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 .
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 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/13/2026 was filed is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 34-53 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention, as follow:
Referring to MPEP 2172.01, “depending on the specific facts at issue, a claim which omits subject matter disclosed to be essential to the invention as described in the specification or in other statements of record may be rejected …….. under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as indefinite (see, e.g., In re Venezia, 530 F.2d 956, 189 USPQ 149 (CCPA 1976)); or under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as failing to claim the subject matter that the inventor or a joint inventor (or, for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention (see, e.g., In re Collier, 397 F.2d 1003, 158 USPQ 266 (CCPA 1968)). Such essential matter may include missing elements, steps or necessary structural cooperative relationships of elements described by the applicant(s) as necessary to practice the invention. ……… If a claim fails to interrelate essential elements of the invention as defined by applicant(s) in the specification, the claim may be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as indefinite. See In re Venezia, 530 F.2d 956, 189 USPQ 149 (CCPA 1976)……”.
Claim 34 in lines 3-4 recites: “a first arm configured to support equipment, the first arm having a proximal end defining a first opening and a second opening;”
However, referring to [00124] in specification, which recites: “A platform 46 is provided at the distal ends 30 of the first arm 24 and the second arm 26, extending between the first and second arms 24, 26. The platform 46 is connected to one or more of the first arm 24, the second arm 26 and the connecting member 28. The platform 46 has a support face 48 with a support surface plane 50 which is substantially transverse to the longitudinal axes 34 of the first arm 24 and the second arm 26. The support face 48 has a flat construction. The support face 48 is sized and shaped to accommodate the equipment 12 to be attached to the frame 22. As best seen in FIGS. 1, 2 and 5, a width 54 of the platform 46 is variable between the first and second arms 24, 26. ….” (emphasis in bold added).
Meanwhile, [00121] of instant specification recites:” In certain embodiments, the frame 22 has substantially “U” shaped configuration (FIGS. 1-16). In certain other embodiments, the frame 22 has a substantially linear configuration (FIGS. 17A and FIGS. 17B). Other configurations of the mounting apparatus 10 are also possible. “
In addition, [00122] recites: “Turning first to the embodiments of FIGS. 1-16, the frame 22 comprises a first arm 24, a second arm 24 and a connecting member 26 connecting the first arm 24 and the second arm 26. Each of the first arm 24 and the second arm 26 has a distal end 30 and a proximal end 32. The first and second arms 24, 26 each have a longitudinal axis 34 which are substantially parallel to one another and spaced therefrom by the connecting member 28. It will be appreciated that the configuration of the frame of the mounting apparatus 10 may differ from that illustrated when the first arm 24 and the second arm 26 have different lengths.”
See also [00125] for details.
Thus, as best understood by Examiner based on totality of above, essential elements which including a platform (46) and a support face (48) thereof, a frame (22), and a connecting member (26), alongside corresponding enabling features thereof are all missing from the claim. In other words, a first arm (of the frame) on its own alone would not be sufficient enough to support an equipment, and the supporting of equipment requires various components working together to provide necessary structural cooperative relationships of elements described by the applicant(s) as necessary to practice the invention.
Meanwhile referring to MPEP 2111, which recites in part : “ II. IT IS IMPROPER TO IMPORT CLAIM LIMITATIONS FROM THE SPECIFICATION Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. “
Without the importing or inclusion of limitations including these essential elements taken from specification, it is impossible for a first arm alone by itself to be configured to support equipment, as presently claimed in claim 34.
Furthermore, claim 34 also recites in lines 5-8 the following: “a clamping system attachable to the patient transport system and configured to receive the proximal end of the first arm for removably attaching the first arm to the patient transport system and for allowing a rotation of the first arm relative to the patient transport system between an upright position and a reclined position”.
Referring to [00137] of specification which recites: “The clamping system 36 of FIG. 17A is the same as that described and illustrated in FIGS. 1-16. Broadly, the clamping system 36 comprises the slot 68, which is sized and shaped to receive the flat end 70 at the proximal end 32 of the first arm 24 and to permit the first arm 24 to pivot about the pivot pin 88 along the plane parallel to the longitudinal axis 34 between the upright and reclined positions.”
As best understood by Examiner, essential element of a slot (68) belonging to the clamping system would also be missing from the claim. In other words, without the proper recitation of the clamping system having a slot sized and shaped to receive end of the first arm 24 and to permit the first arm 24 to pivot about the pivot pin 88 between the upright and reclined positions, the clamping system would not have adequate descriptions and enablement to achieve receiving the proximal end of the first arm for allowing a rotation of the first arm relative to the patient transport system between an upright position and a reclined position.
Based on discussion herein above, Claim 34 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, for omitting subject matter disclosed to be essential to the invention as described in the specification.
By virtue of dependency upon rejected claim 34, dependent claims 35-43 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Allowable Subject Matter
Claim(s) 34-53 contain allowable subject matter. However, claims 34-53 remain 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, as previously discussed herein above, but would be allowable if rewritten to overcome above rejections under 35 U.S.C. 112(b).
As allowable subject matter has been indicated, applicant's reply must either comply with all formal and statutory requirements or specifically traverse each requirement not complied with. The closest prior art of record are Cambridge (US 20160324701A1) and Skripps (US 20060255220A1) which, singularly or in combination, fail to disclose, teach or suggest the following particular subject matter that have been considered as allowable: a second pin selectively received in the second opening, the first arm is rotatable about the second pin between the upright position and the reclined position when the first pin is removed as claimed in claim 34.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cambridge (US 20160324701A1) discloses an accessory clamp mount for emergency stretcher cots with a side arm capable of being arranged in stored and support positions by means of accessory clamp with a pin and handle for locking. Skripps (US 20060255220A1) disclose an accessory rail clamp with latch and lock mechanisms, and two pivot pins for coupling a latch to two jaws, where the jaws can move between open position and closed position or latched versus unlatched position. Matheny (US 20220313509A1) disclose a patient transport apparatus with a handle assembly, where hand extensions can be switched between stowed position and extended position, and with locking device. Graham (US 20060031989A1) discloses equipment support rail for hospital bed. Linder (US 4113218) discloses an adjustable frame assembly. Phillips (US 5362021) discloses multi-adjustable surgical tray apparatus for operating table. Schroeder (US 20140374564A1) discloses an equipment mounting system. Chinn (US 20160031382A1) discloses an equipment mounting system. Walke (US 20090065668A1) discloses transferable patient care equipment support for hospital bed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DING Y TAN whose telephone number is (303)297-4271. The examiner can normally be reached on Monday-Friday, 8:00 am MT--5:00 pm MT. 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, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DING Y TAN/Examiner, Art Unit 3632
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