can be modified. Changing the number of pulleys only requires routine optimization within the skills of one of ordinary skill in the art.
Regarding claim 30, Rydstrom in view of Haider discloses a friction lift torso harness as claimed in claim 27.
Rydstrom in view of Haider does not disclose wherein through an initial, substantially orthogonal, angular redirection of said at least one tensioning strand in said tensioning mechanism, the Mechanical Advantage (MA) is at least 0.5, and/or the frictional efficiency (
f
t
m
) of said at least one tensioned tensioning strand is at least 50%.
However, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus 100 of Rydstrom to have a mechanical advantage of at least 0.5, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The modification in view of Haider adds pulleys to the apparatus 100 of Rydstrom and the number pulley affects the mechanical advantage. Therefore, by modifying the number of pulleys, the mechanical advantage can be modified. Changing the number of pulleys only requires routine optimization within the skills of one of ordinary skill in the art.
Regarding claim 31, Rydstrom in view of Haider discloses a patient-moving device for patient handling, the patient handling including raising and lowering a seated patient between a seated position and a raised activity position (Rydstrom teaches a subject support apparatus 100 as shown in Figs. 1-10. The apparatus 100 is a harness that is capable of raising and lowering a seated patient between a seated position and a raised activity position by lifting the apparatus 100 with overhead structure 12.), said device including:
- a friction-lift torso harness as claimed in claim 1 (See the rejection of claim 1 above.); and
- a patient lift hoist, said at least one tensioning strand being operatively connected to said patient lift hoist (Overhead structure 12 and sling bar 200 form a patient lift hoist and the loop straps 116 are operatively connected thereto. Se Fig. 1.);
wherein said friction-lift torso harness is configured so that for at least part of raising the patient, said friction-lift torso harness applies the compressive force to the patient that is proportional to the patient's weight being contemporaneously applied to said patient lift hoist via said at least one tensioning strand (The compressive force applied to the subject is proportional to the patient’s weight being contemporaneously applied to the overhead structure 12 since the compressive force is being applied via the loop straps 116 which are tensioned by the patient’s weight. [0032] – “in some embodiments, such as the embodiment depicted in FIG. 5, the upper portion 110 may be formed without webbing, such as when the torso panel 112 of the upper portion 110 is formed from a pliable material with sufficient tensile strength to support a subject during lifting without any further reinforcement.”).
Regarding claim 34, Rydstrom in view of Haider discloses a method of operating a patient-moving device as claimed in claim 31, said method including the steps of:
- fitting the friction-lift torso harness to a patient above the patient's hips and about the patient's exterior torso (As shown in Fig. 2, the loop straps 116 pass through rings 122a,b and cross the back of the subject. This makes the apparatus configured to apply a compressive force to the patient torso above the patient's hips, between at least two opposing exterior torso portions during at least part of the raising of a patient wearing the apparatus 100 since the loop straps 116 will pull the torso panel tight around the subject when tension is applied to the loop straps.);
- ensuring the at least one tensioning strand is operatively connected to the patient lift hoist (Overhead structure 12 and sling bar 200 form a patient lift hoist and the loop straps 116 are operatively connected thereto. Se Fig. 1.); and
- operating the patient lift hoist to apply tension to said the at least one tensioning strand ([0027] – “For example, in some configurations the sling bar 200 and the overhead structure 12 may be positioned over a treadmill, and the overhead structure 12 may support some or all of the bodyweight of the subject 10, thereby assisting the subject 10 in walking on the treadmill.”);
thereby applying a compressive force to the patient's torso between the at least two opposing exterior torso portions, the compressive force being proportional to the patient's weight being contemporaneously applied to the patient lift hoist via said at least one tensioning strand (The compressive force applied to the subject is proportional to the patient’s weight being contemporaneously applied to the overhead structure 12 since the compressive force is being applied via the loop straps 116 which are tensioned by the patient’s weight. [0032] – “in some embodiments, such as the embodiment depicted in FIG. 5, the upper portion 110 may be formed without webbing, such as when the torso panel 112 of the upper portion 110 is formed from a pliable material with sufficient tensile strength to support a subject during lifting without any further reinforcement.”).
Rydstrom in view of Haider does not directly disclose fitting the friction-lift torso harness to a sitting patient.
However, Rydstrom discloses [0027] – “some or all of the bodyweight of the subject 10 may be supported by the overhead structure 12, which may assist the subject 10 in a variety of activities, including standing and walking.” Since the overhead structure 12 and apparatus 100 are configured to assist in standing, it would be obvious to apply the apparatus 100 while the patient is sitting. A skilled artisan would have been motivated to do so because Rydstrom teaches a device to assist in standing. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn adjustable belts encircling the lumbar region of a user.
Regarding claim 35, Rydstrom in view of Haider discloses the method of claim 34, further comprising positioning the one or more torso-engagement sections about the exterior torso portions between the patient's 5th and 10th ribs ([0025] – “the upper portion 110 of the subject support apparatus 100 may be positioned above the abdominal area of the subject 10”. This corresponds to the location of the 5th through the 10th ribs of a person. See Figs. 1-2.).
Regarding claim 36, Rydstrom in view of Haider discloses the method of claim 34, wherein the one or more torso-engagement sections are positioned such that the compressive force is applied substantially orthogonally to the exterior torso portions (The pulleys are positioned to redirect the compressive force substantially orthogonally to the exterior torso portions due to the lacing configuration.).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0185226 (Rydstrom et al.) in view of US 2014/0364786 (Haider et al.), and further in view of US 2016/0367429 (Dolce et al.).
Regarding claim 32, Rydstrom in view of Haider discloses a patient-moving device as claimed in claim 31.
Rydstrom in view of Haider does not disclose at least one of: a terrain-engaging mobile chassis; and a chassis including at least one carriage, movably coupled to a track, mounted on an elevated structure.
However, Dolce discloses a body harness operatively connected to a system 100 with an overhead hoist device. See Fig. 1. The harness 210 and spreader bar 220 are analogous to the apparatus 100 and sling bar 200 of Rydstrom, respectively. Dolce teaches a chassis including at least one carriage, movably coupled to a track, mounted on an elevated structure (The overhead hoist device is interpreted as a chassis including a carriage and is coupled to track 120 and mounted on an elevated structure as seen in Fig.1.).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the overhead structure 12 of Rydstrom to be the system 100 as taught by Dolce. A skilled artisan would have been motivated to do so because Dolce teaches a track for the overhead structure to mount to which allows for patient to be moved while lifted. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to system comprising a hoist for lifting a patient by a harness.
Conclusion
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/SETH R. BROWN/Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
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