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
Applicant's election with traverse of invention 1 claims 1-10 in the reply filed on 04/20/2026 is acknowledged. The traversal is on the ground(s) that the inventions are capable of being usable together. This is not found persuasive because it is not argued in the restriction requirement whether or not the inventions as claimed are capable of use together. Examiner agrees it appears the inventions as claimed are capable of use together as a integrated system. However Examiner’s grounds for restriction is based on the fact the inventions as claimed are towards materially different designs, modes of operations and function. The inventions as claimed are towards mutually exclusive structures which have differing search require and are not obvious variants of one another. As discussed in the Restriction invention l is towards the surface configurations of a cradle pad having at least one slot, at least one attachment point and a handle, while invention II is towards multiple (3) cradle pads having different surfaces contours of engage another one of the cradle pads in a nested/staked arrangement, and lastly invention III is towards a patient table and a cradle pad attached to the patient table. To examine all the inventions present in the application would require different searches and likely require using different prior art for each invention, result in a burdensome examination and search.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Japanese patent document JP2009000321A hereinafter referred to as Kanamori in view of US Patent Publication US2013/0312192A1 hereinafter referred to as Lee.
Re-Claim 1
Kanamori discloses a cradle interface pad 4 fig.1 for use with an imaging system 2 fig.1, the cradle interface pad comprising: a base 19, 22 fig.9d with a planar first side 22 and a curved second side (see fig.9a) with a first side and a second side, opposite the first side; a first wall 21, 24 fig.12 positioned on a first end of the base and a second wall 21, 24 positioned on a second end of the base, wherein the first wall, the second wall, and the first side of the base form a concave recess (see fig.12) of the cradle interface pad; at least one slot 26 fig.10a extending through each of the first wall and the second wall; at least one attachment point 31 fig.12 mounted on each of the first wall and the second wall and extending towards the base.
However does not discloses a handle positioned on a top face of each of the first wall and the second wall.
Lee teaches interface pad 15, 55 fig.3 comprising: a handle 50 fig.7 positioned on a top face of a wall 15 fig.1.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the cradle of Kanamori and the interface pad having a handle of Lee and with a reasonable expectation of success arrived at a cradle interface pad having a handle on each wall. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing a way to help carry the interface pad as taught in Lee [0034].Re-Claim 5
Kanamori as modified by Lee above discloses,
wherein each of the at least one attachment point include a hook end 31 configured to interface with a track (edge of the table) of a table 3 “The detachable portions 31, 31 are formed in a shape that can be fixed to the top plate 3 by being inserted into both side surfaces of the tip portion of the top plate 3. The holder portion 7 is configured to slide with respect to the top plate 3 by forming the detachable portions 31 and 31.”.
Re-Claim 6
Kanamori as modified by Lee above discloses,
wherein the cradle interface pad is configured with a fastening material 28 fig.12 which extends along a length of each of the first wall and the second wall.
Re-Claim 7
Kanamori as modified by Lee above discloses,
wherein the concave recess is configured to have a subject interface pad 6 fig.4, 10 fig.3 positioned therein, such that a body underside 13 fig.6, 17 fig.8 of the subject interface pad is in face-sharing contact with the concave recess (see fig.12).
Re-Claim 8
Kanamori as modified by Lee above discloses,
wherein the concave recess is configured to have at least one angled positioning pad 6, 10 positioned therein, such that a base 13, 17 of a body of the angled positioning pad is in face-sharing contact with the planar first side of the base of the cradle interface pad (see fig.12).
Re-Claim 9
Kanamori as modified by Lee above discloses,
wherein an interior surface of the angled positioning pad is configured to be in face-sharing contact with a body underside a subject interface pad and/or the base of the body of a second angled positioning pad, the second angled positioning pad having the same configuration as the angled positioning pad (Examiner notes the apparatus of Kanamori pads 6 and 10 are capable of being used as claimed. When the pad 6 is received in the space 19 the pad 10 can also be received in the space 12).
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kanamori in view of Lee further in view of US Patent Publication US2003/0159216A1 hereinafter referred to as Tomcany.
Re-Claim 2
Kanamori as modified by Lee above discloses the claimed apparatus, however does not disclose wherein the at least one slot includes a first slot and a second slot, the first slot positioned above the second slot.
