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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being anticipated by claims 1-19 of U.S. Patent No. 11400003 issued to Heneveld. Claims 1-19 of Heneveld anticipate claims 1-20 of the current application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 8, 10-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 7389552 issued to Reed in view of U.S. Patent No. 5080498 issued to Tsukada.
Regarding claim 1,
Reed discloses a patient transport apparatus for supporting a patient, (Reed: col. 11 lines 26-29 “an ambulance cot system 1 embodied by the invention is shown in FIGS. 1-52.”) the patient transport apparatus comprising: a litter (Reed: FIG. 1 (74) col. 11 lines 30-32 “In some embodiments, the ambulance cot system 1 comprises a pair of frames comprising a base frame 10 and a top frame 74 as shown” as well as col. 22 lines 46-47 “Components utilized to attach a patient litter to the top frame 74 also attach to the top frame 74.” Wherein the top frame may be interpreted as a litter.) comprising a patient support deck configured to support the patient; (Reed: FIG. 2 (152, 159, 161, 164) may be interpreted as a collective as a patient support deck see also col. 22 lines 61-64 “In some embodiments, a patient litter of the present invention comprises a four section litter comprising a leg litter 152, a thigh litter 159, a seat/lower torso litter 161, and a head/upper torso litter 164.”) a base configured to engage a floor surface; (Reed: see annotated figure below) and a lift mechanism extending between the litter and the base (Reed: FIG. 1 (40, 50) wherein the telescoping legs may be interpreted as the lift mechanism) to effect relative movement between the litter and the base between a plurality of vertical configurations (Reed: FIGS. 1 and 2B show a plurality of vertical configurations including an extended configuration and collapsed configuration respectively.) the lift mechanism including a frame assembly (Reed: FIGS. 6-11 (55, 51) see also col. 14 lines 65-67 and col. 15 line 1 “The telescoping legs 50 comprise a main rail 51 and an inner rail 55 wherein the inner rail 55 moves in a telescoping manner within and outward from the main rail 51.” Wherein (55, 51) may be interpreted as a frame assembly) pivotably coupled to each of the base and the litter, (Reed: col. 14 lines 40-46 “As illustrated in the figures (e.g., FIGS. 3 and 8), the head-end cross tube 11 and foot-end cross tube 12 of the base frame 10 attach to leg assemblies of the cot 1. For example, the head-end cross tube 11 pivotally attaches to a telescoping leg assembly comprising a pair of telescoping legs 50, and the foot-end cross tube 12 pivotally attaches to a fixed leg assembly comprising a pair of fixed legs 40.” See also col. 17 lines 43-46 “As illustrated in FIGS. 14 and 17, the main rails 51 pivotally connect 57 to a cross tube 78 residing in a slider housing 75 attached to a foot-end portion of the top frame 74.”) the frame assembly including: an inner frame member (Reed: FIGS. 6-11 (55)) defining an upper exterior surface and a lower exterior surface, (Reed: FIGS. 10-11 shows a lower exterior surface (55) extending towards the base and an upper exterior surface (55) extending into (51) see annotated figure below for clarity.) an outer frame member (Reed: FIGS.6-11 (51)) defining an opening (Reed: FIGS. 10-11 depicts a hollow opening within (51) that receives (55) see annotated figure below for clarity) a roller (Reed: FIG. 11 (63)) coupled to the outer frame member, and extending through the opening of the inner frame member, (Reed: col. 16 lines 8-15 “As illustrated in FIGS. 10 and 11, the inner rails 55 comprise a top side and bottom side wherein one or more roller bearings 65 are connected to a top portion and one or more roller bearings 65 are attached to a bottom portion of the inner rail 55 such that the roller bearings 65 roll along the inside face of the top side and the inside face of the bottom side of the main rail 51 (e.g., when the cot is raised or collapsed).” ) and a cover … attached to the outer frame member and extending over the roller to create a tortious path for ingress of contaminants towards the inner frame member (Reed: FIGS. 2A and 3, (54) see also col. 17 lines 22-31 “a main rail 51 may be attached to one or more pieces of material that act as guards 53, 54 of the telescoping leg assembly 50 (e.g., that protect the leg assembly (e.g., from ambulance rear bumper) and that protect the exterior roller bearings). For example , the main rail may comprise a lower guard 54 and/or an upper guard 53 that protect the telescoping leg components (e.g., the main rail 51 and inner rail 55) during loading and/or unloading…”)
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Reed does not appear to disclose a releasably attached cover.
