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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/01/2026 has been entered.
Response to Amendment
The amendment filed 05/29/2026 has been entered. Claims 1-29 remain pending in the application.
Response to Arguments
The arguments presented in “Remarks” dated 05/29/2026 have been considered. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. The newly amended limitations have been addressed in the updated rejection below.
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.
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.
Claims 1-8, 11, 14-15, and 17-29 are rejected under 35 U.S.C. 103 as being unpatentable over Eyre et al. (US 2019/0216550), hereafter Eyre, in view of Skripps (US 2006/0248650), hereafter Skripps, and further in view of Ebara et al. (US 2019/0117488 A1), hereafter Ebara.
Regarding Claim 1, Eyre discloses a frame positioning device (fig. 1, 100, [0143]), comprising: a base assembly (fig. 1, 103 [0143]); an elevation and rotation assembly (fig. 1, 102 [0143]; in fig. 3A 102 includes elevation mechanism 320 and rotation mechanism 310 [0166]) coupled to the base assembly (fig. 1, 102 is coupled to base assembly 103 [0145]); and a table assembly (fig. 1, 101 [0143], as set forth in [0148] table 201a is an embodiment of the table 101) coupled to the elevation and rotation assembly (fig. 1 [0145]); wherein the table assembly comprises a table support and pivot subassembly (fig. 2A-E, 218 supports table sections 210, 212, 214 and pivots swivel segment 210 and foldable segment 214 [0148]; note that fig. 2 table 201 is an embodiment of the table 101 in fig. 1 [0148]), a first table section subassembly (fig. 2A, sections 210, 212 [0148]) and a second table section subassembly (fig. 2A, sections 214 and 216 [0148]); wherein the table support and pivot subassembly (218) is coupled to the first table section subassembly (210, 212) via a first pivot point (fig. 2D, 210A pivots about axis 248 of swivel mechanism 278 [0153]); and wherein the table support and pivot subassembly (218) is coupled to the second table section subassembly (214, 216) via a second pivot point (fig. 2H, 214C pivots about axis 252 [0159]), and wherein the first pivot point enables lateral rotation of the first table section subassembly about a first axis (fig. 2D shows lateral rotation of table section 210A pivoting about axis 248 [0153]);
wherein the table support and the pivot subassembly has a first end (fig. 2A, the right end of 218 and 210) and a second end opposite the first end (fig. 2A, the left end of 218 and 214), the table support and the pivot subassembly comprising a first plate (fig. 2A, 218) having a first portion (fig. 2A, see annotated fig. 2A below) and a second plate having a first portion (see annotated fig. 2A);
wherein the first pivot point (axis 248) is disposed on a second portion of the first plate (see fig. 2E, which shows the pivots of table 201A [0162] and annotated fig. 2A), the third axis being substantially aligned with a craniocaudal axis of a user when the user is positioned in a prone or supine position on the table assembly (fig. 2M [0164]).
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Eyre is silent on the second pivot point enables lateral rotation of the second table section subassembly about a second axis (214C pivots vertically about axis 252 in fig. 2H).
Skripps teaches a table positioning assembly (fig. 2, abstract) which includes a plurality of table sections (fig. 2, 574 [0074], [0136]) that includes two table sections (fig. 2, two instances of table sections 574 [0142]) that are able to be positioned by rotating laterally (fig. 2, both table sections 574 are shown rotated laterally so that they are not in a perpendicular orientation to table side members 68 and 70 [0142]). The table sections are able to be pivoted laterally in order to accommodate patients with spinal concerns such as scoliosis ([0142]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre’s table to additionally include a lateral rotation movement in table section 214C, as taught by Skripps, in order to accommodate patients with spinal abnormalities such as scoliosis.
The now modified Eyre is silent on the first plate having a first portion mounted to a first track proximate the first end and a second plate having a first portion mounted to a second track proximate the second end, the first plate being configured to travel on the first track to rotate the first plate about a third axis (the first plate rotates about a third axis, fig. 2K and 2M, second axis 266 [0162], but does not pivot using a track), and wherein the second pivot point is disposed on a second portion of the second plate, the second plate being configured to travel on the second track to rotate the second plate about the third axis, the rotation of the second plate about the third axis being independent of the rotation of the first plate about the third axis.
Ebara teaches an adjustable table for supporting a patient (abstract, fig. 1), which uses a track assembly to pivot (fig. 5, 27 [0042]) a first table section (fig. 2(b) chest unit 5A [0039]) about a third axis (fig. 5, the chest section 5A can be twisted according to the arc shaped arrow [0056]). Ebara also teaches a second table section mounted on a second track (fig. 2(b), second table section 5B also shown in fig. 6, slider 48 having a concave section 48a that engages with convex portion 47a [0059]) to rotate the second table section about the third axis (fig. 6, 48a and 47a allow the table section to rotate left-right in the direction of the arrow [0059]). Both table sections are shown having an independent structure (fig. 2(b)) and thus may rotate about the third axis independently of each other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre further to include the track structure taught by Ebara on each of the first portions of the first and second plates respectively for rotating the first and second table sections independently about the third axis in order to provide a device which allows a surgeon to first align a spinal deformity patient’s spine prior to surgical correct to reduce the poor alignment of the spine prior to surgery, which reduces surgery time (Ebara [0029]).
The now modified device remains silent on wherein the second portion of the first plate is disposed adjacent the second portion of the second plate (as modified, the first portion of the second plate is adjacent the first portion of the first plate, see annotated fig. 2A above).
However, it has been held that rearrangement of parts is an obvious matter of design choice. See MPEP 2144.04(VI)(C) In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). In this case, it would have been an obvious modification to one of ordinary skill in the art to reverse the arrangement of the first and second portions such that the second portion of the first plate is disposed adjacent the second portion of the second plate, since the table would still perform the rotating functions required by the claim.
Regarding Claim 2, the modified Eyre discloses a frame positioning device of claim 1 wherein the elevation and rotation assembly (fig. 3A, 102 [0166]) comprises one or more actuators (fig. 3A, pitch rotation mechanism 310 and column telescoping mechanism 320 [0166]), the one or more actuators being configured: to adjust an elevation of the table assembly relative to the base assembly (fig. 3A, telescoping mechanism 320; adjusts elevation of table 102 relative to base 103 [0168]) and to adjust a rotation of the table assembly (fig. 3A, pitch rotation mechanism 310) about a table pivot point axis (fig. 3A, 364 [0167] line 2) of a table pivot point (fig. 3A, pitch rotation bracket 318 [0167]) coupling the table assembly to the elevation and rotation assembly (as seen in fig. 3A, 101 is coupled to 102 [0167]).
