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 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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12502325 in view of the references below explained in the 103 rejections.
Priority
The examiner notes that the effective filing date of the claimed application is 12/22/2025 since the medial hinged portion in both the front and the rear is not supported in the earlier applications 18640148 and 17936171. Only a front hinge is supported but not both the rear and the front therefore U.S. Publication No. 20240261162 is prior art against the claims as they stand.
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) 1-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20240261162 issued to Pannucci in view of U.S. Patent No. 4736960 issued to Batty further in view of U.S. Publication No. 20180297826 issued to Haddix.
Regarding claim 1,
Pannucci discloses a lifting device comprising: a pair of side members movable between a collapsed position and an extended position; (Pannucci: claim 1; [0061], side members 6 telescopically movable between a collapsed position and an extended position see FIGS. 13-14) a top support member having a first end rotatably connected to a top of a first one of the pair of side members, and a second end positioned opposite the first end and removably connected to a top of a second one of the pair of side members; (Pannucci: [0074] bar member 21 extending between the top support members 1, “one end of the bar member 21 may be pivotally attached to one of the top support members 1, and the other end of the bar member 21 may be reversibly attached to the other top support member 1” via bar connector 1320) a front member moveable between a collapsed position and an extended position, the front member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; (Pannucci: [0066] front shield member 30 extending between side members (6) at an upper portion see also [0067] it is pivotally attached at one end to one side member and at a second end to another side member, movable between an extended position and a collapsed position see FIGS. 13 and 14)
Pannucci does not appear to disclose a rear member moveable between a collapsed position and an extended position, the rear member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; and a hoist member that is removably carried by the top support member.
However, Batty discloses a rear member moveable between a collapsed position and an extended position, the rear member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; (Batty: col. 4 lines 25-30 “The wheelchair 10 includes a pair of side frames 12 connected by a folding strut arrangement 14 as well as a folding lock arrangement 16 including a front hinged brace 18 and a rear hinged brace 20.” And col. 4 lines 67- col. 5 line 10 “The front hinged brace 18 is shown in FIG. 9 with a latch 80 for resisting accidental collapse of struts 82. The rear hinged brace 20 is shown in FIG. 10 with parallel struts 84 and a triangulating overcentre linkage 86. It will be appreciated that the front and rear hinged braces 18, 20 are both collapsible while remaining in planes generally perpendicular to the planes of the side frames 12.”)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to modify the collapsible patient-lifting frame of Pannucci to include the rear hinged brace arrangement taught by Batty. A PHOSITA would have been motivated to add a rearward centrally-hinged brace between the upper portions of Pannucci’s side members would reduce the risk of unintended lateral collapse under load (Batty: col. 4 lines 67- col. 5 line 10)
Pannucci in view of Batty does not appear to disclose a removable hoist.
However, Haddix discloses a removable hoist. (Haddix: claim 1 “a support base including a plate, wherein the plate is attached to the hoist; at least one fastener on the support base for removably securing the portable hoist assembly to a first anchoring structure”)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to mount the hoist of Pannucci in view of Batty so as to be removably carried by the top support member via a fastener-secured plate, as taught by Haddix. A PHOSITA would have been motivated to do so since it permits the hoist to be disconnected from its supporting frame and relocated or separately transported as needed, including in the patient-lifting and ambulance context (Haddix: [0003]-[0006])
Regarding claim 2,
Pannucci in view of Batty in view of Haddix discloses the device of claim 1, further comprising a pair of opposing side support members, wherein a first one of the pair of side support members is connected to the first one of the pair of side members and a second one of the pair of side support members is connected to the second one of the pair of side members. (Pannucci: [0050] “arm members 9 connected to upper front facing sides of the side members 6 that may abut sides of the front shield member 30,” see FIGS. 15-17)
Regarding claim 3,
Pannucci in view of batty in view of Haddix discloses the device of claim 1, wherein each of the pair of side members comprises a plurality of side member legs that are in a nested configuration. (Pannucci: [0061] “each side member 6 may include one or more leg members 18 in which may be extending in parallel with one another. Each leg member 18 may be movable between a collapsed position and an extended position, and each leg member 18 may be telescopically movable between the collapsed position and the extended position”)
Regarding claim 4,
