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 .
Response to Amendment
Applicant’s Amendments, filed 7/29/2026, to claims 16-23, 29 acknowledged by Examiner. Additionally, applicant added claim 31.
Claims 16-23, 29, 31 are now pending.
Claim 31 withdrawn.
Previous 112b issues withdrawn, according to the amendments made.
Previous objections withdrawn.
Previous 101 rejections withdrawn.
Election/Restrictions
Claim 31 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species I (Fig. 5-8), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/03/2025. Furthermore, Applicant elected the Species of Species II (Fig. 9) wherein the second portion of the pelvis support module does not have a V-shape comprising two inclined arms separated by a flat area configured to receive a central portion of the first portion of the pelvis support module. The elected Species II (Fig. 9) has the pelvis support module being two stacked substantially identical tubes 11 and 12a. This feature of claim 31 is only apparent in the species indicated with Fig. 5-8. As such, claim 31 is drawn to limitations not present within the elected species.
Response to Arguments
Applicant's arguments filed 7/29/2026 have been fully considered but they are not persuasive. Applicant asserts that the amendment of “a head support module, which is profiled to act as a bearing point for one side of a head of the human body, the head support module being profiled to bear against a bone of the skull to leave eyes, a mouth, nostrils, and an ear free” overcomes Caforio as Caforio has multiple head modules 10-40. However, Examiner disagrees as the amended claim language simply recites “a head support module” which does not preclude the head support module pieces 10/20/30/40 in combination being regarded as forming “a head support module”. Applicant appears to suggest that the claim requires a single piece head support module however that is not claimed herein. The usage of “a” does not preclude the claim limitation from comprising multiple elements. Also Examiner further holds that the head support module 10-40 of Caforio as shown in Fig. 4b the shape and thus profile of head support module 10-40 is shown acting as a bearing point for one side of the head of a human body and the head support module 10-40 being profiled to bear against a bone of the skull (Fig. 4b, the skull bone is bearing against the head module) to leave eyes, a mouth, nostrils, and an ear free (Fig. 4b, the eyes, mouth, nostrils, and upper ear are free).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., head module being a single piece) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant further provides arguments regarding new claim 31; however, new claim 31 is not drawn to subject matter present within the elected species 2 (Fig. 9) and has been withdrawn accordingly as seen in the Election/Restriction setting. Thus Applicant’s arguments are considered moot as the claim is withdrawn from being examined.
Examiner’s Notes
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
Claim Objections
Claim 21 objected to because of the following informalities:
Claim 21 line 7 recites “the at least one leg support module” should be -the leg support module-.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 16-23 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caforio (US 20230118957 A1) in view of Konkle (US 20210275375 A1).
Regarding claim 16, Caforio discloses a device for supporting a human body in a lying- down position (Fig. 1-2), the device comprising
a shoulder support module 50 (Fig. 1 and [0075] support modules for placement at the sub clavicular area being shoulders, further see [0042]);
a pelvis support module 70 (Fig. 1 and [0082] pelvic supports 70); and
a head support module 10-40 (Fig. 1 and 4b, [0099], head modules 10/20/30/40 forming a whole “head support module” together, Abstract, “head (10-40)”) which is profiled to act as a bearing point for one side of a head of the human body (Fig. 4b, the shape and thus profile of head support module 10-40 is shown acting as a bearing point for one side of the head of a human body), the head support module 10-40 being profiled to bear against a bone of the skull (Fig. 4b, the skull bone is bearing against the head module) to leave eyes, a mouth, nostrils, and an ear free (Fig. 4b, the eyes, mouth, nostrils, and upper ear are free);
wherein the shoulder support module 50 includes a portion 50 of the shoulder support module that is configured to come into contact with the human body (Fig. 1 and [0075, 0080] upper portion of shoulder support 50 come into contact with the body as seen in Fig. 2),
and the pelvis support module 70 includes a first portion 70 of the pelvis support module that is configured to come into contact with the human body (Fig. 1 and [0075, 0080] upper supports 70 of the pelvis support 70, the upper portion being a first portion, come into contact with the body as seen in Fig. 2),
wherein the pelvis support module 70 (Fig. 1) has a second portion 72 of the pelvis support module 70 supporting the first portion 70 of the pelvis support module (Fig. 1 and [0075, 0080] pelvis support first portion 70 has leveling sub elements 72 supporting the first portions 70).
