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)(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, 8-10, and 19 are rejected under 35 U.S.C. 102(a)(1) as anticipated by U.S. Publication No. 20090056023 issued to Calderon.
Regarding claim 1,
Calderon discloses a medical bed apparatus (Calderon: FIG. 25 (10); patient table system for transferring a patient to an imaging system), comprising: a medical bed (Calderon: FIGS. 20-21 (10, 280, 282); see [0071] patient table 10 with main support 280 and cradle accepting portion 282) a movable bed board (Calderon: FIGS. 3-4 (14); transfer board 14 receiving a patient on top surface 58) and a conveying device, the conveying device detachably docked with the movable bed board (Calderon: FIGS. 5-10 (16, 86, 88); cradle 16, whose first and second lockers 86, 88 engage the transfer board to hold it in place upon the surface 60 of the board and are releasable via 96 and 190) and the conveying device is configured to transfer, on the medical bed, the movable bed board (Calderon: [0044][-0045]; board 14 rolls onto cradle 16 along roller 72; the cradle, slidably received on cradle supporting member 282 of the table, is movable with the board into and out of the imaging system 500 via casters 80)
Regarding claim 8,
Calderon discloses the medical bed apparatus of claim 1, wherein the movable bed board, as a first part of a transfer bed, is detachably mounted on a movable bed body which is a second part of the transfer bed. (Calderon: FIG. 25 (400); see [0058] and [0078]- [0079] specifically “when the table 400 is completely docked with the table 10, pusher knob 190 of second locker 88 is engaged by the end of the table 400 (or a protrusion extending therefrom) to disengage the locker 88, thus allowing the transfer board 14 to move from the table 10 back to the table 400.” )
Regarding claim 9,
Calderon discloses the medical bed apparatus of claim 8, wherein the conveying device is disposed on the medical bed (Calderon: claim 1; cradle 16 “slidably received on the cradle supporting member” 282 of table 10) and the conveying device is detachably docked with at least a portion of the transfer bed via a docking assembly (Calderon: [0047]-[0047]; lockers 86, 88 dock the cradle with the transfer board 14 arriving from the second table 400; docking assembly 284 aligns and locks the tables during the hand-off see [0073])
Regarding claim 10,
Calderon discloses the medical bed apparatus of claim 9, wherein the docking assembly includes a first docking member, (Calderon: FIGS. 12-13 (162,184)) a second docking member, (Calderon: [0054] notches) and a locking mechanism; one of the first docking member and the second docking member is disposed on the movable bed board, and the other of the first docking member and the second docking member is disposed on the conveying device; and the first docking member is configured to dock with the second docking member, and the locking mechanism is configured to connect and lock the first docking member and the second docking member docked with each other. (Calderon: [0054], [0057] spring tab tips 162, 184 (first docking members, on cradle/conveying device) received in first and second notches or grooves in the lower surface 60 of the board (second docking members, on the movable bed board); spring tabs 164, 180 bias the tips into the grooves and the flat-sided surface 166 prevents the board from moving back))
Regarding claim 19,
Calderon a medical system, comprising a medical device and the medical bed apparatus of claim 1, wherein the medical device includes a medical space, a medical bed board of the medical bed of the medical bed apparatus is configured to pass through the medical space along an axial direction of the medical space. (Calderon: FIG. 25 (500); MRI imaging system 500 with hole 210 (i.e. the medical space))
Claim(s) 1-2, 8-10, 13 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Publication No. 115998532 issued to Wang.