Pannucci in view of Batty in view of Haddix discloses the device of claim 3, wherein the nested configuration is defined as upper side member legs of the plurality of side member legs of each of the pair of side members being sized to slidably engage a side member leg positioned therebelow. (Pannucci: [0061] “each side member 6 may include one or more leg members 18 in which may be extending in parallel with one another. Each leg member 18 may be movable between a collapsed position and an extended position, and each leg member 18 may be telescopically movable between the collapsed position and the extended position”)
Regarding claim 5,
Pannucci in view of Batty in view of Haddix discloses the device of claim 4, wherein the collapsed position of each of the pair of side members is defined as at least one of the plurality of side member legs slidably engaging an adjacent one of the plurality of side member legs positioned therebelow so that the upper side member legs are positioned interior to lower side member legs; and wherein the extended position of each of the pair of side members is defined as each of the plurality of side member legs being extended outwardly from the adjacent one of the plurality of side member legs. . (Pannucci: [0061] “each side member 6 may include one or more leg members 18 in which may be extending in parallel with one another. Each leg member 18 may be movable between a collapsed position and an extended position, and each leg member 18 may be telescopically movable between the collapsed position and the extended position”)
Regarding claim 6,
Pannucci in view of Batty in view of Haddix discloses the device of claim 1 wherein the collapsed position of each of the front member and the rear member is defined as the hinged medial portion being moved to bring the first end and the second end in closer proximity to one another. (Batty: col. 5 lines 3-6 front and rear hinged braces 18, 20 “both collapsible while remaining in planes generally perpendicular to the planes of the side frames 12”)
Regarding claim 7,
Pannucci in view of Batty in view of Haddix discloses the device of claim 6 wherein the top support member is moveable between an engaged position and a disengaged position; wherein the engaged position is defined as the top support member being in a substantially horizontal position and the second end of the top support member engaging the upper side portion of the second one of the pair of side members; and wherein the disengaged position is defined as the top support member being in a position other than the substantially horizontal position, the second end of the top support member being disengaged from the upper side portion of the second one of the pair of side members, and the first end of the top support member being rotated in a downwardly direction. (Pannucci: [0077] )
Regarding claim 8,
Pannucci in view of Batty in view of Haddix discloses the device of claim 5 further comprising at least one connecting support member connected to each of the pair of side members. (Pannucci: [0064] “each side member 6 may include a connecting support member 16 on each portion of the side member 6 and/or on each portion of the legs 18 of the side member 6” see also FIGS. 13-14 (16))
Regarding claim 9,
Pannucci in view of Batty in view of Haddix discloses the device of claim 8 further comprising a lock member carried by the at least one connecting member; wherein the lock member is moveable between a locked position and an unlocked position; wherein when in the locked position, the plurality of side member legs are prevented from slidably moving; and wherein when in the unlocked position, the plurality of side member legs can slidably move between the collapsed position and the extended position. (Pannucci: [0064] “a lower one of the two connecting support members 16 may include an engagement member 1310, as illustrated in FIG. 13” see also [0062] “When the engagement member 1310 is in the engaged position, the engagement member 1310 may prevent the leg members 18 and/or the side member 6 that is it attached thereto from moving and/or telescopically moving between the collapsed position and the extended position. When the engagement member 1310 is in the released position, the engagement member 1310 may be configured to allow the leg members 18 and/or the side member 6 that is it attached thereto from moving and/or telescopically moving between the collapsed position and the extended position. In some embodiments of the present invention, without limitation, the engagement member 1310 may comprise a button that when pressed, may move the engagement member 1310 to the released position, and that when the engagement member 1310 button is not being pressed, the engagement member 1310 may automatically move to the engaged position.”)
Regarding claim 10,
Pannucci in view of Batty in view of Haddix discloses the device of claim 1, further comprising at least one wheel member connected to at least one of the pair of side members. (Pannucci: FIG. 13 (1312) see [0078])
Regarding claim 13,
Pannucci in view of Batty discloses the device of claim 11.
Pannucci in view of Batty does not appear to disclose further comprising a hoist member that is removably carried by the top support member.
However, Haddix discloses a removable hoist. (Haddix: claim 1 “a support base including a plate, wherein the plate is attached to the hoist; at least one fastener on the support base for removably securing the portable hoist assembly to a first anchoring structure”)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to mount the hoist of Pannucci in view of Batty so as to be removably carried by the top support member via a fastener-secured plate, as taught by Haddix. A PHOSITA would have been motivated to do so since it permits the hoist to be disconnected from its supporting frame and relocated or separately transported as needed, including in the patient-lifting and ambulance context (Haddix: [0003]-[0006])
Claim(s) 11-12, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20240261162 issued to Pannucci in view of U.S. Patent No. 4736960 issued to Batty.