Regarding Claim 3, the modified Eyre discloses a frame positioning device of claim 1 wherein the elevation and rotation assembly (figs. 1 and 3A, 102) comprises at least one of: a four-bar mechanism; one or more telescoping pillars (fig. 3A, telescoping pillars 350, 352, 354 telescope when actuator 320 adjusts the height of the table 101 [0168-0170]).
Regarding Claim 4, the modified Eyre discloses a frame positioning device of claim 1 wherein the table support and pivot subassembly (218) comprises two or more actuators (fig. 2D, swivel mechanism 278 allows harmonic drive motor 280 to rotate 210A [0157]; and figs. 2H-I unmarked actuator at 252 which allows 214 to pivot to angle β seen in fig. 2I using an actuator [0160]), at least a first one of the two or more actuators being coupled to the first table section subassembly (fig. 2D, swivel mechanism is attached to at least a portion of the first table section, at 210 [0157]) and at least a second one of the two or more actuators being coupled to the second table section subassembly (fig. 2I, second actuator pivots at attachment to second table section 214 [0160]).
Regarding Claim 5, the modified Eyre discloses a frame positioning device of claim 4 wherein the first actuator is configured to at least rotate the first table section subassembly about the first pivot point (fig. 2E, 278 rotates table section 210 [0153]), wherein the second actuator is configured to at least tilt the second table section subassembly about the second pivot point (figs. 2H-I, the second actuator tilts table section 214 [0160]), and wherein said at least one of the elevation, tilt and rotation of the first table section subassembly is independent of said at least one of the elevation, tilt and rotation of the second table section subassembly (the rotation mechanism 278 to rotate table section 210 operates independently of tilt mechanism for table section 214, fig. 2E [0153] and fig. 2I [0160] respectively).
Regarding Claim 6, the modified Eyre discloses a frame positioning device of claim 5 wherein the first table section subassembly comprises a thoracic support section (fig. 2A, first table section portion 210 is capable of supporting the thorax of a patient when positioned with the head at the free end of 210) and the second table section subassembly comprises a pelvis support section and a leg support section (fig. 2A, second table section comprising 214 and 216 are capable of supporting the patient’s pelvis and legs respectively when the patient is positioned with the head at the free end of 210; see fig. 2I for the patient positioning).
Regarding Claim 7, the modified Eyre discloses a frame positioning device of claim 6 wherein the first table section subassembly further comprises a lumbar support section (fig. 2A, first table section subassembly portion 212 is capable of supporting a lumbar area of the patient when positioned with the head at the free end of 210, particularly since cutout section 220 give greater access to the groin [0149]).
Regarding Claim 8, the modified Eyre discloses a frame positioning device of claim 6 wherein the second table section subassembly further comprises a lumbar support section (fig. 2A, portion 214 is capable of supporting the lumbar section of a patient when positioned with the head on section 210).
Regarding Claim 11, the modified Eyre discloses a frame positioning device of claim 6 wherein the second table section subassembly further comprises a knee support section disposed between the pelvis support section and the leg support section (fig. 2A, at least a portion of 214 is capable of supporting the knees of a patient when the thorax is positioned on 210, the pelvis on 212 and the legs on 216).
Regarding Claim 14, the modified Eyre discloses a frame positioning device of claim 6 wherein the pelvis support section (fig. 2A, 214) is configured to at least one of elevate, tilt, rotate and extend independent of the leg support section (fig. 2A 216 is capable of supporting the legs; both sections are capable of elevating or rotating independently of each other since 214 pivots relative to 212 via an actuator [0170], and 216 is detachable from the remainder of the table [0148]).
Regarding Claim 15, Eyre discloses a frame positioning device of claim 1, but is silent on wherein at least one of the first table section subassembly and the second table section subassembly comprises at least one support pad configured for sliding along an axis extending between lateral edges of the table assembly.
Skripps teaches a table positioning assembly (fig. 2, abstract) which includes a plurality of table sections (fig. 2, 574 [0074], [0136]) which each have a support pad (fig. 44, cushion 594 [0137]) and is able to slide along an axis extending between lateral edges of the table (fig. 44-45, 574 has channels 638 and 636 that permit side-to-side movement along axis 586 [0140], axis 586 best seen in fig. 42).
The ability to move the cushions side to side permits the adjustment of the size of the gap between the sections and the offset from the central axis ([0140]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the sections of Eyre’s device have at least one support pad configured for sliding along an axis extending between lateral edges of the table assembly as taught by Skripps in order to fine tune the adjustment of the supporting table section.
Regarding Claim 17, the modified Eyre discloses a frame positioning device of claim 1, but the embodiment of figs. 1-2I,3A-B, and 8A-E fails to disclose wherein at least one of the first table section subassembly and the second table section subassembly is configured for attachment to a C-arm structure.
However, Eyre’s embodiment of fig. 7C a system in which a first table section (fig. 7C, 210 [0201]) is capable of attaching to a C-arm (fig. 7C, 740 is attached to system 700B via base shown at 403B and column 402B [0201]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre’s first embodiment as demonstrated in fig. 7C in order to capture images of a patient’s anatomy while positioned on the device.
Regarding Claim 18, the modified Eyre discloses a frame positioning device of claim 1, but does not explicitly disclose in the first embodiment of figs. 1-2I,3A-B, and 8A-E that the system further comprises a controller, the controller being configured to adjust at least one of an elevation and a rotation of the table assembly relative to the base assembly utilizing the elevation and rotation assembly; instead, it is only disclosed that the table system 100 may rotate the table 201A automatically by using control signals to operate the motor to pivot 260 or 262 ([0162]).
However, Eyre’s embodiment of figs. 19-20 teaches the use of a controller for controlling the movements of portions of a table (fig. 20, 2002, 204 that executes method 1900 of fig 19 [0286], [0292]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a controller to operate the automatic rotation of the motors in the first embodiment of Eyre’s positioning device to adjust at least one of an elevation and a rotation of the table assembly relative to the base assembly utilizing the elevation and rotation assembly in order to remotely control the position and angle of the device, as taught by second embodiment taught by Eyre in figs. 19 and 20.
