DETAILED ACTION
This Office action is responsive to communications filed on 11/24/2025. Claims 1-5, 7, 9, 11-13, 22-23 have been amended. Claims 10, 15, 24 are canceled. Claims 25-27 are newly added. Presently, Claims 1-9, 11-14, 16-23, 25-27 remain pending and are hereinafter examined on the merits.
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 .
Response to Arguments
Previous rejections under 35 USC § 112(b) are withdrawn in view of the amendments filed on 11/24/2025.
Previous claim objections are withdrawn in view of the amendments filed on 11/24/2025.
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on Johnson (US 2022/0280366 A1) alone as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new grounds of rejection now relies on Johnson (US 2022/0280366 A1) in view of Ferguson et al. (US 2006/0174895), in view of in view of Mallinger (US 8,181,295).
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 1-9, 11-14, 16-23, 25-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9, 11-17, 20-26 of copending Application No. 18/288,482. Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-9, 11-14, 16-23, 25-27 of the instant application in view of Claims 1-9, 11-17, 20-26 copending Application No. 18/288,482.
Claim 1. Copending Application No. 18/288,482 discloses, An apparatus for supporting an individual, wherein the individual has hips, legs and an upper back, the apparatus having a longitudinal axis and an upper surface, the apparatus comprising: (Claim 1, ‘An apparatus for supporting an individual at least partially positioned within a magnetic resonance imaging (MRI) machine, wherein the individual has hips, legs and an upper back, the apparatus having a longitudinal axis and an upper surface, the apparatus comprising:’
a first bladder that is configured to be positioned beneath the hips of the individual, wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis, wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis, wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to the upper back of the individual; (Claim 1, ‘a first bladder that is configured to be positioned beneath the hips of the individual, wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis, wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis, wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to the upper back of the individual;’)
a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus, (Claim 1, ‘a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus; and’)
wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis; and (Claim 25, ‘The apparatus of claim 1, wherein the first and second bladders overlap along the longitudinal axis.’)
a valve in fluid communication with the first bladder, wherein the valve is configured to selectively allow air from the air supply into the first bladder, (Claim 1, ‘a valve in fluid communication with the first bladder, wherein the valve is configured to selectively allow air from the air supply into the first bladder,’)
wherein the apparatus is nonferrous. (Claim 1, ‘wherein the apparatus is nonferrous.’)
Claim 2. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, further comprising a conduit in fluid communication with the valve, wherein the conduit is configured to communicate air from the air supply to the first bladder. (Claim 2, ‘The apparatus of claim 1, further comprising a conduit in fluid communication with the valve, wherein the conduit is configured to communicate air from the air supply to the first bladder.’)
Claim 3. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, wherein the valve is a first valve, wherein the apparatus further comprises a second valve that is in fluid communication with the bladder and configured to be actuated to release air from the first bladder. (Claim 3, ‘The apparatus of claim 1, wherein the valve is a first valve, wherein the apparatus further comprises a second valve that is in fluid communication with the first bladder and configured to be actuated to release air from the first bladder.’)
Claim 4. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, wherein the first bladder is elongated between the first end and the second end. (Claim 4, ‘The apparatus of claim 1, wherein the first bladder is elongated between the first end and the second end.’)
Claim 5. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, wherein, when the fist bladder is in an inflated condition, the upper surface of the apparatus above the first end of the first bladder is at a greater height than the upper surface of the apparatus above the second end of the first bladder. (Claim 5, ‘wherein, when the first bladder is in an inflated condition, the upper surface of the apparatus above the first end of the first bladder is at a greater height than the upper surface of the apparatus above the second end of the first bladder.’)
Claim 6. Copending Application No. 18/288,482 discloses, The apparatus of claim 5, wherein the apparatus is at least partially wedge-shaped. (Claim 6, ‘The apparatus of claim 5, wherein the apparatus is at least partially wedge-shaped.’)
Claim 7. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, wherein the first bladder is further configured to be positioned beneath the legs of the individual. (Claim 7, ‘The apparatus of claim 1, wherein the first bladder is further configured to be positioned beneath the legs of the individual.’)
