Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claim(s) 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riach in view of U.S. Patent No. 6842924 issued to Walters.
Regarding claim 20,
Riach discloses a method comprising: positioning a patient's body in a prone position on a body portion of a mat; positioning a patient's head on a removable cover releasably coupled to head portion of the mat, the removable cover having an opening therethrough and being configured to support a patient's face; (Riach: FIG. 2) and performing a medical procedure on the patient. (Riach: [0003] and [0005] describe using the device for medical procedures such as X-rays)
Riach does not appear to disclose routing a medical instrument, line, or tube around the patient’s head through a notch defined by the head portion and the removable cover, the notch that extends vertically through the head portion of the mat from a top surface of the head portion to a bottom surface of the head portion.
However, Walters discloses routing a medical instrument, line, or tube around the patient’s head through a notch defined by the head portion and the removable cover, the notch that extends vertically through the head portion of the mat from a top surface of the head portion to a bottom surface of the head portion. (Walters: FIGS. 2-3, notch (26) extends through the bottom surfaces and finishes out via (41, 43) at the top surface and allows for an instrument to be routed through. The examiner notes that the notches would otherwise remain when a cover is placed over the headrest because the cover conforms to the shape of the headrest.)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Riach to have a notch as taught by Walters in order to provide a efficient way to route catheters and other medical instruments to a patient during a medical procedure.
Allowable Subject Matter
Claims 1-19 are allowed. The prior art of record fails to disclose the subject matter about the adjustable legs folded towards the bottom surface and along the opposite lateral sides of the headrest in combination with the rest of the structure of claim 1.
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 ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673