Regarding Claim 19, the modified Eyre discloses a frame positioning device of claim 18 wherein the controller (2002, 2004 of fig. 20) is configured to adjust said at least one of the elevation and the rotation of the table assembly (figs. 1-2I, 101) between a vertical position and a horizontal position (as modified, a controller operates the actuator 310 that adjust the pitch of the table 101, fig. 3A .
Regarding Claim 20, the modified Eyre discloses a frame positioning device of claim 1, but the first embodiment of figs. 1-2I,3A-B, and 8A-E fails to disclose a controller, the controller being configured to adjust positions of the first table section subassembly and the second table section subassembly about the first and second pivot points. Eyre only discloses the automatic adjustment of the device’s various components is disclosed ([0166-0167]) and a control signal [0157-0158] to operate motor 280 of actuator 278 for adjusting the position of 210 in fig. 2A.
However, Eyre’s embodiment of figs. 19 and 20 teach the use of a controller to operate portions of the device using a controller (fig. 20, processor 2002 and memory 2004 [0286], [0291]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment to include a controller to actuate adjustment of the positions of the first table section subassembly and the second table section subassembly about the first and second pivot points by sending a signal to swivel mechanism 278 (fig. 2D [0153]) and the actuator at axis 252 (fig. 2H [0160]), as taught by the second embodiment of Eyre’s figs. 19 and 20. For the benefit of remotely controlling the adjustments of the table.
Regarding Claim 21, the modified Eyre discloses a treatment table comprising the frame positioning device of claim 1 (treatment table shown generally in fig. 1, [0143, 0148]).
Regarding Claim 22, Eyre discloses a method of operating a frame positioning device (figs. 1-2I, 3A-B, and 8A-E, device 100 [0143]) wherein the table assembly (fig. 1, table 101, which is a specific embodiment in fig. 2A 201A [0148]) comprises a table support and pivot subassembly (figs. 2A, 2E, table support and pivot subassembly 218 supporting at least table sections 210, 212, and 214, enables 210 to pivot about a vertical axis and the section 214 to pivot about a horizontal axis [0148]-[0149], [0153)-[0154], [0160]), a first table section subassembly (210 and 212, portion 210 also shown as 210A in Fig 2D-2G; Fig 2A, 2D-2G; [0144], [0148]-[0149], [0153]-[0154]) coupled to the table support and pivot subassembly via a first pivot point (fig. 2A and 2D, 210 is coupled to 218 via swivel joint 278 [0153]), and a second table section subassembly coupled to the table support and pivot subassembly via a second pivot point (fig. 2A and 2H, second table section 214C attaches to 218 at axis 252 [0159]); the first pivot point enabling lateral rotation of the first table section subassembly about a first axis (fig. 2D shows lateral rotation of table section 210A pivoting about axis 248 [0153]); wherein the table support and the pivot subassembly has a first end (fig. 2A, the right end of 218 and 210) and a second end opposite the first end (fig. 2A, the left end of 218 and 214), the table support and the pivot subassembly comprising a first plate (fig. 2A, 218) having a first portion (fig. 2A, see annotated fig. 2A below) and a second plate having a first portion (see annotated fig. 2A); wherein the first pivot point (axis 248) is disposed on a second portion of the first plate (see fig. 2E, which shows the pivots of table 201A [0162] and annotated fig. 2A), the third axis being substantially aligned with a craniocaudal axis of a user when the user is positioned in a prone or supine position on the table assembly (fig. 2M [0164]).
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Eyre is silent on the second pivot point enabling lateral rotation of the second table section subassembly about a second axis and adjusting a second lateral position of the second table section subassembly about the second pivot point (214C pivots vertically about axis 252 in fig. 2H).
Skripps teaches a table positioning assembly (fig. 2, abstract) which includes a plurality of table sections (fig. 2, 574 [0074], [0136]) that includes two table sections (fig. 2, two instances of table sections 574 [0142]) that are able to be positioned by rotating laterally (fig. 2 both table sections 574 are shown rotated laterally so that they are not in a perpendicular orientation to table side members 68 and 70 [0142]). The table sections are able to be pivoted laterally in order to accommodate patients with spinal concerns such as scoliosis ([0142]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre’s table to include a lateral rotation movement in table section 214C, and to adjust the lateral position of the second table section subassembly, as taught by Skripps, in order to accommodate patients with spinal abnormalities such as scoliosis (Skripps [0142]).
The now modified Eyre is silent on the first plate having a first portion mounted to a first track proximate the first end and a second plate having a first portion mounted to a second track proximate the second end, the first plate being configured to travel on the first track to rotate the first plate about a third axis (the first plate rotates about a third axis, fig. 2K and 2M, second axis 266 [0162], but does not pivot using a track), and wherein the second pivot point is disposed on a second portion of the second plate, the second plate being configured to travel on the second track to rotate the second plate about the third axis, the rotation of the second plate about the third axis being independent of the rotation of the first plate about the third axis
Ebara teaches an adjustable table for supporting a patient (abstract, fig. 1), which uses a track assembly to pivot (fig. 5, 27 [0042]) a first table section (fig. 2(b) chest unit 5A [0039]) about a third axis (fig. 5, the chest section 5A can be twisted according to the arc shaped arrow [0056]). Ebara also teaches a second table section mounted on a second track (fig. 2(b), second table section 5B also shown in fig. 6, slider 48 having a concave section 48a that engages with convex portion 47a [0059]) to rotate the second table section about the third axis (fig. 6, 48a and 47a allow the table section to rotate left-right in the direction of the arrow [0059]). Both table sections are shown having an independent structure (fig. 2(b)) and thus may rotate about the third axis independently of each other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre further to include the track structure taught by Ebara on each of the first portions of the first and second plates respectively for rotating the first and second table sections independently about the third axis in order to provide a device which allows a surgeon to first align a spinal deformity patient’s spine prior to surgical correct to reduce the poor alignment of the spine prior to surgery, which reduces surgery time (Ebara [0029]).
The now modified device remains silent on wherein the second portion of the first plate is disposed adjacent the second portion of the second plate (as modified, the first portion of the second plate is adjacent the first portion of the first plate, see annotated fig. 2A above).
However, it has been held that rearrangement of parts is an obvious matter of design choice. See MPEP 2144.04(VI)(C) In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). In this case, it would have been an obvious modification to one of ordinary skill in the art to reverse the arrangement of the first and second portions such that the second portion of the first plate is disposed adjacent the second portion of the second plate, since the table would still perform the rotating functions required by the claim.
