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 .
Status of the Application
Claims 1—7, 31, 33—39, 41 & 42 have been examined in this application. Claims 40 has been canceled. This communication is a Non-Final Rejection in response to Applicants “Request for Continued Examination (RCE)” filed [08/21/2025].
Claim Rejections - 35 USC § 103
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 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) 1—7 and 33—39, 41 & 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of U.S Patent Application 2020/0060912 A1 to Hollabaugh et. al (Hollabaugh hereafter) in further view of U.S Patent Application 2018/0353360 A1 to Kea et. al. (Kea hereafter) in further view of U.S Patent 6,145,143 A to Hicks (Hicks hereafter).
As per claim 1, Hollabaugh teaches:
A method for reprocessing
a patient positioning system (para [0084]: patient support refurbishing system), the patient positioning system comprising an inflatable device (see 16—Fig.9; para [0041]) and a high-friction pad (see 26—Fig.1; para [0054] pad coated with material of high friction) configured to attach to the inflatable device (see para [0041]), the method comprising: removing the high-friction pad from the inflatable device (para [0084]: method for reprocessing the patient support refurbishing system includes replacing i.e. removing and substituting any components of the system including high friction pad 26); at least one of cleaning or sterilizing the inflatable device (para [0084]: method for reprocessing the patient support refurbishing system includes decontaminating i.e. cleaning any components of the system including inflatable device); and providing a replacement for at least one component of the patient positioning system (para [0084]: method for reprocessing the patient support refurbishing system includes replacing i.e. removing and substituting any components of the system including high friction pad 26)
Hollabaugh does not teach by removing a first portion of the high-friction pad from the inflatable device, and after removing the first portion from the inflatable device, removing a second portion of the high-friction pad from the inflatable device; [at least one of cleaning or sterilizing the inflatable device] after removing the high- friction pad from the inflatable device; and providing a replacement for at least one component of the patient positioning system after at least one of cleaning the inflatable device or sterilizing the inflatable device.
Kea teaches: [removing the high-friction pad from the inflatable device] by removing a first portion of the high-friction pad from the inflatable device (42—Fig.8; para [0068]), and after removing the first portion from the inflatable device (para [0068]), removing a second portion of the high-friction pad from the inflatable device (44—Fig.8; para [0068]);
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hollabaugh (directed to a method for reprocessing a patient positioning system) and Kea (directed to removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device) and arrived at a patient positioning system method including removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device. One of ordinary skill in the art would have been motivated to make such a combination to allow a healthcare provider to remove the high-friction pad while in use with a patient as taught in Kea (para [0068]).
Hollabaugh as modified does not teach [at least one of cleaning or sterilizing the inflatable device] after removing the high- friction pad from the inflatable device; and providing a replacement for at least one component of the patient positioning system after at least one of cleaning the inflatable device or sterilizing the inflatable device.
Hicks teaches, [at least one of cleaning or sterilizing the inflatable device] after removing the high-friction pad from the inflatable device (Col 5 Lines 46—50: friction pad 11 may be removed and inflatable device 13 may be cleaned); [and providing a replacement for at least one component of the patient positioning system] after at least one of cleaning the inflatable device or sterilizing the inflatable device (Col 13 Lines 29—42: device can be cleaned and cover 11 may be secured).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hollabaugh (directed to a method for reprocessing a patient positioning system) Kea (directed to removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device) and Hicks (directed to a patient positioning system with, at least one of cleaning or sterilizing the inflatable device after removing the high-friction pad from the inflatable device) and arrived at a patient positioning system with, at least one of cleaning or sterilizing the inflatable device after removing the high-friction pad from the inflatable device. One of ordinary skill in the art would have been motivated to make such a combination to facilitate convenient removal for cleaning, adjustment or other required maintenance to the system as taught in Hicks (Col 5 Lines 46—50).
As per claim 2, Hollabaugh (as modified) teaches:
The method of claim 1, wherein providing the replacement for the at least one component of the patient positioning system comprises providing a second high-friction pad to replace the high-friction pad (para [0084]: method for reprocessing the patient support refurbishing system includes replacing i.e. removing and substituting any components of the system including high friction pad 26).
As per claim 3, Hollabaugh (as modified) teaches:
The method of claim 2, further comprising securing the second high- friction pad to the inflatable device (para [0043]).
As per claim 4, Hollabaugh (as modified) teaches:
The method of claim 2, further comprising packaging the second high-friction pad and the inflatable device (para [0084]: method for reprocessing the patient support refurbishing system includes repackaging any part of the system including high friction pad 26).
As per claim 5, Hollabaugh (as modified) teaches:
The method of claim 1, further comprising repairing a component of the patient positioning system (para [0084]: method for reprocessing the patient support refurbishing system includes repairing any part of the system).