However, in the same field of endeavor of linear guides with rollers and rails, Tsukada discloses a releasably attached cover. (Tsukada: Abstract “a pair of under seals respectively removably attached to lower surfaces of side walls of a slider” see also col. 2 lines 5-15 “Each of the pair of under seals is mounted on the slider by inserting its opposite end portions respectively between the lower end surfaces of the end caps and the bent pieces of the side seals.” The dust seals are removably attached to protect roller/rail interface from “foreign matter, such as dust, chips, cuttings, and the like” (col. 1 lines 45-50))
It would have been obvious for a PHOSTA before the effective filing date of the claimed invention to modify the guard of Reed to be releasably attached as taught by Tsukada. A person of ordinary skill in the art would have been motivated to make this modification in order to simplify mounting, assembly, and replacement of the guards (Tsukada: “riveting work in the prior art is not necessary and it is possible to attach the under seals simply and quickly”; the demounting of the under seal is also carried out in single operation such that the replacement oof the under seal is very easy”), thereby enabling service and maintenance of Reed’s telescoping assembly without full disassembly.
Regarding claim 2,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 1, wherein the outer frame member includes lateral walls (Reed: FIG. 11 (62); see also col. 15 lines 14-20 “The extruded portion 62 comprises a roller mount for fastening a roller bearing 63.”) arranged adjacent to the opening and extending towards the litter, the lateral walls supporting a roller shaft extending over the opening and rotatably supporting the roller. (Reed: col. 15 lines 14-20 as well as FIG. 11 (62) has a roller mount for the roller (63))
Regarding claim 3,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 2, wherein the cover extends over at least a portion of the lateral walls. (Reed: FIGS. 2A, , and 7 show the cover (54) extending over at least a portion of the lateral walls (62))
Regarding claim 4,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 1, wherein the roller defines a pair of contact surfaces each arranged for engagement with the upper exterior surface of the inner frame member. (Reed: col. 15 lines 16-20 “The extruded portion 62 comprises an orifice through which the roller bearing 63 extends such that it sits upon the top side of the inner rail 55, and rolls along the top side of the inner rail. Thus the roller bearing defines a pair of contact surfaces each arranged for engagement with the upper exterior surface of the inner rail.)
Regarding claim 5,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 4, wherein the roller further defines a void arranged between the contact surfaces and shaped to collect contaminants therein. (Reed: FIG. 11 shows a void between the contact surfaces of the roller (63) that can otherwise collect contaminants therein.)
Regarding claim 8,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 1, wherein the upper exterior surface of the inner fame member has a generally curved profile. (Reed: col. 16 lines 49-54 “In some embodiments, a roller bearing 63 attached to the extruded portion 62 of the main rail 51 comprises a concave surface (e.g., that contacts and rolls along a convex inner rail 55 surface).”)
Regarding claim 10,
Reed in view of Tsukada discloses the patient transport apparatus of claim 1, wherein the outer frame member defining an interior with an upper interior surface and a lower interior surface; (Reed: see annotated figure in claim 1) and wherein the frame assembly includes an additional roller arranged for rolling contact with the lower interior surface of the outer frame member. (Reed: FIG. 11 (65) see also col. 16 lines 8-15 “the inner rails 55 comprise a top side and bottom side wherein one or more roller bearings 65 are connected to a top portion and one or more roller bearings 65 are attached to a bottom portion of the inner rail 55 such that the roller bearings 65 roll along the inside face of the top side and the inside face of the bottom side of the main rail 51.”)
Regarding claim 11,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 10, wherein the inner frame member includes an inner chamber and defines an aperture; (Reed: FIGS. 10-11 show an inner chamber in (55) that defines an aperture through which (65) extends.) and wherein the additional roller is disposed within the inner chamber and extends through the aperture into rolling contact with the lower interior surface of the outer frame member. (Reed: FIGS. 10-11 (65) rolls along the lower interior surface of the outer frame member see col. 16 lines 8-15)
Regarding claim 12,
Reed in view of Tsukada discloses the patient transport apparatus of claim 10, wherein the inner frame member defines a lower exterior surface; (Reed: see annotated figure in claim 1) and wherein the frame assembly includes: a first slide member coupled to the inner frame member and arranged for sliding contact with the upper interior surface of the outer frame member, (Reed: FIG. 11 (65); the roller bearing on the top of the inner rail that contacts the upper interior surface of the outer frame member may be interpreted as a first slide member.) and a second slide member arranged for sliding contact with the lower exterior surface of the inner frame member. (Reed: col. 16 lines 44-49 “in addition to the roller bearing 63 attached to the extruded portion 62 of the main rail 51 shown in FIGS. 10 and 11, a cot system 1 of the present invention may comprise additional roller bearings 63 (e.g., attached to a bottom portion of the extruded portion 62 (e.g., whereby the roller bearing 63 contacts and rolls along the bottom of the inner rail 55)).”)