Eyre’s method does not disclose obtaining at least one of motion and scan analysis data for a user; determining position settings for performing one or more sequences of motion of the user based at least in part on the motion and scan analysis data; and performing a selected one of the one or more sequences of motion by adjusting positioning of a table assembly of the frame positioning device utilizing one or more actuators of the frame positioning device; and wherein the method is performed by a controller of the frame positioning device, the controller comprising at least one processing device comprising a processor coupled to a memory.
However, Eyre discloses in the embodiment of Fig 1 to 2I, 3A-3B, and 8A-8E, performing an adjustment of the table assembly (101) utilizing one or more actuators (including a first actuator 278 coupled to portion 210 of the first table section subassembly 210, 212, portion 210 shown at 210A in Fig 2E and a second, unmarked actuator, enabling the portion 214 to pivot at an angle Beta in Fig 21, the portion 214 shown at 214D in Fig 2I; Fig 2A, 2E, 2I; [0154], [0160)) of the frame positioning device (100; Fig 2A, 2E, 2I [0154], [0160]), and an automatic adjustment of a configuration of a plurality of segments of the device (210, 212, 214, and 216; Fig 2A, 3A [0148), [0166]) and a control signal (control signal to a harmonic drive motor 280 of actuator 278 for adjusting the position of 210, shown as 210A in Fig 2D-2G [0157]-[0158]) for adjusting a position of the first table section subassembly (at least portion 210 of first table section subassembly 210, 212 collectively, shown as 210A in Fig 20-2G [0157-0158]) about the first pivot point (first pivot point along axis 248 defined by swivel mechanism 278, portion 210 shown as section 210A in Fig 2D-2E; para [0157]-[0158]), and Eyre discloses a motor (not shown in the figures, described in relation to Fig 2I in [0160]) for automatically adjusting the second table section subassembly (portion 214 of second table section subassembly 214, 216 collectively, 214 shown as 214D in Fig 21; para [0160]) about the second pivot point (second pivot point along a horizontal axis enabling the portion 214 to pivot relative to portion 212 at the angle Beta, the portion 214 shown at 214D in Fig 2I and the portion 212 shown at 212D in Fig 2I; Fig 2A, 2I [0160]).
Eyre further discloses, in the embodiment of Fig 7A, determining position settings (positioning settings for robotic arms 770A-770E; Fig 7A [0197]-[0199]) for performing one or more sequences of motion of the a robotic arm (770A-770E; Fig 7A; para [0197]-[0199]), based at least in part on scan analysis data (from an instrument including a camera attached to one of the robotic arms 770A-770E; Fig 7A; [0197]-[0199]).
Eyre discloses, in the embodiment of Fig 19-20, a controller (2002, 2004 collectively of Fig 20 that executes the method 1900 of Fig 19 [0286], [0291-0292]) for controlling a table (1301; Fig 20; [0292]-[0293]) using the method of Fig 19 (1900; Fig 19; [0286], [0292]), the controller (2002, 2004) including a processor (fig. 20, 2002 [0292]) coupled to a memory (2004; Fig 20; para [02921), the controller obtaining data for a user (by receiving a command including a position of an instrument connected to an end effector of a robotic arm; Fig 19; [0286]-[0287]) to perform a selected one of one or more sequences of motion (at step 1904 in Fig 19; [0289]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the method of Eyre could have been modified as claimed in order to perform a visual observation of an individual, to position the individual on the device as desired for a medical procedure, and to remotely control a position and angle of at least a portion of the device for the medical procedure using a controller.
Regarding Claim 23, the modified Eyre discloses a method of claim 22 wherein the table assembly (fig. 1, table 101, also shown in fig. 2A as table assembly 201B [0153]) is coupled to an elevation and rotation assembly of the frame positioning device (fig. 1, table 101 is coupled to elevation and rotation assembly 102 [0143], which is also shown in fig. 3A to have elevation mechanism 320 and rotation mechanism 310 [0166]), and wherein adjusting the positioning of the table assembly further comprises at least one of adjusting an elevation and a rotation of the table assembly (fig. 3A, both the elevation and rotation of table assembly 101 is adjusted via actuators 310, 320 [0166]-[0167]) relative to a base assembly of the frame positioning device (fig. 1, base assembly 103 [0146]), the base assembly being coupled to the elevation and rotation assembly (fig. 1, the base 103 is shown coupled to the elevation and rotation assembly 102).
Regarding Claim 24, the modified Eyre discloses a method of claim 22 further comprising receiving input data related to one or more expected treatment protocols (the controller receives input data related to one or more expected treatment protocols, such as the position of the robotic arms 770A-E in the embodiment of fig. 7A, and receiving input from the practitioner at block 1902 in the embodiment of figs. 19-20 [0197-0199]), wherein the table assembly is coupled to an elevation and rotation assembly of the frame positioning device (fig. 1, the table assembly 101 is coupled to elevation and rotation assembly 102; 102 is shown in fig. 3A to have elevation mechanism 320 and rotation mechanism 310 [0166]), and wherein adjusting the positioning of the table assembly further comprises adjusting at least one of an elevation and a rotation of the table assembly relative to a base assembly of the frame positioning device (fig. 1, adjusting both the elevation and rotation of the table 101 relative to the base 103 is done via actuators 310, 320 shown in fig. 3A [0166-0167]), the base assembly being coupled to the elevation and rotation assembly (fig. 1, base 103 is connected to 102 [0145]).
Regarding Claim 25, the modified Eyre discloses a method of claim 22 further comprising receiving feedback related to the positioning of the table assembly associated with the selected sequence of motion (fig. 2E, sensor 291 records information about a rotation of 210 [0156]). However, the modified Eyre does not disclose the method of the fig. 2E embodiment further adjusting the positioning of the table assembly of the frame positioning device based at least in part on the received feedback.
Eyre teaches that the robotic arm may include sensors providing data to the control system, such as pressure sensors to provide force feedback signals and that the control system uses the sensor data to generate control signals provided to the robotic arm ([0190]).
It would have been obvious to one having ordinary skill in the art, practicing routine experimentation and design techniques, that the method of Eyre could have been modified as claimed in order to enable the correction of any errors in the movement of a portion of the device to ensure the individual using the device is properly positioned for the medical procedure, by using feedback related to the positioning of the table assembly to further adjust the table assembly.
