DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of the Species of Fig. 3B in the reply filed on July 28, 2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 39-45 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 39 recites the limitation "the handlebar" in line 2. There is insufficient antecedent basis for this limitation in the claim.
With regard to claims 40-45, in that claims 40-45 depend from claim 39, either directly or indirectly, claims 40-45 are similarly rejected.
Claim 40 recites the limitation "the handlebar" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 32, 38, 46, and 49 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 7,003,820 (Iura et al. hereinafter).
With regard to claim 32, Iura et al. discloses a mobility assistive device (1) to provide mobility assistance to a user positioned in a seated position comprising:
a main frame (4);
an arm rest (47) coupled to the main frame (4), the arm rest (47) configured to move along a horizontal plane of the main frame (4) and along a vertical axis of the main frame (4) (col. 5 line 45-col. 6 line 3 discloses that rotation of the lever (26) moves the framework (17) up and down, as the arm rests are connected to the framework (17), they also move up and down);
a back rest (48) coupled to the arm rest (47), the back rest (48) configured to support a portion of the body of the user;
a seat movably coupled to the main frame (4) and configured to move about the main frame (4) in a two-dimensional scooping motion, the seat comprising:
a left seat section (32);
a right seat section (32) (Fig. 1); and
a seat movement mechanism (Fig.’s 5 and 7) comprising at least one actuator (12), the seat movement mechanism-configured to:
move the left seat section (32) and the right seat section (32) along the vertical axis of the main frame (4) using the at least one actuator (12); and
simultaneously rotate the left seat section (32) and the right seat section (32) about a horizontal axis of the main frame (4), performing a two-dimensional scooping motion to form the seat conforming to a shape of the user; and
at least one lifting mechanism coupled to the seat and the main frame (4), the at least one lifting mechanism being configured to move the seat, the arm rest (47), and the back rest (48) along the vertical axis of the main frame (4).
With regard to claim 38, Iura et al. discloses the mobility assistive device (1) of claim 32, further comprising:
at least one support leg (6) attached to the main frame (4); and
at least one selectively rolling wheel (2, 3) disposed on the at least one support leg (6) and configured to allow the user to move the mobility assistive device (1).
With regard to claim 46, Iura et al. discloses the mobility assistive device (1) of claim 32, wherein the backrest (48) is configured to support:
a lower back region of the user's body; or
a region of the user's body directly under the user's arms (Fig. 14.
With regard to claim 49, Iura et al. discloses the mobility assistive device (1) of claim 32, further comprising a handlebar (46) movably coupled to the main frame (4) and a handlebar (46) lifting mechanism (26) operably coupled to the handlebar (46), the handlebar (46) configured to:
move along the vertical axis of the main frame (4) via the at least one lifting mechanism (26); and
assist the user to lift the body of the user from the seated position.
Allowable Subject Matter
Claim 51 is allowed.
Claims 33-37 and 50 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.
With regard to claims 39-45, although no art rejection is being put forth at this time, patentability is reserved pending Applicant’s response to the 35 U.S.C. 112 rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP’s 8,636,298, 5,405,187, and 2,854,673 as well as USPAP’s 2024/0245566, 2022/0313510, 2021/0330524, 2011/0227379, 2009/0249544, and 2006/0213007 show mobility assistive devices similar to that claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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.
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/AARON R EASTMAN/ Primary Examiner, Art Unit 3673
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