Claim 8. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, wherein the upper surface of the apparatus defines longitudinally extending ridges that inhibit the individual from sliding transversely to the longitudinal axis of the apparatus. (Claim 8, ‘The apparatus of claim 1, wherein the upper surface of the apparatus defines longitudinally extending ridges that inhibit the individual from sliding transversely to the longitudinal axis of the apparatus.’)
Claim 9. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, wherein the individual has a lower back and buttocks, wherein, when the is in an inflated condition, the upper surface of the apparatus defines a structured profile that is configured to be complementary to a contour of at least a portion of the buttocks and the lower back of the individual. (Claim 9, ‘The apparatus of claim 1, wherein the individual has a lower back and buttocks, wherein, when the first bladder is in an inflated condition, the upper surface of the apparatus defines a structured profile that is configured to be complementary to a contour of at least a portion of the buttocks and the lower back of the individual.’)
Claim 11. Copending Application No. 18/288,482 discloses, The apparatus of aspect 1, further comprising a rapid deflation system that is configured to, when engaged, open up large openings in both the first and second bladders. (Claim 11, ‘The apparatus of aspect 1, further comprising a rapid deflation system that is configured to, when engaged, open up large openings in both the first and second bladders.‘)
Claim 12. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, wherein the apparatus comprises a valve system, wherein the valve system comprises the valve, wherein the valve system is configured to selectively allow air from the air supply into one of the first or second bladders and selectively release air from the first and second bladders. (Claim 12, ‘The apparatus of claim 1, wherein the apparatus comprises a valve system, wherein the valve system comprises the valve, wherein the valve system is configured to selectively allow air from the air supply into one of the first or second bladders and selectively release air from the first and second bladders. ‘)
Claim 13. Copending Application No. 18/288,482 discloses, A system comprising: (Claim 13, ‘A system comprising: a magnetic resonance imaging (MRI) machine, wherein the MRI machine comprises a bed having a top portion; and’)
a bed having a top portion; and (Claim 13, ‘A system comprising: a magnetic resonance imaging (MRI) machine, wherein the MRI machine comprises a bed having a top portion; and’)
an apparatus positioned on the top portion of the bed, (Claim 13, ‘and an apparatus as in claim 1, wherein the apparatus is positioned on the top portion of the bed.’) the apparatus having a longitudinal axis and an upper surface, (Claim 1, ‘the apparatus having a longitudinal axis and an upper surface’) the apparatus comprising:
a bladder that is configured to be positioned beneath hips of an individual, wherein the bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis, wherein the bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to an upper back of the individual; and (Claim 1, ‘a first bladder that is configured to be positioned beneath the hips of the individual, wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis, wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis, wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to the upper back of the individual;’)
a valve in fluid communication with the bladder, wherein the valve is configured to selectively allow air from the air supply into the bladder, (Claim 1, ‘a valve in fluid communication with the first bladder, wherein the valve is configured to selectively allow air from the air supply into the first bladder,’)
wherein the apparatus is nonferrous, and (Claim 1, ‘wherein the apparatus is nonferrous.’)
wherein the apparatus is configured to rotate about a vertical axis that is perpendicular to the longitudinal axis. (Claim 15, ‘The system of claim 14, wherein the apparatus is configured to rotate about a vertical axis that is perpendicular to the longitudinal axis.’)
Claim 14. Copending Application No. 18/288,482 discloses, The system of claim 13, wherein the apparatus is coupled to the bed. (Claim 14, ‘The system of claim 13, wherein the apparatus is coupled to the bed’)
Claim 16. Copending Application No. 18/288,482 discloses, The system of claim 13, further comprising the air supply. (Claim 16, ‘The system of claim 13, further comprising the air supply.’)
Claim 17. Copending Application No. 18/288,482 discloses, The system of claim 16, wherein the air supply is a pump. (Claim 17, ‘The system of claim 16, wherein the air supply is a pump, a medical gas supply, or hospital air supply line.’)
