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 Objections
Claim 10 is objected to because of the following informalities: Please delete the comma (,) in “a side bushing portion extending from the central bushing portion adjacent to one of the sides, of the block”. Appropriate correction is required.
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.
Claim(s) 1, 3-6, 8-11, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elku (US 2017/0143566).
Regarding Claim 1, Elku discloses a patient support apparatus (4000) comprising:
a support structure including a base (4008), a support frame (4006), and a patient support deck (4002) for supporting a patient;
a lift system (4058) for lifting and lowering the support frame and the patient support deck relative to the base;
a pivot bracket (2183) operatively attached to one of the support structure and the lift system, the pivot bracket supporting a pivot shaft (2194); and
a load cell (2197 or 2340) including:
a mounting portion operatively attached to the other of the support structure and the lift system, and
a load application portion defining a pair of side openings (both sides of 2196) and a pivot shaft passage extending between the side openings and defining a load application region (see Fig. 45C), wherein each of the pair of side openings has a first diameter and the pivot shaft passage has a second diameter at the load application region, the second diameter being smaller than the first diameter (see tapered bushing 2195a,b with opening 2188 fitting inside opening 2196, see Fig. 45C).
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Regarding Claim 3, Elku discloses wherein the load application region is located midway through the pivot shaft passage (see Fig. 45C).
Regarding Claim 4, Elku discloses wherein the load cell includes an elongate body extending longitudinally along a longitudinal axis from the mounting portion to the load application portion (see Fig. 45D).
Regarding Claim 5, Elku discloses wherein the elongate body defines a plane extending midway through the elongate body and the plane passes through the load application region (see Fig. 45D).
Regarding Claim 6, Elku discloses wherein the elongate body includes a block (2197) and a bushing (2195a,b) coupled to the block to define the pivot shaft passage.
Regarding Claim 8, Elku discloses wherein the block defines a throughbore (2196) and the bushing is located in the throughbore (see Figs. 45C and 45D).
Regarding Claim 9, Elku discloses wherein the block has sides; and
wherein the bushing includes:
a central bushing portion (2188) located in the throughbore, and
side bushing portions (2187) extending from the central bushing portion adjacent to the sides.
Regarding Claim 10, Elku discloses wherein the block has sides; and
wherein the bushing includes:
a central bushing portion (2188) located in the throughbore, with a side bushing portion (2187) extending from the central bushing portion adjacent to one of the sides, of the block and
a cap (2189a) formed separately from the central bushing portion and operatively attached to an end of the central bushing portion adjacent to the other of the sides of the block.
Regarding Claim 11, Elku discloses wherein the block and the bushing include interlocking features to retain the bushing to the throughbore of the block (see Fig. 45C).
Regarding Claim 15, Elku discloses wherein the support frame extends longitudinally from a first longitudinal end to a second longitudinal end;
wherein the lift system includes:
a first lift (4058) to lift or lower the first longitudinal end of the support frame relative to the base, and
a second lift (4058) to lift or lower the second longitudinal end of the support frame relative to the base.
Regarding Claim 16, Elku discloses wherein the first lift and the second lift of the lift system are independently operable to place the support frame in one or more Trendelenburg positions in which the first longitudinal end and the second longitudinal end are at different heights relative to the base (see para. [0205]).
Regarding Claim 17, Elku discloses wherein the base includes a guide (4056); and
wherein the first lift includes a guided body (4054) movable longitudinally relative to the base along the guide.
Regarding Claim 18, Elku discloses wherein the guided body is arranged to move longitudinally relative to the base in response to operation of the second lift to move the support frame to the one or more Trendelenburg positions such that the first lift moves longitudinally toward the second lift to accommodate movement of the support frame to the one or more Trendelenburg positions (see para. [0401] and Fig. 75) .
Regarding Claim 19, Elku discloses wherein the guided body is arranged to move longitudinally relative to the base in response to operation of the first lift to move the support frame to the one or more Trendelenburg positions (see para. [0401] and Fig. 75).
Regarding Claim 20, Elku discloses comprising a plurality of side rails (110/113) coupled to the support structure and a plurality of caster wheels (4061) coupled to the base.
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elku (US 2017/0143566).
Regarding Claim 7, Elku fails to disclose wherein the block is formed at least partially of metal; and wherein the bushing is formed at least partially of plastic. Examiner takes Official Notice that metal and plastic are well known materials used in the manufacturing of load cells and bushings. It would have been obvious to one having ordinary skill in the art at the time the invention was made to form the block at least partially of metal and the bushing at least partially of plastic since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,453,667 in view of Elku. Although the claims at issue are not identical, they are not patentably distinct from each other because the structure of Claim 1 of the instant application is disclosed by Claims 1 and 15 of the patent except for the presence of a “pivot bracket”. As discussed above, Elku discloses a pivot bracket (2183) in order to operatively attach the load cell to one of the support structure and the lift system. It would have been obvious to one having ordinary skill at the time the invention was filed to modify the ‘667 patent with a pivot bracket of Elku. The motivation would have been to provide a way to attach the load cell(s) to the patient support apparatus.
Allowable Subject Matter
Claims 2 and 12-14 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 and a proper Terminal Disclaimer (TD) is filed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/Primary Examiner, Art Unit 3619
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