Regarding claim 13,
Reed in view of Tsukada discloses the patient transport apparatus of claim 12, wherein the lift mechanism is selectively operable between: a transport mode where the base is disposed in engagement with the floor surface and supports the litter for movement relative to the base with the frame assembly loaded to transfer load from the litter to the base via rolling contact of the additional roller and the roller, (Reed: FIG. 1 shows the litter in a transport mode, the base being in engagement with a floor surface and supporting the litter via force transmission through the legs (40, 50) and the roller (63, 65)) and a suspended mode where the base is spaced from the floor surface with the frame assembly loaded to transfer load from the base to the litter via sliding contact of the first slide member and the second slide member. (Reed: col. 27 lines 30-34 “when load wheels of a load rail assembly are resting upon the deck of an ambulance and the leg assemblies are outside of the ambulance such that the wheels attached to the base frame are suspended in air.”)
Regarding claim 14,
Reed in view of Tsukada discloses the patient transport apparatus of claim 13, wherein the lift mechanism is configured for selective movement between the plurality of vertical configurations in each of the transport mode and the suspended mode. (Reed: col. 27 lines 56-63 showing selective movement in suspended mode; FIGS. 1 and 2B showing selective movement in transport mode.)
Regarding claim 15,
Reed in view of Tsukada discloses the patient transport apparatus of claim 13, wherein the plurality of vertical configurations include a collapsed configuration and an extended configuration, with the litter being arranged further away from the base in the extended configuration than in the collapsed configuration. (Reed: FIGS. 1 and 2B show a plurality of vertical configurations including an extended configuration and collapsed configuration respectively.)
Regarding claim 16,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 15, wherein the additional roller is coupled to the inner frame member; (Reed: col. 16 lines 8-15 disclosing roller bearings 65 attached to inner rail 55) and wherein movement from the extended configuration towards the collapsed configuration moves the roller towards the additional roller within the interior of the outer frame member. (Reed: FIGS. 1 and 2B; during movement from the extended configuration to the collapsed configuration, the inner rail 55 retracts into the main rail 51, causing the roller 65 on the inner rail to move toward the roller 63 on the main rail within the interior of the main rail 51.)
Regarding claim 17,
Reed in view of Tsukada discloses the patient transport apparatus of claim 16, wherein the second slide member is coupled to the outer frame member; (Reed: col. 16 lines 44-49, the additional roller bearing is attached to the extruded portion 62 of the main rail 51.) and wherein movement from the collapsed configuration towards the extended configuration moves the first slide member towards the second slide member within the interior of the outer frame member. (Reed: in moving from the collapsed configuration (FIG. 2B) towards the extended configuration (FIG. 1), the inner rail 555 extends outward such that the roller bearing 65 coupled to the iner rail moves within the interior of the main rail 51 towards the second slide member attached to the outer frame member.)
Regarding claim 18,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 1, wherein the inner frame member is pivotally coupled to the base. (Reed: col. 17 lines 42-43 “In particular, the inner rails 55 pivotally connect 57 to the head-end cross tube 11 of the base frame 10.”)
Regarding claim 19,
Reed in view of Tsukada discloses the patient transport apparatus of claim 18, wherein the outer frame member is arranged for pivoting movement relative to the litter. (Reed: FIGS. 1 and 2B show pivoting movement of the outer frame member (51) relative to the litter; see col. 17 lines 66-67 and col. 18 line 1 “As illustrated in FIGS. 12 and 17, a pair of pivots 52 are irremovably connected to the main rails 51 of the telescoping legs 50.”)
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 7389552 issued to Reed in view of U.S. Patent No. 5080498 issued to Tsukada further in view of U.S. Patent No. 8152378 issued to Tsai.
Regarding claim 6,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 5.
Reed in view of Tsukada does not appear to disclose wherein the contact surfaces of the roller are skewed relative to one another and converge towards an apex arranged adjacent to the void to direct contaminants towards the apex and into the void as the roller moves in rolling contact along the upper exterior surface of the inner frame member.
However, in the same field of endeavor of roller and guides, Tsai discloses wherein the contact surfaces of the roller are skewed relative to one another (Tsai: FIG. 14 shows contact surfaces of outer bushes (211, 221) of bearings (21, 22) skewed relative to one another as they contact the railing (41).) and converge towards an apex arranged adjacent to the void to direct contaminants towards the apex and into the void as the roller moves in rolling contact along the upper exterior surface of the inner frame member. (Tsai: FIG. 13 shows the inwardly angled contact surfaces of the paired bearings (21, 232) converging toward an apex at the axial shaft (24). The relative interval (25) between the two bearings (col. 4 line 34 “A relative interval 25 exists between the two bearings 21, 22”) defines a void adjacent to the apex. The converging skewed contact surfaces are capable of directing contaminants toward the apex and into the void.)