Tomcany teaches a interface pad 10 fig.3 comprising: a base 30 fig.3; a first wall 22a, 28 fig.3 positioned on a first end of the base and a second wall 22b, 28 fig.3 positioned on a second end of the base, at least one slot 82 fig.3 includes a first slot and a second slot, the first slot positioned above the second slot (fig.3).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the cradle of Kanamori as modified by Lee and the interface pad having first and second slots on the walls of Tomcany and with a reasonable expectation of success arrived at a cradle interface pad having first and second slots on each wall. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of positioning of the strap along the height of the wall to adjust to different patient heads as taught in Tomcany [0073]. In such a combination the slot of Kanamori would be substituted for the improved slot arrangement as taught by Tomcany.
Re-Claim 3
Kanamori as modified by Lee and Tomcany above discloses wherein the second slot is parallel to a top edge of the first wall (see fig.1D Tomcany) and the claimed invention except for the first slot is angled at a non-zero angle, relative to the top edge of the first wall. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to arrange the first slot to be angled at a non-zero angle, relative to the top edge of the first wall, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Re-Claim 4
Kanamori as modified by Lee and Tomcany above discloses,
a positioning strap 8 fig.12 Kanamori/ 40 fig.3 Tomcany extending through each of the first slot on the first wall and the second wall and/or the positioning strap extending through each of the second slot on the first wall and the second wall [0065 Tomcany/ “The deep grooves 26 and 26 are formed as portions for inserting and fixing the head fixing band 8 and the jaw fixing band 9 (see FIGS. 2 and 3).” Kanamori].
Alternatively claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kanamori in view of Lee further in view of US Patent 5,781,947 hereinafter referred to as Sramek.
Re-Claim 9
Kanamori as modified by Lee above discloses the claimed apparatus, however, does not explicitly disclose wherein an interior surface of the angled positioning pad is configured to be in face-sharing contact with a body underside a subject interface pad and/or the base of the body of a second angled positioning pad, the second angled positioning pad having the same configuration as the angled positioning pad.
Sramek teaches a interface pad 3 fig.1 comprising: a base 27 fig.1; a first wall 5 fig.1 positioned on a first end of the base and a second wall 5 fig.1 positioned on a second end of the base, wherein an interior surface of an angled positioning pad 23 is configured to be in face-sharing contact with a body 21 fig.2 underside a subject interface pad 21 and/or the base of the body of a second angled positioning pad 19, the second angled positioning pad having the same configuration as the angled positioning pad.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the cradle of Kanamori as modified by Lee and the interface pad having adjustment pads of Sramek and with a reasonable expectation of success arrived at a cradle interface pad having pads for adjusting the pad. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of adjusting the height of the head support surface incrementally as taught by Sramek [column 7 lines 54-68].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kanamori in view of Lee further in view of US Patent 5,211,696 hereinafter referred to as Lacy.
Re-Claim 10
Kanamori as modified by Lee above discloses the claimed apparatus however does not disclose wherein each of the at least one angled positioning pad and the subject interface pad are coupled using a coupling strap and/or fasteners and receivers therebetween.
Lacy teaches a interface pad 40 fig.5 comprising: a concave recess 44 fig.6, wherein the concave recess is engageable with an positioning pad 50 and a subject interface pad 42 wherein each of the at least one positioning pad and the subject interface pad are coupled using a coupling strap and/or fasteners and receivers 48, 46, 51 fig. 5 & 6.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the cradle of Kanamori as modified by Lee and the pads of Lacy utilizing fasteners to selectively attach the pads together and with a reasonable expectation of success arrived at a cradle interface pad having pads attached to adjoining pads by a fastener. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of removably securing the pads together as taught by Lacy [column 4 lines 7 lines 12-40].
Alternatively claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kanamori in view of Lee and Sramek further in view of Lacy.
Re-Claim 10
Kanamori as modified by Lee and Sramek above discloses the claimed apparatus however does not disclose wherein each of the at least one angled positioning pad and the subject interface pad are coupled using a coupling strap and/or fasteners and receivers therebetween.
Lacy teaches a interface pad 40 fig.5 comprising: a concave recess 44 fig.6, wherein the concave recess is engageable with an positioning pad 50 and a subject interface pad 42 wherein each of the at least one positioning pad and the subject interface pad are coupled using a coupling strap and/or fasteners and receivers 48, 46, 51 fig. 5 & 6.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the cradle of Kanamori as modified above and the pads of Lacy utilizing fasteners to selectively attach the pads together and with a reasonable expectation of success arrived at a cradle interface pad having pads attached to adjoining pads by a fastener. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of removably securing the pads together as taught by Lacy [column 4 lines 7 lines 12-40].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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