As per claim 6, Hollabaugh (as modified) teaches:
The method of claim 5, wherein repairing the component of the patient positioning system comprises repairing the inflatable device (para [0084]: method for reprocessing the patient support refurbishing system includes repairing any part of the system including inflatable device).
As per claim 7, Hollabaugh (as modified) teaches The method of claim 1.
Hollabaugh as modified does not teach, wherein the high-friction pad is made of at least one of open cell foam or gel impregnated polyether foam.
Kea teaches wherein the high-friction pad is made of at least one of open cell foam or gel impregnated polyether foam (claim 10).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hollabaugh (directed to a method for reprocessing a patient positioning system) and Kea (directed to removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device) and arrived at a patient positioning system with a high friction pad made of at least one of open cell foam. One of ordinary skill in the art would have been motivated to make such a combination to provide a material capable of absorbing fluids that may be generated by the patient as taught in Kea (para [0061]).
As per claim 33, Hollabaugh (as modified) teaches:
The method of claim 1, wherein providing the replacement for the at least one component of the patient positioning system comprises providing a second high-friction pad to replace the high-friction pad (para [0084]: method for reprocessing the patient support refurbishing system includes replacing i.e. removing and substituting any components of the system including high friction pad 26).
As per claim 34, Hollabaugh (as modified) teaches:
The method of claim 33, further comprising securing the second high-friction pad to the inflatable device (para [0043]).
As per claim 35, Hollabaugh (as modified) teaches The method of claim 34.
Hollabaugh as modified does not teach, wherein: removing the high-friction pad from the inflatable device comprises decoupling the high-friction pad from a fastener of the inflatable device; and securing the second high-friction pad to the inflatable device comprises coupling the second high-friction pad to the fastener.
Kea teaches wherein: removing the high-friction pad from the inflatable device comprises decoupling the high-friction pad from a fastener of the inflatable device (claim 18: detaching high friction pad from inflatable device); and securing the second high-friction pad to the inflatable device comprises coupling the second high-friction pad to the fastener(para [0042] high friction pad attached to inflatable pad via fastener).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hollabaugh (directed to a method for reprocessing a patient positioning system) and Kea (directed to removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device with a high friction pad couplable to an inflatable device via a fastener) and Hicks (directed to a patient positioning system with , at least one of cleaning or sterilizing the inflatable device after removing the high-friction pad from the inflatable device) and arrived at a patient positioning system with a first section and the first material is exposed at the second section with a high friction pad couplable to an inflatable device via a fastener. One of ordinary skill in the art would have been motivated to make such a combination to maintain the position of a patient on a support as taught in Kea (para [0042]).
As per claim 36, Hollabaugh (as modified) teaches:
The method of claim 33, further comprising packaging the second high- friction pad and the inflatable device after securing the second high-friction pad to the inflatable device (para [0084]: method for reprocessing the patient support refurbishing system includes repackaging any part of the system including high friction pad 26).
As per claim 37, Hollabaugh (as modified) teaches:
The method of claim 1, wherein the at least one of cleaning or sterilizing the inflatable device is performed on a top surface of the inflatable device (para [0084]: method for reprocessing the patient support refurbishing system includes washing one or more surfaces of the system including inflatable device).
As per claim 38, Hollabaugh (as modified) teaches:
The method of claim 1, further comprising: removing a body pad (para [0067]: system may be provided with 3body pad) before the at least one of cleaning or sterilizing the inflatable device (para [0077]: method includes steps of removing or replacing any element of the system and washing on or more of the system’s surface); and securing the replacement to the patient positioning system after providing the replacement; wherein the replacement comprises a second body pad (para [0077]: method of Kia includes replacing any elements of the system including body pad which may be replaced and secured to the system as taught in U.S. Pat. No. 8,850,634 Col 6 lines 61—67 incorporated by reference to U.S Patent Application 2020/0060912 A1 (para [0067])).
As per claim 39, Hollabaugh (as modified) teaches The method of claim 1
Hollabaugh as modified does not teach, further comprising: removing a chest strap before the at least one of cleaning or sterilizing the inflatable devices; and securing the replacement to the patient positioning system after providing the replacement; wherein the replacement comprises a second chest strap.
