DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
This action is responsive to the election filed 12/15/2025. Claims 29 and 31 are canceled. Thus claims 1-3, 5-11, 15, 17, 19-21, 23 and 25-26 are pending, with Claims 25 and 26 withdrawn/non-elected.
Claim Objections
Claim 5 is objected to because of the following informalities: Claim 5 should be listed as dependent upon claim 2 rather than claim 1 to resolve the lack of antecedent basis of “the ring”. 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.
Claims 1, 6, 9 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frankel (US 2018/0279992 A1).
Regarding claim 1, Frankel discloses a system for tissue configuration (abstract), comprising: a frame comprising a planar surface comprising a platform (#100 fig 1-7) defined by a left edge, a right edge (left and right edges are edges with #102/104 on them, see fig 1b), a head edge (#100a fig 1b) and a foot edge (#100b fig 1b), and one or more covering attachments (#106 fig 2-7), wherein each covering attachment include a first region at which the covering attachment is coupled to the left edge and a second region of the covering attachment coupled to the right edge (#108 fig 2a-2b), the covering attachment further including a body portion (central portion of #106 fig 2-7) that spans between the first region and the second region over the planar surface forming an opening between the body of the covering attachment and the planar surface (see fig 5 showing opening between 106 and 100); wherein the body of at least some of the covering attachment includes a first side oriented towards the planar surface (surface facing the planar surface, see fig 5), the first side comprising one or more attachment points (see point where 116 is attached fig 5) having one or more base units (#112 fig 5) to which one or more extension attachments (#114 fig 5) extending towards the planar surface are attachable.
Regarding claim 6, Frankel discloses the system of claim 1. Frankel further discloses the frame is mounted on a support structure that comprises four legs extending downwards from four corners of the frame (see e.g. fig 1 showing four legs at the corners of the frame).
Regarding claim 9, Frankel discloses the system of claim 1. Frankel further discloses the one or more base units are placed inside a groove along the first side, allowing the one or more extension attachments to rotate along the groove along a length of the body (#110 fig 5, par 0077 disclosing track/groove 110 that the base units can slide along).
Regarding claim 19, Frankel discloses the system of claim 1. Frankel further discloses the one or more extension attachments include an articulated arm, a handle, a bar, a hoop or a tray (see fig 18, par 0045 describing the instrument 114 can be an articulated arm having multiple movable joints).
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.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Frankel as applied to claim 1 above, and further in view of Sun (US 2021/0339037 A1).
Regarding claim 2, Frankel discloses the system of claim 1. Frankel is silent to the one or more covering attachments include a ring that includes the body and a second portion extending below the planar surface upon coupling the ring to the platform. Frankel instead discloses the covering attachment being an arch shape.
Sun teaches a tissue configuration system (abstract) comprising a frame (#3 fig 5) and a covering attachment (#5 fig 5) the covering attachment includes a ring that includes the body (#5 fig 5) and a second portion extending below the planar surface upon coupling the ring to the platform (see portion of 5 below the frame in fig 5, and portion labeled 7 in fig 6, par 106 disclosing upper portion and lower portion 7 forming an annulus)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a complete ring as taught by Sun for the covering attachment of Frankel as doing so allows the covering attachment to hold extension attachments that face a back side of a user.
Regarding claim 5, modified Frankel discloses the system of claim 2. Frankel further discloses the frame comprises a ring housing (#102 fig 1-3) within which the platform is positioned, and wherein the planar surface comprises the platform and a top surface of the ring housing (see fig 1a), and wherein the ring is coupled to the ring housing (see fig 2).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over modified Frankel as applied to claim 2 above, and further in view of Fadler (US 2007/0276297 A1).
Regarding claim 3, modified Frankel discloses the system of claim 2. Modified Frankel is silent to the ring is coupled to the platform such that the ring is fully rotatable arounds a center axis of the ring.
Fadler teaches a partial ring (#16 fig 4) that is coupled to the frame such that it is rotatable arounds a center axis of the ring (#20 fig 4, par 0024).
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 ring of modified Frankel rotatable as taught by Fadler as doing so increases the angles the extension attachments can be deployed at without having to reach across the platform to move the attachments along the track 110 manually.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over modified Frankel as applied to claim 2 above, and further in view of Park (KR 20110023370 A).
Regarding claim 7, modified Frankel discloses the system of claim 2. Frankel is silent to the one or more covering attachments include multiple rings that are spaced apart from each other along the left edge and the right edge.
Park teaches a similar system with multiple arcs spaced apart from each other along the left edge and the right edge (#41 fig 1a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize multiple rings as taught by Park for the covering attachments of modified Frankel as doing so allows for multiple areas of the body to be treated simultaneously.