Regarding Claim 26, Eyre discloses a computer program product comprising a non-transitory processor-readable storage medium having stored therein program code of one or more software programs ([0195]), wherein the program code when executed by a controller of a frame positioning device ([0195]) causes the controller to perform steps of: performing one or more sequences of motion (the controller collectively including the processor and the memory of the computer system, not shown in Fig 4B, causes robotic arms of the frame positioning device 400B to move in a sequence of motion, including a rotating of the arms to a certain position [0195]).
Eyre is silent on the embodiment of fig. 4B obtaining at least one of motion and scan analysis data for a user; determining position settings for performing one or more sequences of motion of the user based at least in part on the motion and scan analysis data; and performing a selected one of the one or more sequences of motion by adjusting positioning of a table assembly of the frame positioning device utilizing one or more actuators of the frame positioning device; wherein the table assembly comprises a table support and pivot subassembly, a first table section subassembly coupled to the table support and pivot subassembly via a first pivot point, and a second table section subassembly coupled to the table support and pivot subassembly via a second pivot point; the first pivot point enabling lateral rotation of the first table section subassembly about a first axis and the second pivot point enabling lateral rotation of the second table section subassembly about a second axis; wherein the table support and pivot subassembly has a first end and a second end opposite the first end, the table support and pivot subassembly comprising a first plate having a first portion mounted to a first track proximate the first end and a second plate having a first portion mounted to a second track proximate the second end: wherein the first pivot point is disposed on a second portion of the first plate, the first plate being configured to travel on the first track to rotate the first plate about a third axis, the third axis being substantially aligned with a craniocaudal axis of a user when the user is positioned in a prone or supine position on the table assembly; and wherein the second pivot point is disposed on a second portion of the second plate, the second plate being configured to travel on the second track to rotate the second plate about the third axis, the rotation of the second plate about the third axis being independent of the rotation of the first plate about the third axis; and wherein the second portion of the first plate is disposed adjacent the second portion of the second plate: and wherein adjusting the positioning of the table assembly comprises at least one of adjusting a first lateral position of the first table section subassembly about the first pivot point and adjusting a second lateral position of the second table section subassembly about the second pivot point, and adjusting a rotation of at least one of the first plate and the second plate about the third axis.
However, Eyre’s embodiment of Fig 1 to 2I, 3A-3B, and 8A-8E also discloses wherein the table assembly (fig. 1, table 101, which is a specific embodiment in fig. 2A 201A [0148]) comprises a table support and pivot subassembly (figs. 2A, 2E, table support and pivot subassembly 218 supporting at least table sections 210, 212, and 214, enables 210 to pivot about a vertical axis and the section 214 to pivot about a horizontal axis [0148]-[0149], [0153)-[0154], [0160]), a first table section subassembly (210 and 212, portion 210 also shown as 210A in Fig 2D-2G; Fig 2A, 2D-2G; [0144], [0148]-[0149], [0153]-[0154]) coupled to the table support and pivot subassembly via a first pivot point (fig. 2A and 2D, 210 is coupled to 218 via swivel joint 278 [0153]), and a second table section subassembly coupled to the table support and pivot subassembly via a second pivot point (fig. 2A and 2H, second table section 214C attaches to 218 at axis 252 [0159]); the first pivot point enabling lateral rotation of the first table section subassembly about a first axis (fig. 2D shows lateral rotation of table section 210A pivoting about axis 248 [0153]), wherein the table support and the pivot subassembly has a first end (fig. 2A, the right end of 218 and 210) and a second end opposite the first end (fig. 2A, the left end of 218 and 214), the table support and the pivot subassembly comprising a first plate (fig. 2A, 218) having a first portion (fig. 2A, see annotated fig. 2A below) and a second plate having a first portion (see annotated fig. 2A);
wherein the first pivot point (axis 248) is disposed on a second portion of the first plate (see fig. 2E, which shows the pivots of table 201A [0162] and annotated fig. 2A), the third axis being substantially aligned with a craniocaudal axis of a user when the user is positioned in a prone or supine position on the table assembly (fig. 2M [0164])
, the third axis being substantially aligned with a craniocaudal axis of a user when the user is positioned in a prone or supine position on the table assembly (fig. 2M [0164]), wherein adjusting the positioning of the table assembly comprises at least one of adjusting a first lateral position of the first table section subassembly about the first pivot point (fig. 2A and 2D, table segment 210 swivels laterally about axis 248 via adjusting swivel joint 278 [0153]) and adjusting a second position of the second table section subassembly about the second pivot point (fig. 2A and 2H, table segment 214 is adjusted by folding about axis 252 where it attaches to 218 at a pivot point [0159]), adjusting a rotation of at least one of the first plate and the second plate about the third axis (fig. 2M, first plate rotated about axis 266 [0164]).
Eyre further discloses, in the embodiment of Fig 7A, determining position settings (positioning settings for robotic arms 770A-770E; Fig 7A [0197]-[0199]) for performing one or more sequences of motion of the a robotic arm (770A-770E; Fig 7A; para [0197]-[0199]), based at least in part on scan analysis data (from an instrument including a camera attached to one of the robotic arms 770A-770E; Fig 7A; [0197]-[0199]).
Eyre also discloses, in the embodiment of Fig 19-20, a controller (2002, 2004 collectively of Fig 20 that executes the method 1900 of Fig 19 [0286], [0291-0292]) for controlling a table (1301; Fig 20; [0292]-[0293]) using the method of Fig 19 (1900; Fig 19; [0286], [0292]), the controller (2002, 2004) including a processor (fig. 20, 2002 [0292]) coupled to a memory (2004; Fig 20; para [02921), the controller obtaining data for a user (by receiving a command including a position of an instrument connected to an end effector of a robotic arm; Fig 19; [0286]-[0287]) to perform a selected one of one or more sequences of motion (at step 1904 in Fig 19; [0289]).