Claim 18. Copending Application No. 18/288,482 discloses, The system of claim 16, wherein the air supply is a medical gas supply. (Claim 17, ‘The system of claim 16, wherein the air supply is a pump, a medical gas supply, or hospital air supply line.’)
Claim 19. Copending Application No. 18/288,482 discloses, The system of claim 16, wherein the air supply is a hospital air supply line. (Claim 17, ‘The system of claim 16, wherein the air supply is a pump, a medical gas supply, or hospital air supply line.’)
Claim 20. Copending Application No. 18/288,482 discloses, The system of claim 13, further comprising a vacuum supply that is configured to be selectively fluidly coupled to the bladder. (Claim 20, ‘The system of claim 13, further comprising a vacuum supply that is configured to be selectively fluidly coupled to the first bladder.’)
Claim 21. Copending Application No. 18/288,482 discloses, A method comprising: (Claim 21, ‘A method of using the system as in claim 13, the method comprising: ‘) positioning an individual on an apparatus, the apparatus having a longitudinal axis and an upper surface, the apparatus comprising:
(Claim 13, ‘A system comprising: a magnetic resonance imaging (MRI) machine, wherein the MRI machine comprises a bed having a top portion; and an apparatus as in claim 1, wherein the apparatus is positioned on the top portion of the bed.’)
(Claim 1, ‘An apparatus for supporting an individual at least partially positioned within a magnetic resonance imaging (MRI) machine, wherein the individual has hips, legs and an upper back, the apparatus having a longitudinal axis and an upper surface, the apparatus comprising:’)
a first bladder that is configured to be positioned beneath hips of an individual, wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis, wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis, wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to an upper back of the individual; (Claim 1, ‘a first bladder that is configured to be positioned beneath the hips of the individual, wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis, wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis, wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to the upper back of the individual;’)
a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus, (Claim 1, ‘a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus; and’)
wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis; (Claim 25, ‘The apparatus of claim 1, wherein the first and second bladders overlap along the longitudinal axis.’)
a valve in fluid communication with the first bladder, wherein the valve is configured to selectively allow air from the air supply into the first bladder, (Claim 1, ‘a valve in fluid communication with the first bladder, wherein the valve is configured to selectively allow air from the air supply into the first bladder,’)
wherein the apparatus is nonferrous, (Claim 1, ‘wherein the apparatus is nonferrous.’)
positioning the individual so that the hips of the individual are above the first bladder; (Claim 21, ‘the method comprising: positioning the individual so that the hips of the individual are above the first bladder;’)
inflating the first bladder until the hips of the individual are elevated above the upper back of the individual; and (Claim 1, ‘wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to the upper back of the individual;’)
inflating the second bladder to raise shoulders of the individual. (Claim 24, ‘The method of claim 21, further comprising inflating the second bladder to raise the shoulders of the individual.’)
Claim 22. Copending Application No. 18/288,482 discloses, The method of claim 21, further comprising, with the individual at least partially positioned within a magnetic resonance imaging (MRI) machine, generating, using the MRI machine, images of the individual. (Claim 22, ‘The method of claim 21, further comprising, with the individual at least partially positioned within the MRI machine, generating, using the MRI machine, images of the individual.’)
Claim 23. Copending Application No. 18/288,482 discloses, The method of claim 22, the method further comprising: ceasing use of the MRI machine; and deflating the first bladder of the apparatus. (Claim 23, ‘The method of claim 22, the method further comprising: ceasing use of the MRI machine; and deflating the first bladder of the apparatus.’)