Claims 8, 10-11, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Frankel as applied to claim 1 above, and further in view of Li (CN 109602592 A)
Regarding claim 8, Frankel discloses the system of claim 1. Frankel is silent to the one or more base units comprise threaded holes through the first side of the covering attachments.
Li teaches a system with a covering attachment (#9 fig 1, 3) with a base unit attached (#16 fig 3) utilizing threaded holes through the first side of the covering attachments (hole through which screw 7/5 passes fig 3, see also abstract “screw threaded connection”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a threaded connection as taught by Li for the system of Frankel as doing so ensure proper connection of the base unit to the covering attachment.
Regarding claim 10, modified Frankel discloses the system of claim 8. Li further discloses the threaded holes through the first side open on an outside of the covering attachments enabling positioning of an arm fixture into the threaded hole, wherein the arm fixture is securely affixable to the covering attachments with a screw from the second side (see end 7 of screw 5 on the second side/outer side of the covering attachment fig 3).
Regarding claim 11, modified Frankel discloses the system of claim 10. Frankel further discloses the arm fixture is an articulated arm fixture having a fixed portion that is solidly mountable to the covering attachments, and a moveable portion coupled to the fixed portion through a rotatable joint that allows for a rotational movement of the moveable portion at an angle from the fixed portion (see fig 18, par 0045 describing the instrument 114 can be an articulated arm having multiple movable joints, wherein the portion that connects to the covering attachment is fixed as taught by Li).
Regarding claim 15, Frankel discloses the system of claim 1. Frankel is silent to the head edge comprises a headboard affixed to the head edge having base portions on which additional arm fixtures are mountable; and wherein the foot edge comprises a footboard affixed to the foot edge having base portions on which additional arm fixtures are mountable.
Li teaches a platform (#3 fig 1) with a headboard (#1 fig 1) affixed to the head edge having base portions (#10 fig 1, 3) on which additional arm fixtures (#9 fig 1, 3) are mountable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate head boards as taught by Li on the system of Frankel as doing so allows for treatment to be applied to a user’s head. It would have further been obvious to one of ordinary skill in the art to incorporate the same at the foot edge of the device to provide treatment to the lower extremities and as a simple duplication of parts (MPEP 2144.04.VI.B).
Regarding claim 17, modified Frankel discloses the system of claim 15. Li further discloses the base portions of the headboard are positioned in one or more groove (#2 fig 1) that allows the base portions to slide along lengths of the one or more grooves (abstract “art slide block” and “arc track”).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Frankel as applied to claim 1 above, and further in view of Kwon (KR 101222519 B1).
Regarding claim 20, Frankel discloses the system of claim 1. Frankel is silent to the one or more extension attachments include a bar such that two ends of the bar are attached to two base units.
Kwon teaches a system with a platform (#11 fig 2a) a covering attachment (#21 fig 2a) and a bar (#22 fig 2a) such that two ends of the bar are attached to the covering attachment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a bar as taught by Kwon on the system of Frankel as doing so allows for multiple extension attachments (see Kwon #23 fig 2a) to be attached and point toward the platform at the same angle.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Frankel as applied to claim 1 above, and further in view of Connolly (US 6,112,349).
Regarding claim 21, Frankel discloses the system of claim 1. Frankel is silent to the one or more covering attachments include a strap having an adjustable length that allows securely holding an object on the platform.
Connolly teaches a platform for a user with a strap (#37 fig 2-3) having an adjustable length (#56 fig 3, col 6 ln 31-32) that allows securely holding an object on the platform.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include straps as taught by Connolly on the system of Frankel in order to secure the patient to the platform.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Frankel as applied to claim 1 above, and further in view of Azizian (US 2017/0079730 A1).
Regarding claim 23, Frankel discloses the system of claim 1. Frankel is silent to a support structure is adjustable such that the frame is tilted to a desired angle, causing the platform to tilt at the desired angle with respect to a horizontal direction.
Azizian teaches a platform for a patient with a support structure that is adjustable such that the frame is tilted to a desired angle, causing the platform to tilt at the desired angle with respect to a horizontal direction (see fig 13a-13b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a tilting structure as taught by Azizian for the support structure of Frankel as doing so allows for the platform to achieve a desired position, orientation or inclination of the patent or may be utilized during a procedure as needed to reposition the patient for any reason (Azizian par 0063).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chauhan (US 12,329,482 B2)
Hill (US 2019/0365597 A1)
Knight (US 7,517,327 B1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799