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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 15-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pat. No. 3,477,761 to Krantz.
Claims 1 and 15, Krantz discloses a head positioner comprising a platform defined by a back rest 10 which is configured to be mounted on a stand; the platform comprising a central slider member defined by a support bar 12 which is in slidable engagement with the platform, the central slider member movable longitudinally along the platform; a bracket defined by a yoke means 12 mounted on the support bar; and a landmark pad defined by headrest 11 a pin 13 which is in rotational engagement with the bracket and the landmark pad being movable longitudinally with respect to the platform in response to the longitudinal movement of the central slider member along the platform, and a central depression capable of accepting a selected landmark of a patient's head (fig. 1).
Claims 2 and 16, Krantz discloses the head positioner further comprising an adjustor defined by detents (23,24) capable of providing horizontal movement of the head rest.
Claims 3 and 17, Krantz discloses the head positioner wherein the landmark pad further includes an elongated wedge defined by brackets (19,20) which is parallel to the pin.
Claims 4 and 18, Krantz discloses the head positioner wherein the brackets are disposed on an inner surface of the landmark pad (fig. 1).
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.
Claim(s) 8-11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2014/0096322 to Farag et al.
Claims 8-9 and 20, Krantz discloses a head positioner comprising a platform defined by a back rest 10 which is capable of being mounted on a stand or a treatment table [Abstract]; a first central slider member defined by a support bar 12 capable of moving along the backrest on a longitudinal axis; and a landmark pad defined by head rest 11 attached to the support bar and a member defined by a pin 13 capable for rotation in relation to the platform, the headrest including a central depression capable of accepting a selected landmark of a patient's head (fig. 1). Krantz is silent to a second slide member configured to move along the platform along a horizontal axis. Farag discloses a head rest assembly having an adjustment mechanism 18 comprising a first bracket 130, second bracket 132, and a third bracket 134 that are capable of providing movement along a horizontal axis [0044]-[0045]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the adjustment mechanism in Farag with the head positioner of Krantz with a reasonable expectation of success because it would have allowed the user to adjust the head rest of Krantz relative to the longitudinal, axial planes, and central longitudinal axis.
Claim 10, Krantz discloses the head positioner wherein the landmark pad further includes an elongated wedge defined by brackets (19,20) which is parallel to the pin.
Claim 11, Krantz discloses the head positioner wherein the brackets are disposed on an inner surface of the landmark pad (fig. 1).
Allowable Subject Matter
Claims 5-7 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2006/0053557 to Damron discloses an adjustable head rest.
U.S. Pub. No. 2004/0046435 to Bonn et al. discloses an adjustable head rest.
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 FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3673