Claim 25. Copending Application No. 18/288,482 discloses, The apparatus of claim 1, wherein, when the first bladder is inflated, the upper surface above the first bladder slopes downwardly in the first direction, and the upper surface of the apparatus above the second bladder slopes downwardly in the first direction parallel to the upper surface above the first bladder, and wherein, when the second bladder is inflated, the upper surface above the second bladder slopes upwardly in the first direction, and the upper surface above the first bladder that is not above the second bladder is parallel with the longitudinal axis. (Claim 26, ‘wherein, when the first bladder is inflated, the upper surface above the first bladder slopes downwardly in the first direction, and wherein, when the second bladder is inflated, the upper surface above the second bladder slopes upwardly in the first direction.’)(Claim 1, ‘wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus; and’)
Claim 26. Copending Application No. 18/288,482 discloses, wherein the bladder is a first bladder, (Claim 13, ‘A system comprising: a magnetic resonance imaging (MRI) machine, wherein the MRI machine comprises a bed having a top portion; and an apparatus as in claim 1, wherein the apparatus is positioned on the top portion of the bed.’) wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in a first direction along the longitudinal axis, wherein the apparatus further comprises: (Claim 1, ‘a first bladder that is configured to be positioned beneath the hips of the individual, wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis, wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis, wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to the upper back of the individual;’)
a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus, (Claim 1, ‘a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus; and’)
wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis. (Claim 25, ‘The apparatus of claim 1, wherein the first and second bladders overlap along the longitudinal axis.’)
Claim 27. Copending Application No. 18/288,482 discloses, The system of claim 26, wherein, when the first bladder is inflated, the upper surface above the first bladder slopes downwardly in the first direction, and the upper surface of the apparatus above the second bladder slopes downwardly in the first direction parallel to the upper surface above the first bladder, and wherein, when the second bladder is inflated, the upper surface above the second bladder slopes upwardly in the first direction, and the upper surface above the first bladder that is not above the second bladder is parallel with the bed. (Claim 26, ‘wherein, when the first bladder is inflated, the upper surface above the first bladder slopes downwardly in the first direction, and wherein, when the second bladder is inflated, the upper surface above the second bladder slopes upwardly in the first direction.’)(Claim 1, ‘wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus; and’)
Claim Objections
The following claims are objected to because of the following informalities and should recite:
Claim 22: “a magnetic resonance imaging (MRI) machine”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 13-14, 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US 2022/0280366 A1).
Claim 13: Johnson discloses, A system comprising: (see fig. fig. 1B, 3A, 3B and 4B; ¶0025)
a bed having a top portion; and (¶0028, ¶0029) (see fig. 4A-B)
an apparatus positioned on the top portion of the bed (¶0028-0029), the apparatus having a longitudinal axis and an upper surface, the apparatus comprising: (see 1B, 3A, 3B and 4B)
a bladder that is configured to be positioned beneath hips of an individual (¶0033, ¶0043), wherein the bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis (see fig. 1B, 3A, 3B and 4B), wherein the bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to an upper back of the individual (see fig. 1B, 3A, 3B and 4B; ¶0045, ¶0046, ¶0047, ¶0055); and
a valve in fluid communication with the bladder, wherein the valve is configured to selectively allow air from the air supply into the bladder, (¶0045)
wherein the apparatus is nonferrous, and (¶0027)
wherein the apparatus is configured to rotate about a vertical axis that is perpendicular to the longitudinal axis. (see fig. 3A-3E)
Claim 14: Johnson discloses all the elements above in claim 13, Johnson discloses, wherein the apparatus is coupled to the bed. (¶0029, ¶0045)
Claim 16: Johnson discloses all the elements above in claim 13, Johnson discloses, further comprising the air supply. (see 365 in fig. 3A; ¶0045)
Claim 17: Johnson discloses all the elements above in claim 16, Johnson discloses, wherein the air supply is a pump. (¶0045)
Claim 18: Johnson discloses all the elements above in claim 16, Johnson discloses wherein the air supply is a medical gas supply. (¶0046, ¶0055)
Claim 19: Johnson discloses all the elements above in claim 16, Johnson discloses wherein the air supply is a hospital air supply line. (¶0046, ¶0055)
Claim 20: Johnson discloses all the elements above in claim 13, Johnson discloses further comprising a vacuum supply that is configured to be selectively fluidly coupled to the bladder. (¶0043, ¶0047)
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9, 11-12, 21-23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 2022/0280366 A1) in view of Ferguson et al. (US 2006/0174895), in view of in view of Mallinger (US 8,181,295).