Kea teaches further comprising: removing a chest strap (para [0042])before the at least one of cleaning or sterilizing the inflatable device (para [0077]: removing or replacing any element of the system and washing on or more of the system’s surface); and securing the replacement to the patient positioning system after providing the replacement; wherein the replacement comprises a second chest strap (para [0077]: method of Kia includes replacing any elements of the system including chest strap element 56 which may be replaced and secured to the system as taught in para [0042]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hollabaugh (directed to a method for reprocessing a patient positioning system) and Kea (directed to removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device with a high friction pad couplable to an inflatable device via a fastener including removing a chest strap before the at least one of cleaning or sterilizing the inflatable devices) and Hicks (directed to a patient positioning system with , at least one of cleaning or sterilizing the inflatable device after removing the high-friction pad from the inflatable device) and arrived at a patient positioning system replacement method including removing a chest strap before the at least one of cleaning or sterilizing the inflatable devices. One of ordinary skill in the art would have been motivated to make such a combination to provide a system that can be refurbished for reselling and reuse as taught in Kea (para [0077]).
As per claim 41, Hollabaugh (as modified) teaches The method of claim 1.
Hollabaugh does not teach, wherein removing the high-friction pad from the inflatable device further comprises separating the first portion from the second portion before removing the first portion from the inflatable device or while removing the first portion from the inflatable device.
Kea teaches, wherein removing the high-friction pad from the inflatable device further comprises separating the first portion from the second portion before removing the first portion from the inflatable device or while removing the first portion from the inflatable device (42—Fig.8; para [0068]).
Kea teaches: [removing the high-friction pad from the inflatable device] by removing a first portion of the high-friction pad from the inflatable device (42—Fig.8; para [0068]), and after removing the first portion from the inflatable device (para [0068]), removing a second portion of the high-friction pad from the inflatable device (44—Fig.8; para [0068]);
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hollabaugh (directed to a method for reprocessing a patient positioning system) and Kea (directed to removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device) and arrived at a patient positioning system method including removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device. One of ordinary skill in the art would have been motivated to make such a combination to allow a healthcare provider to remove the high-friction pad while in use with a patient as taught in Kea (para [0068]).
As per claim 42, Hollabaugh (as modified) teaches The method of claim 41.
Hollabaugh does not teach, wherein separating the first portion from the second portion comprises tearing the high-friction pad along a perforated separator, the perforated separator separating the first portion from the second portion.
Kea teaches, wherein separating the first portion from the second portion comprises tearing the high-friction pad along a perforated separator (44—Fig.8; para [0068]), the perforated separator separating the first portion from the second portion (para [0068]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hollabaugh (directed to a method for reprocessing a patient positioning system) and Kea (directed to removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device) and arrived at a patient positioning system method including removing the high-friction pad from the inflatable device by removing a first and second portion of the high-friction pad from the inflatable device. One of ordinary skill in the art would have been motivated to make such a combination to allow a healthcare provider to remove the high-friction pad while in use with a patient as taught in Kea (para [0068]).
Allowable Subject Matter
Claim 31 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding dependent claims 31, the closest prior art of record U.S Patent Application 2020/0060912 A1 to Hollabaugh teaches a method for reprocessing a patient positioning system. The combination structure present in claim 31 was not found in U.S. Patent Application 2020/0060912. Specifically, the limitation with respect to “removing a first portion of the high friction pad from the inflatable device and after removing the first portion from the inflatable device, removing a second portion of the high-friction pad from the inflatable device” in combination with the system including “at least one arm wrap extending from a lateral edge of the high-friction pad, wherein the at least one arm wrap is formed of a first material and defines a first section positioned toward the high-friction pad and a second section positioned away from the high-friction pad, where a foam section is coupled with the first material in the first section and the first material is exposed at the second section, wherein the foam section of the at least one arm wrap is configured to removably engage an arm of a patient, and wherein the at least one arm wrap includes a fastening strip configured to removably couple a counterpart fastening strip of the high-friction pad”. In addition further modifying the patient positioning system of Hollabaugh as modified by the teachings of Kea and Hicks teaching one of cleaning or sterilizing the patient positioning system as further modified by Giap and Flatt may be considered hindsight reasoning and non-obvious to one having ordinary skill in the art.
The teachings of U.S. Patent 6,145,143 A to Hicks teaches a patient positioning system with, at least one of cleaning or sterilizing the inflatable device after removing the high-friction pad from the inflatable device. However, teachings were silent with respect to removing a first portion of the high friction pad from the inflatable device and after removing the first portion from the inflatable device, removing a second portion of the high-friction pad from the inflatable device in combination with the at least one arm wrap is formed of a first material and defines a first section positioned toward the high-friction pad and a second section positioned away from the high-friction pad. In addition further modifying the patient positioning system of Hollabaugh as modified by the teachings of Hicks teaching the at least one arm wrap is formed of a first material and defines a first section positioned toward the high-friction pad and a second section positioned away from the high-friction pad as further modified by Giap and Flatt may be considered hindsight reasoning and non-obvious to one having ordinary skill in the art.