Regarding claim 11,
Pannucci discloses a lifting device comprising: a pair of side members movable between a collapsed position and an extended position; (Pannucci: claim 1; [0061], side members 6 telescopically movable between a collapsed position and an extended position see FIGS. 13-14) a top support member having a first end rotatably connected to a top of a first one of the pair of side members, and a second end positioned opposite the first end and removably connected to a top of a second one of the pair of side members; (Pannucci: [0074] bar member 21 extending between the top support members 1, “one end of the bar member 21 may be pivotally attached to one of the top support members 1, and the other end of the bar member 21 may be reversibly attached to the other top support member 1” via bar connector 1320) a front member moveable between a collapsed position and an extended position, the front member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; (Pannucci: [0066] front shield member 30 extending between side members (6) at an upper portion see also [0067] it is pivotally attached at one end to one side member and at a second end to another side member, movable between an extended position and a collapsed position see FIGS. 13 and 14) wherein each of the pair of side members comprises a plurality of side member legs that are in a nested configuration; wherein the nested configuration is defined as upper side member legs of the plurality of side member legs of each of the pair of side members being sized to slidably engage a side member leg positioned therebelow; (Pannucci: [0061] “each side member 6 may include one or more leg members 18 in which may be extending in parallel with one another. Each leg member 18 may be movable between a collapsed position and an extended position, and each leg member 18 may be telescopically movable between the collapsed position and the extended position”) wherein the collapsed position of each of the pair of side members is defined as at least one of the plurality of side member legs slidably engaging an adjacent one of the plurality of side member legs positioned therebelow so that the upper side member legs are positioned interior to lower side member legs; wherein the extended position of each of the pair of side members is defined as each of the plurality of side member legs being extended outwardly from the adjacent one of the plurality of side member legs; (Pannucci: [0061] “each side member 6 may include one or more leg members 18 in which may be extending in parallel with one another. Each leg member 18 may be movable between a collapsed position and an extended position, and each leg member 18 may be telescopically movable between the collapsed position and the extended position”) … and wherein the top support member is moveable between an engaged position and a disengaged position; wherein the engaged position is defined as the top support member being in a substantially horizontal position and the second end of the top support member engaging the upper side portion of the second one of the pair of side members; and wherein the disengaged position is defined as the top support member being in a position other than the substantially horizontal position, the second end of the top support member being disengaged from the upper side portion of the second one of the pair of side members, and the first end of the top support member being rotated in a downwardly direction. (Pannucci: [0077] )
Pannucci does not appear to disclose a rear member moveable between a collapsed position and an extended position, the rear member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; and a hoist member that is removably carried by the top support member… wherein the collapsed position of each of the front member and the rear member is defined as the hinged medial portion being moved to bring the first end and the second end in closer proximity to one another;
However, Batty discloses a rear member moveable between a collapsed position and an extended position, the rear member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; (Batty: col. 4 lines 25-30 “The wheelchair 10 includes a pair of side frames 12 connected by a folding strut arrangement 14 as well as a folding lock arrangement 16 including a front hinged brace 18 and a rear hinged brace 20.” And col. 4 lines 67- col. 5 line 10 “The front hinged brace 18 is shown in FIG. 9 with a latch 80 for resisting accidental collapse of struts 82. The rear hinged brace 20 is shown in FIG. 10 with parallel struts 84 and a triangulating overcentre linkage 86. It will be appreciated that the front and rear hinged braces 18, 20 are both collapsible while remaining in planes generally perpendicular to the planes of the side frames 12.”) wherein the collapsed position of each of the front member and the rear member is defined as the hinged medial portion being moved to bring the first end and the second end in closer proximity to one another; (Batty: col. 5 lines 3-6 front and rear hinged braces 18, 20 “both collapsible while remaining in planes generally perpendicular to the planes of the side frames 12”)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to modify the collapsible patient-lifting frame of Pannucci to include the rear hinged brace arrangement taught by Batty. A PHOSITA would have been motivated to add a rearward centrally-hinged brace between the upper portions of Pannucci’s side members would reduce the risk of unintended lateral collapse under load (Batty: col. 4 lines 67- col. 5 line 10)
Regarding claim 12,
Pannucci in view of Batty discloses the device of claim 11, further comprising a pair of opposing side support members, wherein a first one of the pair of side support members is connected to the first one of the pair of side members and a second one of the pair of side support members is connected to the second one of the pair of side members. (Pannucci: [0050] “arm members 9 connected to upper front facing sides of the side members 6 that may abut sides of the front shield member 30,” see FIGS. 15-17)
Regarding claim 14,