Eyre further discloses in the embodiment of Fig 1 to 2I, 3A-3B, and 8A-8E, performing an adjustment of the table assembly (101) utilizing one or more actuators (including a first actuator 278 coupled to portion 210 of the first table section subassembly 210, 212, portion 210 shown at 210A in Fig 2E and a second, unmarked actuator, enabling the portion 214 to pivot at an angle Beta in Fig 21, the portion 214 shown at 214D in Fig 2I; Fig 2A, 2E, 2I; [0154], [0160)) of the frame positioning device (100; Fig 2A, 2E, 2I [0154], [0160]), and an automatic adjustment of a configuration of a plurality of segments of the device (210, 212, 214, and 216; Fig 2A, 3A [0148), [0166]) and a control signal (control signal to a harmonic drive motor 280 of actuator 278 for adjusting the position of 210, shown as 210A in Fig 2D-2G [0157]-[0158]) for adjusting a position of the first table section subassembly (at least portion 210 of first table section subassembly 210, 212 collectively, shown as 210A in Fig 20-2G [0157-0158]) about the first pivot point (first pivot point along axis 248 defined by swivel mechanism 278, portion 210 shown as section 210A in Fig 2D-2E; para [0157]-[0158]), and Eyre discloses a motor (not shown in the figures, described in relation to Fig 2I in [0160]) for automatically adjusting the second table section subassembly (portion 214 of second table section subassembly 214, 216 collectively, 214 shown as 214D in Fig 21; para [0160]) about the second pivot point (second pivot point along a horizontal axis enabling the portion 214 to pivot relative to portion 212 at the angle Beta, the portion 214 shown at 214D in Fig 2I and the portion 212 shown at 212D in Fig 2I; Fig 2A, 2I [0160]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the method of Eyre could have been modified as claimed in order to perform a visual observation of an individual, to position the individual on the device as desired for a medical procedure, and to remotely control a position and angle of at least a portion of the device for the medical procedure using a controller.
The now modified Eyre remains silent on the second pivot point enabling lateral rotation of the second table section subassembly about a second axis and adjusting a second lateral position of the second table section subassembly about the second pivot point (214C pivots vertically about axis 252 in fig. 2H).
Skripps teaches a table positioning assembly (fig. 2, abstract) which includes a plurality of table sections (fig. 2, 574 [0074], [0136]) that includes two table sections (fig. 2, two instances of table sections 574 [0142]) that are able to be positioned by rotating laterally (fig. 2 both table sections 574 are shown rotated laterally so that they are not in a perpendicular orientation to table side members 68 and 70 [0142]). The table sections are able to be pivoted laterally in order to accommodate patients with spinal concerns such as scoliosis ([0142]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre’s table to include a lateral rotation movement in table section 214C, and to adjust the lateral position of the second table section subassembly, as taught by Skripps, in order to accommodate patients with spinal abnormalities such as scoliosis (Skripps [0142]).
The now modified Eyre is silent on the first plate first plate having a first portion mounted to a first track proximate the first end and a second plate having a first portion mounted to a second track proximate the second end, the first plate being configured to travel on the first track to rotate the first plate about a third axis (the first plate rotates about a third axis, fig. 2K and 2M, second axis 266 [0162], but does not pivot using a track), and wherein the second pivot point is disposed on a second portion of the second plate, the second plate being configured to travel on the second track to rotate the second plate about the third axis, the rotation of the second plate about the third axis being independent of the rotation of the first plate about the third axis.
Ebara teaches an adjustable table for supporting a patient (abstract, fig. 1), which uses a track assembly to pivot (fig. 5, 27 [0042]) a first table section (fig. 2(b) chest unit 5A [0039]) about a third axis (fig. 5, the chest section 5A can be twisted according to the arc shaped arrow [0056]). Ebara also teaches a second table section mounted on a second track (fig. 2(b), second table section 5B also shown in fig. 6, slider 48 having a concave section 48a that engages with convex portion 47a [0059]) to rotate the second table section about the third axis (fig. 6, 48a and 47a allow the table section to rotate left-right in the direction of the arrow [0059]). Both table sections are shown having an independent structure (fig. 2(b)) and thus may rotate about the third axis independently of each other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre further to include the track structure taught by Ebara for rotating the first and second table sections independently about the third axis in order to provide a device which allows a surgeon to first align a spinal deformity patient’s spine prior to surgical correct to reduce the poor alignment of the spine prior to surgery, which reduces surgery time (Ebara [0029]).
The now modified device remains silent on wherein the second portion of the first plate is disposed adjacent the second portion of the second plate (as modified, the first portion of the second plate is adjacent the first portion of the first plate, see annotated fig. 2A above).
However, it has been held that rearrangement of parts is an obvious matter of design choice. See MPEP 2144.04(VI)(C) In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). In this case, it would have been an obvious modification to one of ordinary skill in the art to reverse the arrangement of the first and second portions such that the second portion of the first plate is disposed adjacent the second portion of the second plate, since the table would still perform the rotating functions required by the claim.
Regarding Claim 27, the modified Eyre discloses a computer program product of claim 26 wherein the table assembly (figs. 1-2I, table assembly 101) is coupled to an elevation and rotation assembly of the frame positioning device (fig. 1, 102 further shown in fig. 3A to comprise elevation mechanism 320 and rotation mechanism 310, [0143], [045], [0166]), and wherein adjusting the positioning of the table assembly further comprises at least one of adjusting an elevation (fig. 3A, elevation mechanism 310 uses telescoping motor 322 [0168]) and a rotation of the table assembly relative to a base assembly of the frame positioning device (fig. 3A, rotation mechanism 310 uses pitch rotation motor 312 [0167]), the base assembly being coupled to the elevation and rotation assembly (fig. 1, 102 is coupled to the base assembly 103).
Regarding Claim 28, the modified Eyre discloses a computer program product of claim 26 wherein the program code when executed by the controller of the frame positioning device further causes the controller to perform the step of receiving input data (receiving input data related to one or more expected treatment protocols, such as a position of the robotic arms 770A-770E in the embodiment of Fig 7 A, and receiving the input from a practitioner at block 1902 in the embodiment of Fig 19-20; Fig 7, 19; [0197]-[0199], [0287]) related to at least one of one or more expected treatment protocols (receiving input data related to one or more expected treatment protocols, such as a position of the robotic arms 770A-770E in the embodiment of Fig 7A, and receiving the input from a practitioner at block 1902 in the embodiment of Fig 19-20; Fig 7, 19; [0197]-(0199], [0287]), wherein the table assembly (figs. 1-2I, table assembly 101) is coupled to an elevation and rotation assembly of the frame positioning device (fig. 1, 102 further shown in fig. 3A to comprise elevation mechanism 320 and rotation mechanism 310, [0143], [045], [0166]), and wherein adjusting the positioning of the table assembly further comprises adjusting at least one of an elevation (fig. 3A, elevation mechanism 310 uses telescoping motor 322 [0168]) and a rotation of the table assembly relative to a base assembly of the frame positioning device (fig. 3A, rotation mechanism 310 uses pitch rotation motor 312 [0167]), the base assembly being coupled to the elevation and rotation assembly (fig. 1, 102 is coupled to the base assembly 103).