Regarding claim 1,
Wang discloses a medical bed apparatus, comprising a medical bed, (Wang: FIG. 1 (300, 310, 320) a sickbed assembly 300 with an inspection bed 310 and a driving structure 320) a movable bed board, (Wang: FIG. 1 (111) bed plate 111) and a conveying device; wherein the conveying device is detachably docked with the movable bed board, and the conveying device is configured to transfer, on the medical bed, the movable bed board. (Wang: FIGS. 1-2 (120, 121, 122, 320) see also page 13; driving structure 320 with connection structure 120 (i.e. connection member 121 detachably engages matching part 122 to couple inspection bed 310 to bed plate 111) engages matching part 122 to couple inspection bed 310 to bed plate 111)
Regarding claim 2,
Wang discloses the medical bed apparatus of claim 1, wherein the medical bed includes a medical bed board and a support device, and the support device is configured to drive the medical bed board to move in multiple degrees of freedom. (Wang: see page 11, driving structure 320 raises/lowers 310 and drives it into/out of hole 210)
Regarding claim 8,
Wang discloses the medical bed apparatus of claim 1, wherein the movable bed board, as part of a transfer bed is detachably mounted on a movable bed body, which is another part of the transfer bed. (Wang: FIGS. 1, 3, 5-6 (110, 111, 112), 111 is movably disposed on 112)
Regarding claim 9,
Wang discloses the medical bed apparatus of claim 8, wherein the conveying device is disposed on the medical bed (Wang: FIG. 1 (320) disposed on (310)) and the conveying device is detachably docked with at least a portion of the transfer bed via a docking assembly. (Wang: FIG. 1 (120) docks (310) with (111) of (110))
Regarding claim 10,
Wang discloses the medical bed apparatus of claim 9, wherein the docking assembly includes a first docking member, a second docking member, and a locking mechanism; one of the first docking member and the second docking member is disposed on the movable bed board, and the other of the first docking member and the second docking member is disposed on the conveying device; and the first docking member is configured to dock with the second docking member, and the locking mechanism is configured to connect and lock the first docking member and the second docking member docked with each other. (Wang: FIG. 2 (121, 122); connection member 121 (first docking member) disposed at the end of bed board 111, and matching portion 121 (second docking member) is disposed at the end portion of (310) facing the service side)
Regarding claim 13,
Wang discloses the medical bed apparatus of claim 10, wherein the first docking member includes at least one hook, (Wang: pages 7-8 “connecting part 121 has a hook part, hook part is hooked on the matching part 122”) and the second docking member includes at least one docking groove; (Wang: FIG. 4 see pages 7-8 (122) is a groove) the at least one hook is provided on one of the conveying device and the movable bed board, and the at least one docking groove is provided on another one of the conveying device and the movable bed board; (Wang: FIG. 4, (121) disposed at (111) and (122) disposed at (310) examiner notes that Wang contemplates the reverse placement “Of course, in other embodiments of the present invention, the matching part 122 also can be a hook or other structure capable of matching with the hook part of the connecting part 121. “) and the at least one hook is capable of being connected with or disconnected from the at least one docking groove by rotation. (Wang: FIGS. 2 and 4 show (121) rotated in different positions one to attach the other to detach)
Regarding claim 20
Wang discloses a medical method using the medical system of claim 19 for medical therapy or medical imaging, comprising: transferring the movable bed board through the conveying device of the medical bed apparatus; (Wang: page 12 the position of transfer bed 110 is obtained and when the transfer bed enters/exits from the service side, the bed board 111 is connected with 310 which is driven to the opening 210) placing the movable bed board onto the medical bed board of the medical bed of the medical bed apparatus at a position within the medical space of the medical device; adjusting a position of a subject by driving, using a support device of the medical bed, the medical bed board to move; (Wang: pages 12-13, 121 couples 111 to 310 so that when 320 drives 310 toward the patient side, 310 carries 111 to 210.) and performing a medical operation on the subject using the medical device. (Wang: page 1, imaging machine performs an image of the patient i.e. MRI)
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) 14 and 16 are rejected under 35 U.S. C. 103 over Wang in view of U.S. Patent No. 7644458 issued to Foster.
Regarding claim 14,
Wang discloses the medical bed apparatus of claim 13.