Claim 1: Johnson discloses, An apparatus for supporting an individual, (see fig. fig. 1B, 3A, 3B and 4B; ¶0025)
wherein the individual has hips, legs and an upper back (see fig. 4A-B), the apparatus having a longitudinal axis and an upper surface (see 1B, 3A, 3B and 4B), the apparatus comprising:
a first bladder that is configured to be positioned beneath the hips of the individual, (see par. [0033], [0043]) wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis (see fig. 1B, 3A, 3B and 4B), wherein the first bladder has a midpoint centered between the first end and the second end (see fig. 1B, 3B, 4B and 5), wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis (see fig. 1B, 3B, 4B and 5), wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to the upper back of the individual (see fig. 1B, 3A, 3B and 4B; par. [0045], [0046], [0047], [0055]);
a valve in fluid communication with the first bladder, wherein the valve is configured to selectively allow air from the air supply into the first bladder (¶0045),
wherein the apparatus is nonferrous (¶0027).
Johnson fails to disclose: a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus,
wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis; and
However, Ferguson in the context of an adjustable orthopedic positioning device and method of use discloses, a second bladder (see plurality of chambers 12, 14, 16 in fig. 3-6; par. [0028]) having a first end (see fig. 3-6; par. [0026]), a second end (see fig. 3-6; par. [0026]), and a midpoint centered between the first end and the second end of the second bladder (see fig. 3-6; par. [0026]), wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder (see fig. 4 and 6), wherein the second bladder is configured to be positioned beneath the lower back of the individual (see fig 1 and par. [0023]), wherein the second bladder is configured to expand upon receiving air from the air supply (see par. [0026]), wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus (see par. [0026], the examiner notes that when one of the bladder in fig. 4 or 6 is expanded, a portion of the upper surface of the apparatus above the expanded bladder will be elevated above at least one other portion of the upper surface of the apparatus.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus in the invention of Johnson, as taught by Ferguson, to provide several bladders that can be individually inflated or deflated to elevate different portion of the patient.
Ferguson further discloses, wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis; and (see 18 in par. [0026], also see fig. 4 and 6)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized the teaching of the first and second bladders overlap along the longitudinal axis in the invention of modified Johnson, to provide a compact single patient adjustable positioning device with multiple of expandable bladders.
Johnson and Ferguson fail to explicitly disclose that the elevation is at least 12 inches.
However, Mallinger in the context of a plurality of bladders teaches separately inflating the bladders and teaches that when second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus (col. 4, lines 17-33).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized teaching of when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus in the invention of modified Johnson, as taught by Mallinger, to be able to expand second bladder to specific height accordingly to different patient’s comfort and procedure
Regarding the limitations “in order to elevate the hips of the individual relative to the upper back of the individual” and “in order to elevate the upper back of the individual relative to the hips of the individual" directed to the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the combined invention disclosed by Johnson, Ferguson and Mallinger is capable of performing the functions as set forth by applicant.
Claim 2: Modified Johnson discloses all the elements above in claim 1, Johnson discloses, further comprising a conduit in fluid communication with the valve, wherein the conduit is configured to communicate air from the air supply to the first bladder. (¶0044, ¶0045)
Claim 3: Modified Johnson discloses all the elements above in claim 1, Johnson discloses, wherein the valve is a first valve (¶0046), wherein the apparatus further comprises a second valve that is in fluid communication with the bladder and configured to be actuated to release air from the first bladder (¶0046).
Claim 4: Modified Johnson discloses all the elements above in claim 1, Johnson discloses, wherein the first bladder is elongated between the first end and the second end. (see fig. 1A, 3B and 4B).
Claim 5: Modified Johnson discloses all the elements above in claim 1, Johnson discloses, wherein, when the fist bladder is in an inflated condition, the upper surface of the apparatus above the first end of the first bladder is at a greater height than the upper surface of the apparatus above the second end of the first bladder. (see fig. 3B and 4B).