Pannucci in view of Batty in view of Haddix discloses the device of claim 11 further comprising at least one connecting support member connected to each of the pair of side members. (Pannucci: [0064] “each side member 6 may include a connecting support member 16 on each portion of the side member 6 and/or on each portion of the legs 18 of the side member 6” see also FIGS. 13-14 (16))
Regarding claim 15,
Pannucci in view of Batty in view of Haddix discloses the device of claim 14 further comprising a lock member carried by the at least one connecting member; wherein the lock member is moveable between a locked position and an unlocked position; wherein when in the locked position, the plurality of side member legs are prevented from slidably moving; and wherein when in the unlocked position, the plurality of side member legs can slidably move between the collapsed position and the extended position. (Pannucci: [0064] “a lower one of the two connecting support members 16 may include an engagement member 1310, as illustrated in FIG. 13” see also [0062] “When the engagement member 1310 is in the engaged position, the engagement member 1310 may prevent the leg members 18 and/or the side member 6 that is it attached thereto from moving and/or telescopically moving between the collapsed position and the extended position. When the engagement member 1310 is in the released position, the engagement member 1310 may be configured to allow the leg members 18 and/or the side member 6 that is it attached thereto from moving and/or telescopically moving between the collapsed position and the extended position. In some embodiments of the present invention, without limitation, the engagement member 1310 may comprise a button that when pressed, may move the engagement member 1310 to the released position, and that when the engagement member 1310 button is not being pressed, the engagement member 1310 may automatically move to the engaged position.”)
Regarding claim 16,
Pannucci discloses a lifting device comprising: a pair of side members movable between a collapsed position and an extended position; (Pannucci: claim 1; [0061], side members 6 telescopically movable between a collapsed position and an extended position see FIGS. 13-14) a top support member having a first end rotatably connected to a top of a first one of the pair of side members, and a second end positioned opposite the first end and removably connected to a top of a second one of the pair of side members; (Pannucci: [0074] bar member 21 extending between the top support members 1, “one end of the bar member 21 may be pivotally attached to one of the top support members 1, and the other end of the bar member 21 may be reversibly attached to the other top support member 1” via bar connector 1320) a front member moveable between a collapsed position and an extended position, the front member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; (Pannucci: [0066] front shield member 30 extending between side members (6) at an upper portion see also [0067] it is pivotally attached at one end to one side member and at a second end to another side member, movable between an extended position and a collapsed position see FIGS. 13 and 14) and a plurality of wheel members each connected to a lower portion of each of the pair of side members; (Pannucci: FIG. 13 (1312) see [0078]) and at least one connecting support member connected to each of the pair of side members. (Pannucci: [0064] “each side member 6 may include a connecting support member 16 on each portion of the side member 6 and/or on each portion of the legs 18 of the side member 6” see also FIGS. 13-14 (16)) and a lock member carried by the at least one connecting member; wherein the lock member is moveable between a locked position and an unlocked position; wherein when in the locked position, the plurality of side member legs are prevented from slidably moving; and wherein when in the unlocked position, the plurality of side member legs can slidably move between the collapsed position and the extended position … (Pannucci: [0064] “a lower one of the two connecting support members 16 may include an engagement member 1310, as illustrated in FIG. 13” see also [0062] “When the engagement member 1310 is in the engaged position, the engagement member 1310 may prevent the leg members 18 and/or the side member 6 that is it attached thereto from moving and/or telescopically moving between the collapsed position and the extended position. When the engagement member 1310 is in the released position, the engagement member 1310 may be configured to allow the leg members 18 and/or the side member 6 that is it attached thereto from moving and/or telescopically moving between the collapsed position and the extended position. In some embodiments of the present invention, without limitation, the engagement member 1310 may comprise a button that when pressed, may move the engagement member 1310 to the released position, and that when the engagement member 1310 button is not being pressed, the engagement member 1310 may automatically move to the engaged position.”) wherein the top support member is moveable between an engaged position and a disengaged position; wherein the engaged position is defined as the top support member being in a substantially horizontal position and the second end of the top support member engaging the upper side portion of the second one of the pair of side members; and wherein the disengaged position is defined as the top support member being in a position other than the substantially horizontal position, the second end of the top support member being disengaged from the upper side portion of the second one of the pair of side members, and the first end of the top support member being rotated in a downwardly direction. (Pannucci: [0077] )
Pannucci does not appear to disclose a rear member moveable between a collapsed position and an extended position, the rear member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; and a hoist member that is removably carried by the top support member… wherein the collapsed position of each of the front member and the rear member is defined as the hinged medial portion being moved to bring the first end and the second end in closer proximity to one another.