Wang does not appear to disclose further comprising at least one resilient member and an unlocking member; wherein the at least one hook is disposed on the unlocking member, and the at least one resilient member is arranged between the conveying device and the unlocking member.
However, Foster discloses further comprising at least one resilient member (Foster: FIG. 14 (550)) and an unlocking member; (Foster: FIG. 15 (530)) wherein the at least one hook is disposed on the unlocking member, (Foster: FIGS. 13-17, latch fingers 511, 512) with radiused hook portions 511b and 512b are fixedly secured to rotating sleeve (530)) and the at least one resilient member is arranged between the conveying device and the unlocking member. (Foster: FIG. 14 (550) connected to crossbar 532 and lower ends connected to 461 biasing the latch fingers into latching)
It would have been obvious for a PHOSITA before the effective filng date of the claimed invention to provide Wang’s pivotable hook on a spring-biased unlocking member as taught by Foster, so the hook self-engages upon docking and is positively retained against inadvertent release while remaining releasable by the operator through the handle.
Regarding claim 16,
Wang in view of Foster discloses the medical bed apparatus of claim 14, wherein each of the at least one hook is provided with a first guiding slope, (Foster: col. 11 lines 45-49 “Each of the three fingers 511 and 512, 512 includes upwardly ramped forwardly presenting surfaces 511a and 512a, 512a respectively, and radiused hook portions 511b and 512b, 512b respectively. “) the movable bed board is provided with a guiding member, (Foster: FIG. 16 (544)) the guide member and the at least one docking groove (Foster: FIG. 16 space between (545) and (543)) are arranged along a conveying direction of the conveying device, (Wang: the examiner notes that Wang contemplates the reverse placement “Of course, in other embodiments of the present invention, the matching part 122 also can be a hook or other structure capable of matching with the hook part of the connecting part 121. “) and the guide member cooperates with the first guiding slope. (Foster: FIG. 16)
Claim(s) 17 and 18 are rejected under 35 U.S. C. 103 over Wang in view of U.S. Publication No. 20060133580 issued to Vezina.
Regarding claim 17,
Wang discloses the medical bed apparatus of claim 1.
Wang does not appear to disclose a lifting platform, wherein the lifting platform is disposed on the medical bed and is capable of being raised and lowered.
However, Vezina discloses a lifting platform, wherein the lifting platform is disposed on the medical bed and is capable of being raised and lowered. (Vezina: FIGS. 1-3, (22, 12) mounted on top of telescoping cylinders (24))
It would have been obvious for a PHOSITA before the effective filng dateof the claimed invention to dispose a lifting platform on the medical bed of Wang for receiving the movable bed board in order “to align the platform with a further support surface” (Vezina: [0042]) and providing the reception surface as a liftable platform permits the board to be lifted clear for docking and lowered for transfer.
Regarding claim 18,
Wang in view of Vezina discloses the medical bed apparatus of claim 17, wherein the lifting platform includes a lifting seat, (Vezina: FIG. 2 (22, 9, 8,8’) a lifting drive mechanism, (Vezina: FIG. 2 (24, 24’, 29, 30) and a bed frame; the bed frame is fixed to the lifting seat, (Vezina: FIG. 2 (12, 13) (13) secured on frame (22) via hinge (112) and (110)) the movable bed board is detachably disposed on the bed frame, (Vezina: 11 rests on (17) and (13) and is releasbly secured via (35)) and the lifting seat is connected to the medical bed; (Vezina: FIG. 2 (12, 13) (13) secured on frame (22) via hinge (112) and (110)) and the lifting drive mechanism is drivingly connected to the lifting seat. (Vezina: FIG. 2)
Claim 11 is rejected under 35 U.S.C. 103 over Calderon in view of U.S. Patent No. 5475884 issued to Kirmse.