It would have been obvious for a PHOSTA before the effective filing date of the claimed invention to modify the roller cross-section of Reed to have skewed contact surfaces converging to an apex as taught by Tsai. A person of ordinary skill in the art would have been motivated to make this combination in order to allow for the rail and roller to be mated with high accurateness that will provide smooth and steady linear movement. (Tsai: col. 1 lines 21-24 “People who have ordinary skill in the art of linear guides would appreciate that smooth and steady linear movement of the driven body 15 is available only when each roller 16 and the rail 10 are mated with high accurateness.”)
Regarding claim 7,
Reed in view of Tsukada in view of Tsai discloses the patient transport apparatus as set forth in claim 6.
Reed in view of Tsukada does not appear to disclose wherein the contact surfaces are arranged in a generally V-shaped configuration.
However, Tsai discloses wherein the contact surfaces are arranged in a generally V-shaped configuration. (Tsai: FIG. 14 shows the contact surfaces of the two outer bushes (211, 221) of bearings (21, 22) forming a generally V-shaped configuration in cross-section that receives and engages the round guiding rail (31).)
It would have been obvious for a PHOSTA before the effective filing date of the claimed invention to modify the roller cross-section of Reed in view of Tsukada to be of a V-shape as taught by Tsai. A person of ordinary skill in the art would have been motivated to make this combination in order to allow for the rail and roller to be mated with high accurateness that will provide smooth and steady linear movement. (Tsai: col. 1 lines 21-24)
Regarding claim 9,
Reed in view of Tsukada discloses the patient transport apparatus as set forth in claim 4.
Reed in view of Tsuakda does not appear to disclose wherein the contact surfaces of the roller each have a generally frustoconical profile.
However, in the same field of endeavor of rollers and guides, Tsai discloses wherein the contact surfaces of the roller each have a generally frustoconical profile. (Tsai: FIGS. 11-14 show the outer bushes (211, 221) of the paired bearings (21, 22), which in cross-section present a generally frustoconical profile with surfaces tapering inwardly toward the axial shaft (24).)
It would have been obvious for a PHOSTA before the effective filing date of the claimed invention to modify the roller cross-section of Reed in view of Tsukada to be of a frustoconical-shape as taught by Tsai. A person of ordinary skill in the art would have been motivated to make this combination in order to allow for the rail and roller to be mated with high accurateness that will provide smooth and steady linear movement. (Tsai: col. 1 lines 21-24)
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reed and Tsukada in view of U.S. Publication No. 20180303689 issued to Souke.
Regarding claim 20,
Reed discloses the patient transport apparatus as set forth in claim 1.
Reed does not appear to disclose further comprising: a guide body coupled to the litter and defining a channel; and a slide interface coupled to the outer frame member and disposed within the channel for pivoting movement within the channel and for sliding movement along the channel as the lift mechanism moves between the plurality of vertical configurations.
However, Souke discloses a guide body coupled to the litter (Souke: FIG. 6 (72) see [0064] “In the illustrated embodiment, and as best seen in FIGS. 1A, and 6, guides 32 are each formed from a low friction member or plate 72, such as a high density polyethylene plate, mounted to litter frame 14.”) and defining a channel; (Souke: FIG. 6 (74) see [0064] “As best seen in FIG. 6, each low friction member or plate 72 includes a recess 74 formed therein, which forms guide path P.”) and a slide interface coupled to the outer frame member (Souke: [0063] “As best seen in FIG. 6, foot-end upper pivot connections 24b are supported on or formed by a transverse member 60 (see also FIG. 1A), which is mounted to the upper ends of telescoping members 42 by a rigid connection.” And “foot-end upper pivot connections 24b each include a roller 70“ wherein the roller may be interpreted as a slide interface) and disposed within the channel for pivoting movement within the channel and for sliding movement along the channel as the lift mechanism moves between the plurality of vertical configurations. (Souke: [0065] “Rollers 70 are located in recesses 74 of guides 32 and roll along recesses 74 to guide foot-end upper pivot connections 24b along path P.” See also FIGS. 4-5 which show the movement of the lift mechanism between the plurality of vertical configurations as well as the specific position of the roller (70) but identified as (24b).)
It would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the top end connections of Reed to have a guide body with a channel as taught by Souke. A person having ordinary skill in the art would have been motivated to make this modification in order to “a cot with a litter frame that can be adjusted to facilitate loading of the cot into an emergency vehicle” (Souke: [0004]) by “allow(ing) the foot-end upper pivot connections to move along the non-linear path to allow the head-end of the litter frame to be tilted upwardly without decoupling the litter frame from the X-frames.” (Souke: [0024])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673
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