However, Batty discloses a rear member moveable between a collapsed position and an extended position, the rear member having a first end connected to an upper side portion of the first one of the pair of side members, a second end connected to an upper side portion of the second one of the pair of side members, and a medial hinged portion; (Batty: col. 4 lines 25-30 “The wheelchair 10 includes a pair of side frames 12 connected by a folding strut arrangement 14 as well as a folding lock arrangement 16 including a front hinged brace 18 and a rear hinged brace 20.” And col. 4 lines 67- col. 5 line 10 “The front hinged brace 18 is shown in FIG. 9 with a latch 80 for resisting accidental collapse of struts 82. The rear hinged brace 20 is shown in FIG. 10 with parallel struts 84 and a triangulating overcentre linkage 86. It will be appreciated that the front and rear hinged braces 18, 20 are both collapsible while remaining in planes generally perpendicular to the planes of the side frames 12.”) wherein the collapsed position of each of the front member and the rear member is defined as the hinged medial portion being moved to bring the first end and the second end in closer proximity to one another. (Batty: col. 5 lines 3-6 front and rear hinged braces 18, 20 “both collapsible while remaining in planes generally perpendicular to the planes of the side frames 12”)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to modify the collapsible patient-lifting frame of Pannucci to include the rear hinged brace arrangement taught by Batty. A PHOSITA would have been motivated to add a rearward centrally-hinged brace between the upper portions of Pannucci’s side members would reduce the risk of unintended lateral collapse under load (Batty: col. 4 lines 67- col. 5 line 10)
Regarding claim 17,
Pannucci in view of Batty discloses the device of claim 16, further comprising a pair of opposing side support members, wherein a first one of the pair of side support members is connected to the first one of the pair of side members and a second one of the pair of side support members is connected to the second one of the pair of side members. (Pannucci: [0050] “arm members 9 connected to upper front facing sides of the side members 6 that may abut sides of the front shield member 30,” see FIGS. 15-17)
Regarding claim 18,
Pannucci in view of Batty discloses the device of claim 16, wherein each of the pair of side members comprises a plurality of side member legs that are in a nested configuration. (Pannucci: [0061] “each side member 6 may include one or more leg members 18 in which may be extending in parallel with one another. Each leg member 18 may be movable between a collapsed position and an extended position, and each leg member 18 may be telescopically movable between the collapsed position and the extended position”)
Regarding claim 19,
Pannucci in view of Batty discloses the device of claim 18, wherein the nested configuration is defined as upper side member legs of the plurality of side member legs of each of the pair of side members being sized to slidably engage a side member leg positioned therebelow. (Pannucci: [0061] “each side member 6 may include one or more leg members 18 in which may be extending in parallel with one another. Each leg member 18 may be movable between a collapsed position and an extended position, and each leg member 18 may be telescopically movable between the collapsed position and the extended position”)
Regarding claim 20,
Pannucci in view of Batty discloses the device of claim 19, wherein the collapsed position of each of the pair of side members is defined as at least one of the plurality of side member legs slidably engaging an adjacent one of the plurality of side member legs positioned therebelow so that the upper side member legs are positioned interior to lower side member legs; and wherein the extended position of each of the pair of side members is defined as each of the plurality of side member legs being extended outwardly from the adjacent one of the plurality of side member legs. . (Pannucci: [0061] “each side member 6 may include one or more leg members 18 in which may be extending in parallel with one another. Each leg member 18 may be movable between a collapsed position and an extended position, and each leg member 18 may be telescopically movable between the collapsed position and the extended position”)
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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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.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673
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