Regaridng claim 11,
Wang discloses the medical bed apparatus of claim 9, wherein the docking assembly includes a gap between the movable bed board (Wang: page 11 1122 and 111 of the transfer bed have a “containing space”)
Wang does not appear to disclose wherein the docking assembly includes a receiving plate and a gap, the receiving plate is disposed on the conveying device, the gap is located between the movable bed body and the movable bed board, and the receiving plate is capable of being inserted into the gap to support the movable bed board.
However, Kirmse discloses wherein the docking assembly includes a receiving plate and a gap, the receiving plate is disposed on the conveying device, the gap is located between the movable bed body and the movable bed board, and the receiving plate is capable of being inserted into the gap to support the movable bed board. (Kirmse: FIGS. 1-2, (5) is located in the gap which acts as a “second bearing or support plate on which the examination subject can be directly placed” )
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to configure the couch/receiving plate of Wang’s conveying device to be inserted into the accommodating gap of Wang’s transfer bed and to receive the movable bed board thereon by relative vertical movement as taught by Kirmse since this eliminates separate acquisition and mounting of a support plate, shortens preparation time, allows one person to effect the transfer, and moves the patient without lifting or disturbing them (Kirmse: col. 1-2)
Claims 3-4 are rejected under 35 U.S.C. 103 over Calderon in view of Chinese Publication No. 208990083 issued to Li.
Regarding claim 3,
Calderon discloses the medical bed apparatus of claim 2.
Calderon does not appear to disclose wherein the support device is configured to drive the medical bed board to move along three orthogonal directions; or the support device is configured to drive the medical bed board to move in six degrees of freedom.
However, Li discloses wherein the support device is configured to drive the medical bed board to move along three orthogonal directions; or the support device is configured to drive the medical bed board to move in six degrees of freedom. (Li: FIG. 1-3 (1, 2, 3) six telescoping devices (3) arranged between (2) and (1))
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to modify Calderon by providing the table with the six-actuator, six-degree-of-freedom support platform as taught in Li, since all the claimed elemetns were known in the prior art and one skill in the art could have combined the elements by known methods with no change in their respective functions with a reasonable expectation of success since the actuators achieve omnidirectional control and precise positioning of the bed board with a simple structure occupying little space and with strong, evenly distributed load-bearing capacity. (Li: Abstract, and page 4)
Regarding claim 4,
Calderon discloses the medical bed apparatus of claim 2.
Calderon does not appear to disclose wherein the support device includes a plurality of telescopic rods; wherein for each of the plurality of telescopic rods, one end of the telescopic rod is connected with the medical bed board via a first hinge seat, and the other end of the telescopic rod is connected with a second hinge seat; and a portion of the plurality of telescopic rods is connected to one end of the medical bed board, and another portion of the plurality of telescopic rods is connected to the other end of the medical bed board.
However, Li discloses wherein the support device includes a plurality of telescopic rods; wherein for each of the plurality of telescopic rods, one end of the telescopic rod is connected with the medical bed board via a first hinge seat, and the other end of the telescopic rod is connected with a second hinge seat; and a portion of the plurality of telescopic rods is connected to one end of the medical bed board, and another portion of the plurality of telescopic rods is connected to the other end of the medical bed board. (Li: FIG. 1-3 (1, 2, 3) six telescoping devices (3) arranged between (2) and (1) with hinge seats (13) at the ends of the bed board)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to modify Calderon by providing the table with the six-actuator, six-degree-of-freedom support platform as taught in Li, since all the claimed elemetns were known in the prior art and one skill in the art could have combined the elements by known methods with no change in their respective functions with a reasonable expectation of success since the actuators achieve omnidirectional control and precise positioning of the bed board with a simple structure occupying little space and with strong, evenly distributed load-bearing capacity. (Li: Abstract, and page 4)
Claim 12 is rejected under 35 U.S.C. 103 over Calderon in view of Chinese Publication No. 114767437 issued to Dong.
Regarding claim 12,
Calderon discloses the medical bed apparatus of claim 10.