Claim 6: Modified Johnson discloses all the elements above in claim 5, Johnson discloses, wherein the apparatus is at least partially wedge-shaped (see fig. 3A, 3B and 4B).
Claim 7: Modified Johnson discloses all the elements above in claim 1, Johnson discloses, wherein the first bladder is further configured to be positioned beneath the legs of the individual. (see fig. 3A and 4B).
Claim 8: Modified Johnson discloses all the elements above in claim 1, Johnson discloses, wherein the upper surface of the apparatus defines longitudinally extending ridges that inhibit the individual from sliding transversely to the longitudinal axis of the apparatus (see 136a and 136b in fig. 1A; ¶0032).
Regarding the limitations of claim 1 “that inhibit the individual from sliding transversely to the longitudinal axis of the apparatus" directed to the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the invention Johnson, Ferguson and Mallinger is capable of performing the functions as set forth by applicant. Also, see MPEP 2114.
Claim 9: Modified Johnson discloses all the elements above in claim 1, Johnson discloses, wherein the individual has a lower back and buttocks, wherein, when the is in an inflated condition, the upper surface of the apparatus defines a structured profile that is configured to be complementary to a contour of at least a portion of the buttocks and the lower back of the individual. (FIG. 4B).
Claim 11: Johnson as modified discloses all the elements above in claim 10, Johnson discloses, a rapid deflation system that is configured to, when engaged, open up large openings in bladder (see par. [0044]), and Johnson shows plurality of bladders (see fig. 5), and the same rapid deflation system applies to the plurality of bladders shows in fig. 5).
Claim 12: Johnson as modified discloses all the elements above in claim 10, Johnson discloses, wherein the apparatus comprises a valve system (see par. [0045]), wherein the valve system comprises the valve (see par. [0045]), wherein the valve system is configured to selectively allow air from the air supply into one of the first or second bladders and selectively release air from the first and second bladders (see par. [0055]).
Claim 21: Johnson discloses, A method comprising: (¶0023) positioning an individual on an apparatus (see fig. 4A-B), the apparatus having a longitudinal axis and an upper surface, the apparatus comprising: (see 1B, 3A, 3B and 4B)
a first bladder that is configured to be positioned beneath hips of an individual, (see par. [0033], [0043]) wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis (see fig. 1B, 3A, 3B and 4B), wherein the first bladder has a midpoint centered between the first end and the second end (see fig. 1B, 3B, 4B and 5), wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis (see fig. 1B, 3B, 4B and 5), wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to an upper back of the individual (see fig. 1B, 3A, 3B and 4B; par. [0045], [0046], [0047], [0055]);
a valve in fluid communication with the first bladder, wherein the valve is configured to selectively allow air from the air supply into the first bladder (¶0045),
wherein the apparatus is nonferrous (¶0027),
positioning the individual so that the hips of the individual are above the first bladder (FIG. 4B);
inflating the first bladder until the hips of the individual are elevated above the upper back of the individual (see fIG. 4B; ¶0050); and
Johnson fails to disclose: a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus,
wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis;
inflating the second bladder to raise shoulders of the individual.
However, Ferguson in the context of an adjustable orthopedic positioning device and method of use discloses, a second bladder (see plurality of chambers 12, 14, 16 in fig. 3-6; par. [0028]) having a first end (see fig. 3-6; par. [0026]), a second end (see fig. 3-6; par. [0026]), and a midpoint centered between the first end and the second end of the second bladder (see fig. 3-6; par. [0026]), wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder (see fig. 4 and 6), wherein the second bladder is configured to be positioned beneath the lower back of the individual (see fig 1 and par. [0023]), wherein the second bladder is configured to expand upon receiving air from the air supply (see par. [0026]), wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus (see par. [0026], the examiner notes that when one of the bladder in fig. 4 or 6 is expanded, a portion of the upper surface of the apparatus above the expanded bladder will be elevated above at least one other portion of the upper surface of the apparatus.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus in the invention of Johnson, as taught by Ferguson, to provide several bladders that can be individually inflated or deflated to elevate different portion of the patient.
