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 § 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)(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) 1-2, 14, 28, 30-31, and 33-34 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pat. No. 4,601,075 to Smith
Claim 1, Smith discloses a rescue apparatus 10 comprising a flexible sheath defined by flexible sheet (12,13) which has an upper support section , for supporting the a head of a person to be rescued, and a lower support section (fig 1-3), a first textile web defined by a flexible cover (41,42), which is arranged between the upper support section and the lower support section, and is fastened to the flexible sheath and is placed around an upper body of the person to be rescued, a support apparatus defined by limb flaps (60,61) capable of supporting the legs of the person is displaceable along a longitudinal axis of the flexible sheath between a retracted position and an extended position with respect to the flexible sheath (fig. 2 & 15).
Claim 2, Smith discloses the apparatus wherein the support apparatus comprises a first support plate defined by a board (45) having a flat and rectangular shape in the extended position, forms an extension of the flexible sheath capable of supporting the legs of the person to be rescued, wherein any smaller size board is capable of being selected with a pocket 11 is capable of containing a standard backboard, a bi-fold metal backboard, or a conventional scoop litter (col. 6 lines 55-61).
Claim 14, Smith discloses the rescue apparatus wherein second support plate defined by the second coupled portion of the bi-fold support plate and capable of being used as an extension of the first support plate.
Claim 28 Smith discloses the apparatus wherein a back support defined by a support board 45 is arranged on the first textile web, wherein the back support is detachably coupled to the first textile web via at least one fastening means (col. 3 lines 38-61).
Claim 30, Smith discloses the apparatus wherein the support apparatus is capable of being arranged in the retracted/closed position between the first textile web and the back support (fig. 2 & 15).
Claim 31, Smith discloses the rescue apparatus wherein a securing element (97,98) coupled to the first textile web is provided and is provided for axially securing the support apparatus below the back support (col. 6 lines 38-61).
Claims 33-34, Smith discloses the apparatus wherein the back support comprises a textile cover in which a rigid support board is inserted (col. 6 lines 38-61).
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) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,601,075 to Smith in view of U.S. Pub. No. 2014/00533335 to Calkin.
Claims 10-12, Smith discloses the apparatus wherein the but is silent to the sheet and the first support being made of the same plastic. Calkin discloses an apparatus made from a lightweight plastic material such a polyethylene or a synthetic thermoplastic resin [0014]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the plastic material disclosed in Calkin with the apparatus of Smith with a reasonable expectation of success because it would have provided a material having suitable durability, strength, flexibility and resistance to damage (such as from cutting, scarring, denting, breaking, and deforming).
With regards to claim 13, wherein the plastic material of Calkin is formed from a polyethylene, but is silent to a polyethylene terephthalate (PET). Selecting from a plethora of known plastic materials is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select a plastic being formed as a polyethylene terephthalate (PET) with the apparatus of Smith with a reasonable expectation of success because it would have provided an equivalent and alternative plastic to form the stretcher of Smith.
Claim(s) 15-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,601,075 to Smith in view of U.S. Pat. No. 2,409, 934 to Haggard et al.
Claim 15, Smith discloses the apparatus wherein the bifold support plates are pivotable relative to each other, but is silent to a hinge. Haggard discloses a stretcher having support plates connected to the stretcher by a hinge defined by a transversely extending rod 3 (col. 1 lines 45-54). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the hinged support members disclosed in Haggard with the apparatus of Smith with a reasonable expectation of success because it would have allowed the user to fold or extend the support of Smith.
Claim 16, wherein the second support plate(17) rests on the an underside (12a) of the first support plate(12) in the folded-in position, so that the second support plate(17) can be folded downwards and held in this position.
Claim 17, Smith, as modified, discloses the apparatus wherein Haggard further discloses a holding means (4) are provided on the second support plate and hold the second support plate in the folded-out position (col. 2 lines 9-19).
Claim 19, Smith discloses the apparatus wherein a strap (97) is fastened with a first end to the support apparatus capable of limiting a displacement of the support plate of the support apparatus in an extension direction, wherein the first tensioning strap is fastened indirectly to the first textile web with a second end is fastened to an underside of the support plate (col. 3 lines 38-61).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,601,075 to Smith in view of U.S. Pat. No. 2,409, 934 to Haggard et al., and further in view of U.S. Pat. No. 2015/0082544 to Yancovitch et al.
Claim 18, Smith discloses the apparatus, but is silent to the holding means comprising hook-and-loop strips. Yancovitch discloses a holding means for a support comprised of hook and loop strips (61-63). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the holding means disclosed in Yancovitch with the apparatus of Smith with a reasonable expectation of success because it would have provided an equivalent and alternative fastening means.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,601,075 to Smith in view of U.S. Pub. No. 2008/0184488 to Fee et al.
Claim 29, Smith discloses the apparatus, wherein the fastening means is sewn to the textile web, but is silent to the fastening means comprising an elastic band which runs transversely to a longitudinal direction of the back support. Fee discloses strapping or webbing material that is comprised with elastic materials [0032]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the strapping and elastic materials disclosed in Fee with the apparatus of Smith with a reasonable expectation of success because it would have provided a harness system that encloses and surrounds the torso region of an injured person [0033].
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,601,075 to Smith.
Claim 32, Smith discloses the apparatus, but is silent to the securing element comprised of a hook-and-loop strip. Selecting from a plethora of known fasteners is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select a hook and loop fastener with the apparatus of Smith with a reasonable expectation of success because it would have provided an equivalent and alternative means to fasten the element of Smith.
Allowable Subject Matter
Claim 35 is allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 2,489,828 to Springer discloses a stretcher having a folded leg section that adapts them to be arranged in a folded or extended relation (col. 1 lines 45-54).
U.S. Pat. No. 8,590,077 to Saunders discloses a litter having a flexible material and a plurality of straps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/ Primary Examiner, Art Unit 3679
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