Regarding Claim 29, the modified Eyre discloses a computer program product of claim 26, but does not explicitly disclose wherein the program code when executed by the controller of the frame positioning device further causes the controller to perform the steps of receiving feedback related to the positioning of the table assembly associated with the selected sequence of motion, and further adjusting the positioning of the table assembly of the frame positioning device based at least in part on the received feedback.
Eyre teaches that the robotic arm may include sensors providing data to the control system, such as pressure sensors to provide force feedback signals and that the control system uses the sensor data to generate control signals provided to the robotic arm ([0190]).
It would have been obvious to one having ordinary skill in the art, practicing routine experimentation and design techniques, that the method of Eyre could have been modified as claimed in order to enable the correction of any errors in the movement of a portion of the device to ensure the individual using the device is properly positioned for the medical procedure, by using feedback related to the positioning of the table assembly to further adjust the table assembly.
Claims 1, 4-6, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Eyre in view of Skripps (second interpretation), further in view of Ebara.
Regarding Claim 1, a second interpretation of Eyre (hereafter indicated with “second interpretation” when applied to dependent claims) discloses a frame positioning device (fig. 1, 100, [0143]), comprising: a base assembly (fig. 1, 103 [0143]); an elevation and rotation assembly (fig. 1, 102 [0143]; in fig. 3A 102 includes elevation mechanism 320 and rotation mechanism 310 [0166]) coupled to the base assembly (fig. 1, 102 is coupled to base assembly 103 [0145]); and a table assembly (fig. 1, 101 [0143], as set forth in [0148] table 201a is an embodiment of the table 101) coupled to the elevation and rotation assembly (fig. 1 [0145]); wherein the table assembly comprises a table support and pivot subassembly (fig. 2A-E, 218 supports table sections 210, 212, 214 and pivots swivel segment 210 and foldable segment 214 [0148]; note that fig. 2 table 201 is an embodiment of the table 101 in fig. 1 [0148]), a first table section subassembly (fig. 2A, section 210 [0148]) and a second table section subassembly (fig. 2A, sections 214 and 216 [0148]); wherein the table support and pivot subassembly (218) is coupled to the first table section subassembly (210) via a first pivot point (fig. 2D, 210A pivots about axis 248 of swivel mechanism 278 [0153]); and wherein the table support and pivot subassembly (218) is coupled to the second table section subassembly (214, 216) via a second pivot point (fig. 2H, 214C pivots about axis 252 [0159]) and wherein the first pivot point enables lateral rotation of the first table section subassembly about a first axis (fig. 2D shows lateral rotation of table section 210A pivoting about axis 248 [0153]);
wherein the table support and the pivot subassembly has a first end (fig. 2A, the right end of 218 and 210) and a second end opposite the first end (fig. 2A, the left end of 218 and 214), the table support and the pivot subassembly comprising a first plate (see annotated fig. 2A, the first section of 218) having a first portion (fig. 2A, see annotated fig. 2A below) and a second plate having a first portion (see annotated fig. 2A);
wherein the first pivot point (axis 248) is disposed on a second portion of the first plate (see fig. 2E, which shows the pivots of table 201A [0162] and annotated fig. 2A), the third axis being substantially aligned with a craniocaudal axis of a user when the user is positioned in a prone or supine position on the table assembly (fig. 2M [0164]).
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Eyre is silent on the second pivot point enables lateral rotation of the second table section subassembly about a second axis (214C pivots vertically about axis 252 in fig. 2H).
Skripps teaches a table positioning assembly (fig. 2, abstract) which includes a plurality of table sections (fig. 2, 574 [0074], [0136]) that includes two table sections (fig. 2, two instances of table sections 574 [0142]) that are able to be positioned by rotating laterally (fig. 2, both table sections 574 are shown rotated laterally so that they are not in a perpendicular orientation to table side members 68 and 70 [0142]). The table sections are able to be pivoted laterally in order to accommodate patients with spinal concerns such as scoliosis ([0142]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre’s table to additionally include a lateral rotation movement in table section 214C, as taught by Skripps, in order to accommodate patients with spinal abnormalities such as scoliosis.
The now modified Eyre is silent on the first plate having a first portion mounted to a first track proximate the first end and a second plate having a first portion mounted to a second track proximate the second end, the first plate being configured to travel on the first track to rotate the first plate about a third axis (the first plate rotates about a third axis, fig. 2K and 2M, second axis 266 [0162], but does not pivot using a track), and wherein the second pivot point is disposed on a second portion of the second plate, the second plate being configured to travel on the second track to rotate the second plate about the third axis, the rotation of the second plate about the third axis being independent of the rotation of the first plate about the third axis
Ebara teaches an adjustable table for supporting a patient (abstract, fig. 1), which uses a track assembly to pivot (fig. 5, 27 [0042]) a first table section (fig. 2(b) chest unit 5A [0039]) about a third axis (fig. 5, the chest section 5A can be twisted according to the arc shaped arrow [0056]). Ebara also teaches a second table section mounted on a second track (fig. 2(b), second table section 5B also shown in fig. 6, slider 48 having a concave section 48a that engages with convex portion 47a [0059]) to rotate the second table section about the third axis (fig. 6, 48a and 47a allow the table section to rotate left-right in the direction of the arrow [0059]). Both table sections are shown having an independent structure (fig. 2(b)) and thus may rotate about the third axis independently of each other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre further to include the track structure taught by Ebara on each of the first portions of the first and second plates respectively for rotating the first and second table sections independently about the third axis in order to provide a device which allows a surgeon to first align a spinal deformity patient’s spine prior to surgical correct to reduce the poor alignment of the spine prior to surgery, which reduces surgery time (Ebara [0029]).
The now modified device remains silent on wherein the second portion of the first plate is disposed adjacent the second portion of the second plate (as modified, the first portion of the second plate is adjacent the first portion of the first plate, see annotated fig. 2A above).