Ferguson further discloses, wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis; and (see 18 in par. [0026], also see fig. 4 and 6)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized the teaching of the first and second bladders overlap along the longitudinal axis in the invention of modified Johnson, to provide a compact single patient adjustable positioning device with multiple of expandable bladders.
Johnson and Ferguson fail to explicitly disclose that the elevation is at least 12 inches.
However, Mallinger in the context of a plurality of bladders teaches separately inflating the bladders and teaches that when second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus (col. 4, lines 17-33).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized teaching of when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus in the invention of modified Johnson, as taught by Mallinger, to be able to expand second bladder to specific height accordingly to different patient’s comfort and procedure
Regarding the limitations “in order to elevate the hips of the individual relative to the upper back of the individual” and “in order to elevate the upper back of the individual relative to the hips of the individual" directed to the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the combined invention disclosed by Johnson, Ferguson and Mallinger is capable of performing the functions as set forth by applicant.
Regarding the limitations “... to raise the shoulders of the individual" directed to the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the combined invention disclosed by Johnson, Ferguson and Mallinger is capable of performing the functions as set forth by applicant.
Claim 22: Modified Johnson discloses all the elements of claim 21, Johnson discloses, further comprising, with the individual at least partially positioned within a magnetic resonance imaging MRI machine, generating, using the MRI machine, images of the individual. (Claim 24)
Claim 23: Modified Johnson discloses all the elements of claim 22, Johnson discloses, the method further comprising: ceasing use of the MRI machine; and deflating the first bladder of the apparatus. (¶0043, ¶0047)
Claim 25: Modified Johnson discloses all the elements above in claim 1, Johnson, Ferguson and Mallinger disclose the invention as substantially as described in the 103 rejection above, furthermore, Mallinger teaches, wherein, when the first bladder is inflated, the upper surface above the first bladder slopes downwardly in the first direction (see FIG. 1 to 3), and the upper surface of the apparatus above the second bladder slopes downwardly in the first direction parallel to the upper surface above the first bladder (see FIG. 1 to 3), and wherein, when the second bladder is inflated, the upper surface above the second bladder slopes upwardly in the first direction (col. 4, lines 17-33), and the upper surface above the first bladder that is not above the second bladder is parallel with the longitudinal axis (see FIG. 1 to 3).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed the invention, to have utilized the teaching of when the first bladder is inflated, the upper surface above the first bladder slopes downwardly in the first direction, and the upper surface of the apparatus above the second bladder slopes downwardly in the first direction parallel to the upper surface above the first bladder, and wherein, when the second bladder is inflated, the upper surface above the second bladder slopes upwardly in the first direction, and the upper surface above the first bladder that is not above the second bladder is parallel with the longitudinal axis in the invention of Johnson and Ferguson, as taught by Mallinger, to provide inflated or deflated the plurality of bladders in specific shape to elevate different portion of the patient.
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 2022/0280366 A1), as applied to claim 13, in further view of Ferguson et al. (US 2006/0174895), in view of in view of Mallinger (US 8,181,295).
Claim 26: Johnson discloses all the elements above in claim 13, wherein the bladder is a first bladder, (Claim 13, ‘A system comprising: a magnetic resonance imaging (MRI) machine, wherein the MRI machine comprises a bed having a top portion; and an apparatus as in claim 1, wherein the apparatus is positioned on the top portion of the bed.’) wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in a first direction along the longitudinal axis, wherein the apparatus further comprises: (Claim 1, ‘a first bladder that is configured to be positioned beneath the hips of the individual, wherein the first bladder has a first end and an opposed second end that is spaced from the first end along the longitudinal axis, wherein the first bladder has a midpoint centered between the first end and the second end, wherein the second end of the first bladder is spaced from the first end of the first bladder in the first direction along the longitudinal axis, wherein the first bladder is configured to expand upon receiving air from an air supply in order to elevate the hips of the individual relative to the upper back of the individual;’)
Johnson fails to disclose: a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus,
wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis.