Caforio does not disclose wherein portion of the shoulder support module forms a pneumatic cavity of the shoulder support module, and
the first portion of the pelvis support module forms a first pneumatic cavity of the pelvis support module,
wherein the portion of the shoulder support module has a valve of the shoulder support module,
wherein the first portion of the pelvis support module has a first valve of the pelvis support module,
wherein the portion of the shoulder support module has a pressure of less than 0.04 bar underneath a weight of the human body,
wherein the second portion of the pelvis support module at least partially includes a second pneumatic cavity of the pelvis support module,
wherein the second portion of the pelvis support module has a second valve of the pelvis support module,
wherein the second portion of the pelvis support module has a pressure of between 0.05 and 1 bar underneath the weight of the human body.
However, Konkle teaches an analogous body support/positioning apparatus (Fig. 1-5) comprising analogous body supports able to be either a shoulder or pelvis body support (Abstract, gas filled positioner for positioning a body part of a patient) comprising analogous first portions 15a (see [0014] and Fig. 5) for contact the body of the user and analogous second portions 15b/15c for supporting the first portions 15a (see [0014] and Fig. 5) for supporting a body part of the user (see [0004]);
wherein a portion 15a of an analogous shoulder support module forms a pneumatic cavity of the shoulder support module (Fig. 5 and [0014] first portion 15a is a gas filled bladder being a pneumatic cavity, capable of being used as a shoulder support), and
the first portion 15a of the pelvis support module forms a first pneumatic cavity 15a of the pelvis support module (Fig. 5 and [0014] first portion 15a is a gas filled bladder being a pneumatic cavity, first portion 15a also capable of being a pelvis support module),
wherein the portion 15a of the shoulder support module has a valve of the shoulder support module (see [0018] the bladders may have ports being valves for the filling of the bladders to customized pressures),
wherein the first portion 15a of the pelvis support module has a first valve of the pelvis support module (see [0018] the bladders may have ports being valves for the filling of the bladders to customized pressures),
wherein the portion 15a of the shoulder support module has a pressure of less than 0.04 bar underneath a weight of the human body ([0015] the upper bladders/first portion 15a may be filled to less than 0.5 psi being 0.034 bar, thus less than 0.04 bar, the bladders herein capable of being used as a shoulder support),
wherein the second portion of the pelvis support module at least partially includes a second pneumatic cavity of the pelvis support module,
wherein the second portion 15b/15c of the pelvis support module has a second valve of the pelvis support module (see [0018] each of the bladders may have ports being valves for the filling of the bladders to customized pressures, thus the second portion/bladders 15b/15c having a second valve; the portions herein capable of being used as a pelvis support portion),
wherein the second portion of the pelvis support module has a pressure of between 0.05 and 1 bar underneath the weight of the human body ([0015] the bladders 15b/15c being the second portion are capable of being filled to at least 0.5 psi (0.034 psi) wherein the lower bladders are filled to a higher pressure than the upper bladders and may be a multiple of the 0.5 psi of the upper bladders 15a, multiples being whole integers of [1, 2, 3, 4…], thus can be filled up to at least 2 psi being 0.14 bar).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the upper portion of the shoulder support module and the first and second portions of the pelvis support module, as well as the portions of the other support modules of Caforio to be inflatable bladders as taught by Konkle as the bladder structure enables the supports to be used in multiple positional configurations for supporting a body part therein (Konkle [0016]), thus providing the shoulder and pelvis support modules (and head support module and other modules) with the portions and first and second portions with pneumatic cavities and valves therein as claimed.
Regarding claim 17, Caforio in view of Konkle discloses the invention of claim 16 above.
Caforio further discloses wherein the shoulder support module has an asymmetry between a portion oriented toward a lower body and a portion configured to be oriented toward a head of the human body (Fig. 1, shoulder support modules 50 have an upper and lower asymmetry shape as seen therein with the portion near the head having a higher height than the portion near the lower body, see [0043] wherein the support modules therein enable improved breathing).
Regarding claim 18, Caforio in view of Konkle discloses the invention of claim 16 above.
Caforio as combined with Konkle further discloses wherein the head support module 10-40 includes a portion of the head support module that is configured to come into contact with the human body (Caforio Fig. 1 and 3-4c and [0098-0099] head support module 10-40, has upper first modules that contact the human head therein, and Examiner further notes has lower second portion modules as levelling elements therein),
wherein the portion of the head support module forms a pneumatic cavity of the head support module (see claim 16 above, wherein Konkle teaches the first portions/portion of the support modules of Caforio now form a pneumatic cavity as bladders),
wherein the portion of the head support module has a valve of the head support module (see claim 16 above, wherein Konkle teaches the first portions of the support modules of Caforio now form a pneumatic cavity as bladders with ports as valves), and
wherein the portion of the head support module has a pressure of less than 0.04 bar underneath the weight of the human body (see claim 16 above, wherein Konkle teaches the first portion of the support modules of Caforio being the portion of the head support module herein now form a pneumatic cavity as bladders that have a pressure of less than 0.04 bar therein).