However, it has been held that rearrangement of parts is an obvious matter of design choice. See MPEP 2144.04(VI)(C) In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). In this case, it would have been an obvious modification to one of ordinary skill in the art to reverse the arrangement of the first and second portions such that the second portion of the first plate is disposed adjacent the second portion of the second plate, since the table would still perform the rotating functions required by the claim.
Regarding Claim 4, the modified Eyre (second interpretation) discloses a frame positioning device of claim 1 wherein the table support and pivot subassembly (218) comprises two or more actuators (fig. 2D, swivel mechanism 278 allows harmonic drive motor 280 to rotate 210A [0157]; and figs. 2H-I unmarked actuator at 252 which allows 214 to pivot to angle β seen in fig. 2I using an actuator [0160]), at least a first one of the two or more actuators being coupled to the first table section subassembly (fig. 2D, swivel mechanism is attached to at least a portion of the first table section, at 210 [0157]) and at least a second one of the two or more actuators being coupled to the second table section subassembly (fig. 2I, second actuator pivots at attachment to second table section 214 [0160]).
Regarding Claim 5, the modified Eyre discloses (second interpretation) a frame positioning device of claim 4 wherein the first actuator is configured to at least rotate the first table section subassembly about the first pivot point (fig. 2E, 278 rotates table section 210 [0153]), wherein the second actuator is configured to at least tilt the second table section subassembly about the second pivot point (figs. 2H-I, the second actuator tilts table section 214 [0160]), and wherein said at least one of the elevation, tilt and rotation of the first table section subassembly is independent of said at least one of the elevation, tilt and rotation of the second table section subassembly (the rotation mechanism 278 to rotate table section 210 operates independently of tilt mechanism for table section 214, fig. 2E [0153] and fig. 2I [0160] respectively).
Regarding Claim 6, the modified Eyre discloses (second interpretation) a frame positioning device of claim 5 wherein the first table section subassembly comprises a thoracic support section (fig. 2A, first table section comprising 210 is capable of supporting the thorax of a patient when positioned with the head at the free end of 210) and the second table section subassembly comprises a pelvis support section and a leg support section (fig. 2A, second table section comprising 214 and 216 are capable of supporting the patient’s pelvis and legs respectively when the patient is positioned with the head at the free end of 210; see fig. 2I for the patient positioning).
Regarding Claim 13, the modified Eyre (second interpretation) discloses a frame positioning device of claim 6 wherein the table assembly further comprises a third table section subassembly coupled to the table support and pivot subassembly (fig. 2A, 212 is coupled to 218 [0150]), the third table section subassembly comprising a lumbar support section (fig. 2A, 212 is capable of supporting the lumbar area when the head is placed at the far edge of section 210 and the pelvis is positioned on 214).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Eyre, Skripps, and Ebara, further in view of Cuccia (US 4915101), hereafter Cuccia.
Regarding Claim 9, the modified Eyre discloses a frame positioning device of claim 8, but is silent on wherein the pelvis support section and the lumbar support section comprise a combined lumbar and pelvis support pad.
Cuccia teaches a table device which includes a pelvis support section (fig. 12, 144, col. 7 lines 27-36) and a lumbar support section (at least a portion of 144 supports the lumbar region of a user) that include a combined lumbar and pelvis support pad (fig. 12, pad of 144, col. 7 lines 27-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a pad in Eyre’s table sections as taught by Cuccia in order to more comfortably retain the user on the table and conform to the user’s body (Cuccia, col. 4 lines 16-21).
Regarding Claim 10, the modified Eyre discloses a frame positioning device of claim 8, but is silent on wherein the pelvis support section comprises a pelvis support pad and the lumbar support section comprises a lumbar support pad, the pelvis support pad being separate from the lumbar support pad.
Cuccia discloses a table device which includes a pelvis support section (figs. 1 and 2, 46 is capable of supporting the pelvis of a user, col. 4 lines 40-42) and a lumbar support pad (fig. 2, 47 is capable of supporting the patient’s lumbar area, col. 4 line 44), both of which are described as pads (col. 4 lines 37-39).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add pads to the positioning table of Eyre, as taught by Cuccia, for the benefit of allowing the body to conform to the pads and reduce the frictional resistance of the patient in traction (Cuccia, col. 4 lines 16-21).
Claim 12 is rejected under 35 U.S.C. 103 as unpatentable over Eyre, Skripps, and Ebara, further in view of Weakening et al. (US 3041122), hereafter Weakening.
Regarding Claim 12, the modified Eyre discloses a frame positioning device of claim 11, but is silent on wherein the knee support section is configured for at least one of telescoping, sliding and pivoting independent of the pelvis support section and the leg support section.
Weakening teaches a table positioning device (figs. 1-2, 31, col. 3 lines 3-5 and col. 1 line 9) that includes a pelvis support section (figs. 1-2, 42, col. 3 lines 28-32) a knee support section (figs. 1-2, 43 is capable of supporting the knees of a user, col. 3 lines 28-32) wherein the knee support section is capable of pivoting independent of the pelvis section and the leg support section (44, best seen in figs. 11-16, col. 3 lines 28-32).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in Eyre’s table the structures taught by Weakening in order to properly position a patient as needed for procedures (Weakening col. 1 lines 29-36).
Claim 16 is rejected under 35 U.S.C. 103 as unpatentable over Eyre, Skripps, and Ebara, further in view of Lussi et al. (US 5754997), hereafter Lussi.
Regarding Claim 16, the modified Eyre discloses a frame positioning device of claim 1, but is silent on wherein at least one of the first table section subassembly and the second table section subassembly comprises at least one support pad configured for pivoting about an axis extending from a top edge of the table assembly to a bottom edge of the table assembly.
Lussi teaches a positioning table (fig. 1, 10, also seen in figs. 3-10; col. 4 line 66 to col. 5 line 3; col. 7 lines 5-8) that has a plurality of sections (fig. 3, 14, 16, 18, 20. Col. 5 lines 30-33) that each include a support pad (a cushion attached to an upper surface of a support plate of each of 14, 16, 18, 20, col. 5 lines 30-33) that pivots about a longitudinal axis (best seen in fig. 5-6, col. 7 lines 8-28) extending from a top edge of the table assembly to a bottom edge of the table assembly (table 10, fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a support pad for pivoting about an axis in Eyre’s table device as taught by Lussi for the benefit of providing positioning for a patient (Lussi col. 3 lines 44-54) and a support pad for supporting a patient (abstract).
Conclusion
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/SARA K TOICH/Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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