The teaching of U.S. Patent Application 2017/0112655 A to Giap teaches a patient positioning system with a foam section attached to the first material in the first section and the first material is exposed at the second section. While Giap may suggest a positioning system with at least one arm wrap extending from a lateral edge of the high-friction pad, wherein the at least one arm wrap is formed of a first material and defines a first section positioned toward the high-friction pad and a second section positioned away from the high-friction pad, the teachings are silent with respect removing a first portion of the high friction pad from the inflatable device and after removing the first portion from the inflatable device, removing a second portion of the high-friction pad from the inflatable device. In addition further modifying the patient positioning system of Hollabaugh as modified by the teachings of Hicks teaching one of cleaning or sterilizing the patient positioning system as further modified by Giap and Flatt may be considered hindsight reasoning and non-obvious to one having ordinary skill in the art.
U.S Patent Application 2018/0353360 A1 to Kea discloses a high-friction pad configured to attach to the top sheet of material, and at least one attachment system configured to maintain the device on a support surface. While Kea teaches removing a first portion of the high friction pad from the inflatable device and after removing the first portion from the inflatable device, the arm wrap teachings of Kea include openings which are configured to allow access to a patients arm while in use. The limitation of claim 31 wherein “wherein the at least one arm wrap is formed of a first material and defines a first section positioned toward the high-friction pad and a second section positioned away from the high-friction pad, where a foam section is coupled with the first material in the first section and the first material is exposed at the second section, wherein the foam section of the at least one arm wrap is configured to removably engage an arm of a patient” would teach away from the configuration of Kea, and further modifications to produce the prescribed arm wrap may be considered hindsight. Therefor upon exhausting the art, it is concluded by the examiner for those reasons stated above that inconsideration with deficiencies of the prior art, that applicant' s invention would be considered non-obvious in light of the prior art.
Response to Arguments
Applicant's arguments filed 02/20/2025 have been fully considered but they are not persuasive.
Applicant’s Arguments:• Regarding the Non-Final Rejection filed on 11/20/2024, the Applicant argues,
1) Regarding Claim 1, Claim 1 has been amended to recite the subject matter of claim 40. Accordingly, claim 1 recites allowable subject matter. The Application is in condition for allowance.
Without agreeing to, or otherwise acquiescing in, the Office's interpretation of the
present Application, Hollabaugh, Hicks, Giap, Flatt, and/or Kea, Applicant has amended claim 1 to recite the allowable subject matter of claim 40. Specifically, as acknowledged by the Office, Hollabaugh, Hicks, Giap, Flatt, and Kea, do not disclose, teach, or suggest at least "removing the high-friction pad from the inflatable device by: removing a first portion of the high-friction pad from the inflatable device, and after removing the first portion from the inflatable device, removing a second portion of the high-friction pad from the inflatable device," as recited in claim 1.
Accordingly, independent claim 1 is allowable in view of Hollabaugh, Hicks, Giap, Flatt, and Kea, alone or in any proper combination. Claims 2-7, 31, 33-39, 41, and 42 depend from claim 1 and are allowable for at least the reason that claims 2-7, 31, 33-39, 41, and 42 depend from an allowable independent claim. Accordingly, reconsideration and withdrawal of the rejections are respectfully requested.
Examiner's Response to Arguments:
• The examiner respectfully disagrees to the Applicant’s Arguments for the following reasons1) Regarding independent claim 1, the examiner relies on the teachings of U.S Patent Application 2020/0060912 A1 to Hollabaugh in view of U.S Patent Application 2018/0353360 A1 to Kea et. al. (Kea hereafter) in further view of U.S Patent 6,145,143 A to Hicks.
The examiner maintains that Hollabaugh teaches the removal of the high friction pad (26) from the inflatable device (16).
It may be appreciated that Hollabaugh as modified by Kea teaches, removing the high-friction pad from the inflatable device, "removing the high-friction pad from the inflatable device by: removing a first portion of the high-friction pad from the inflatable device, and after removing the first portion from the inflatable device, removing a second portion of the high-friction pad from the inflatable device.” One of ordinary skill in the art would have been motivated to make such a combination to allow a healthcare provider to remove the high-friction pad while in use with a patient as taught in Kea (para [0068]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
U.S. Patent Application 2019/0046382 directed to a method of securing a patient onto an operating table when the patient is in a position such as the Trendelenburg position or in a non-inclined position and apparatus therefor including a kit, which kit comprises a viscoelastic pad structured to be used to support and hold a patient on a medical procedure table during a medical procedure performed while the table.
U.S. Patent Application 2019/ 0159843 directed to a pad attaching arm 206 connected to a respective field generation pad.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached on 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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/D.T.G./Examiner, Art Unit 3673 1/7/2025
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673