However, Ferguson in the context of an adjustable orthopedic positioning device and method of use discloses, a second bladder (see plurality of chambers 12, 14, 16 in fig. 3-6; par. [0028]) having a first end (see fig. 3-6; par. [0026]), a second end (see fig. 3-6; par. [0026]), and a midpoint centered between the first end and the second end of the second bladder (see fig. 3-6; par. [0026]), wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder (see fig. 4 and 6), wherein the second bladder is configured to be positioned beneath the lower back of the individual (see fig 1 and par. [0023]), wherein the second bladder is configured to expand upon receiving air from the air supply (see par. [0026]), wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus (see par. [0026], the examiner notes that when one of the bladder in fig. 4 or 6 is expanded, a portion of the upper surface of the apparatus above the expanded bladder will be elevated above at least one other portion of the upper surface of the apparatus.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of a second bladder having a first end, a second end, and a midpoint centered between the first end and the second end of the second bladder, wherein the midpoint of the second bladder is axially spaced along the longitudinal axis in the first direction from the midpoint of the first bladder, wherein the second bladder is configured to be positioned beneath the lower back of the individual, wherein the second bladder is configured to expand upon receiving air from the air supply in order to elevate the upper back of the individual relative to the hips of the individual, wherein, when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated above at least one other portion of the upper surface of the apparatus in the invention of Johnson, as taught by Ferguson, to provide several bladders that can be individually inflated or deflated to elevate different portion of the patient.
Ferguson further discloses, wherein the first and second bladders overlap along the longitudinal axis such that the first end of the second bladder is between the first and second ends of the first bladder along the longitudinal axis; and (see 18 in par. [0026], also see fig. 4 and 6)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized the teaching of the first and second bladders overlap along the longitudinal axis in the invention of modified Johnson, to provide a compact single patient adjustable positioning device with multiple of expandable bladders.
Johnson and Ferguson fail to explicitly disclose that the elevation is at least 12 inches.
However, Mallinger in the context of a plurality of bladders teaches separately inflating the bladders and teaches that when second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus (col. 4, lines 17-33).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized teaching of when the second bladder is fully expanded, at least a portion of the upper surface of the apparatus above the second bladder is elevated at least 12 inches above at least one other portion of the upper surface of the apparatus in the invention of modified Johnson, as taught by Mallinger, to be able to expand second bladder to specific height accordingly to different patient’s comfort and procedure
Regarding the limitation of “in order to elevate the upper back of the individual relative to the hips of the individual" directed to the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the combined invention disclosed by Johnson, Ferguson and Mallinger is capable of performing the functions as set forth by applicant.
Claim 27: Johnson as modified discloses all the elements above in claim 26, Johnson, Ferguson and Mallinger disclose the invention as substantially as described in the 103 rejection above, furthermore, Mallinger teaches, wherein, when the first bladder is inflated, the upper surface above the first bladder slopes downwardly in the first direction (see FIG. 1 to 3), and the upper surface of the apparatus above the second bladder slopes downwardly in the first direction parallel to the upper surface above the first bladder (see FIG. 1 to 3), and wherein, when the second bladder is inflated, the upper surface above the second bladder slopes upwardly in the first direction (see FIG. 1 to 3), and the upper surface above the first bladder that is not above the second bladder is parallel with the bed (see FIG. 1 to 3).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed the invention, to have utilized the teaching of when the first bladder is inflated, the upper surface above the first bladder slopes downwardly in the first direction, and the upper surface of the apparatus above the second bladder slopes downwardly in the first direction parallel to the upper surface above the first bladder, and wherein, when the second bladder is inflated, the upper surface above the second bladder slopes upwardly in the first direction, and the upper surface above the first bladder that is not above the second bladder is parallel with the longitudinal axis in the invention of Johnson and Ferguson, as taught by Mallinger, to provide inflated or deflated the plurality of bladders in specific shape to elevate different portion of the patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nady (US 11,331,238 B1) discloses an apparatus and method for changing position of hospital patient)
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Robinson whose telephone number is (571)272-9019. The examiner can normally be reached M-F 9:00AM-5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.A.R./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798