Regarding claim 19, Caforio in view of Konkle discloses the invention of claim 18 above.
Caforio further discloses wherein the head support module 10-40 supports a lateral side of the head (Caforio Fig. 4b).
Regarding claim 20, Caforio in view of Konkle discloses the invention of claim 19 above.
Caforio further discloses wherein a cutout is provided in the head support module 10-40, the cutout being configured to leave an ear of the head accessible (Fig. 4b-4c, the modules form a central cutout for leaving the ears accessible).
Regarding claim 21, Caforio in view of Konkle discloses the invention of claim 16 above.
Caforio as combined with Konkle further discloses wherein the device has a leg support module 90 (Fig. 1 and [0092]),
wherein the leg support module 90 includes a portion of the leg support module that is configured to come into contact with the human body (Fig. 1 and [0091-0092] upper portions 90 are first portions in contact with a leg, and Examiner notes there are further second lower portions 92 supporting the first portion),
wherein the portion of the leg support module forms a pneumatic cavity of the leg support module (see claim 16 above, wherein Konkle teaches the first portions of the support modules of Caforio now form a pneumatic cavity as bladders),
wherein the portion of the leg support module has a valve of the leg support module (see claim 16 above, wherein Konkle teaches the first portions of the support modules of Caforio now form a pneumatic cavity as bladders with ports as valves), and
wherein the portion of the leg support module has a pressure of less than 0.04 bar underneath the weight of the human body (see claim 16 above, wherein Konkle teaches the first/upper portions of the support modules of Caforio now form a pneumatic cavity as bladders that have a pressure of less than 0.04 bar therein).
Regarding claim 22, Caforio in view of Konkle discloses the invention of claim 16 above.
Konkle further teaches wherein the first portion of the pelvis support module or the portion of the shoulder support module includes a sheet of thermoplastic polymer (see Fig. 5 and [0014] wherein the bladders 15a being first portion/portion of the support modules are formed of polyurethane being a thermoplastic polymer, wherein as seen in Fig. 5 the cross section of the bladders shows them being formed of a sheet of material formed into a shape).
Regarding claim 23, Caforio in view of Konkle discloses the invention of claim 16 above.
Caforio further discloses wherein at least an area of the first portion of the pelvis support module or the portion of the shoulder support module that is configured to come into contact with skin and is covered with a medical fabric (see [0066-0067] each module and thus the first/upper portions that are contacting the body therein are covered in fabric being sanitizable and antibacterial, thus medical fabric).
Konkle also further teaches wherein at least an area of the first portion of the pelvis support module or the portion of the shoulder support module that is configured to come into contact with skin and is covered with a medical fabric ([0013] and claims 11-14 bladders may have an outer covering of fabric of vinyl, polyurethane, or a laminated fabric used in a hospital setting also being medical fabric).
Regarding claim 29, Caforio in view of Konkle discloses the invention of claim 16 above.
Caforio as combined with Konkle further discloses a method for supporting a human body implementing the device according to claim 16 (see above), the method comprising:
in a first step, partially filling the first pneumatic cavity of the first portion of the pelvis support module 70 or the pneumatic cavity of the portion of the shoulder support module 50 with air (Konkle [0015, 0018] wherein the bladders including bladders 15a being the first portion/portion of the pelvis and shoulder support modules are filled with air via valve/ports; [0016] the bladders 16a/16b of 15a may be only slightly thus partially inflated);
in a second step, disposing the human body on the pelvis support module 70 and the shoulder support module 50 (see Konkle [0014] the bladders receive the weight of the human body placed thereon) (See Caforio Fig. 1-4);
in a third step, regulating a pressure of the first pneumatic cavity of the first portion of the pelvis support module or the pneumatic cavity of the portion of the shoulder support module to a pressure less than 0.04 bar (Konkle [0015] the upper bladders/first portion/portion 15a of the modified shoulder and pelvis modules of Caforio may be filled to less than 0.5 psi being 0.034 bar, thus less than 0.04 bar, the bladders herein capable of being used as a shoulder support), and
in a fourth step, regulating a pressure of the second pneumatic cavity of the second portion of the pelvis support module to a pressure of between 0.05 and 1 bar ([0015] the bladders 15b/15c being the second portion of the modified pelvis support module are capable of being filled to at least 0.5 psi (0.034 psi) wherein the lower bladders are filled to a higher pressure than the upper bladders and may be a multiple of the 0.5 psi of the upper bladders 15a, multiples being whole integers of [1, 2, 3, 4…], thus can be filled up to at least 2 psi being 0.14 bar).
Conclusion
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 KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael Bredefeld can be reached at (571) 270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/KERI J NELSON/Primary Examiner, Art Unit 3786
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