Calderon does not appear to disclose wherein the first docking member includes a docking protrusion, and the second docking member includes a docking groove; one of an outer wall of the docking protrusion and an inner wall of the docking groove is provided with a helical groove, and the other of the outer wall of the docking protrusion and the inner wall of the docking groove is provided with a protrusion part capable of being inserted into the helical groove; and the locking mechanism includes a first driving member, and the first driving member is configured to drive the docking protrusion to rotate along an axis of the helical groove, so that the protrusion part moves along the helical groove.
However, Dong discloses wherein the first docking member includes a docking protrusion, (Dong: FIGS. 1-2 (32), top external thread extension 32 inserted top end of adjustment shaft (20)) )and the second docking member includes a docking groove; (Dong: FIG. 1 (15)) one of an outer wall of the docking protrusion and an inner wall of the docking groove is provided with a helical groove, and the other of the outer wall of the docking protrusion and the inner wall of the docking groove is provided with a protrusion part capable of being inserted into the helical groove; (Dong: FIGS. 1-2, threading is present on the protrusion part (32) which gets inserted into a threaded bore (15)) and the locking mechanism includes a first driving member, and the first driving member is configured to drive the docking protrusion to rotate along an axis of the helical groove, so that the protrusion part moves along the helical groove. (Dong: FIGS. 1-2 (3) see pages 4-5 which talks about how the driving member drives the protrusion into the bore or hole)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to employ Dong’s motor-driven screw-type docking protrusion and threaded docking groove in the board-docking arrangement of Calderon, since all claimed elements were known in the prior art and one skilled in the art could have combined them by known methods with no change in their respective functions, with a reasonable expectation of success, since the bed board is mechanically drawn across during transfer under motor power replacing Calderon’s manual rolling of the board onto the cradle with a labor-saving, time-saving motorized transfer. (Dong: Abstract)
Claims 5-7 are rejected under 35 U.S.C. 103 over Calderon in view of Li, further in view of Chinese Publication No. 114876992 issued to Pu.
Regarding claim 5,
Calderon in view of Li discloses the medical bed apparatus of claim 4.
Calderon in view of Li does not appear to disclose wherein the first hinge seats are spaced along a first circumference, and the second hinge seats are spaced apart along a second circumference.
However, Pu discloses wherein the first hinge seats are spaced along a first circumference, and the second hinge seats are spaced apart along a second circumference. (Pu: claim 1, “ rods, the bottom of the bearing platform is provided with six first ball hinge seats on the two pairs of uniformly ring, “ see also FIG. 1)
It would have been obvious to arrange the hinge seats of Calderon in view of Li along first and second circumferences as taught by Pu, in order to distribute the load uniformly among the paired rods and achieve stable large-workspace pose control of the carried platform.
Regarding claim 6,
Calderon in view of Li in view of Pu discloses the medical bed apparatus of claim 4, wherein the support device includes at least three telescopic rods, wherein a portion of the at least telescopic rods is connected with the one end of the medical bed board, and the rest of the at least three telescopic rods is connected with the other end of the medical board. (Pu: FIG. 1 shows the telescopic rods connected at the ends, three on one end, three on the other)
Regarding claim 7,
Calderon in view of Li in view of Pu discloses the medical bed apparatus of claim 4, wherein the support device includes six telescopic rods, two of the six telescopic rods are connected with the one end of the medical bed board, and the remaining four of the six telescopic rods are connected with the other end of the medical bed board; or the support device includes six telescopic rods, three of the six telescopic rods are connected with the one end of the medical bed board, and the remaining three of the six telescopic rods are connected with the other end of the medical bed board. (Pu: FIG. 1 shows the telescopic rods connected at the ends, three on one end, three on the other)
Allowable Subject Matter
Claim 15 is 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.
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.
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, Justin C. Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM C ORTIZ/Primary Examiner, Art Unit 3673
Prosecution Insights