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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/04/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The Applicant’s recitations “the opening comprises a first diameter, and the first and second peg board openings comprise a second diameter, the first diameter being wider than the second diameter” and “a third peg board opening and the peg support member comprises an additional post protruding downwardly from the bottom of the unitary body, the additional post being configured to couple to the third peg board opening, wherein said bottom of said unitary body extends across the upper surface of the peg board from the third peg board opening to the first peg board opening and/or the second peg board opening” were not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Therefore, since the subject matter of a first diameter being wider than the second diameter, a third peg board opening, an additional post and said bottom of said unitary body extending across the upper surface of the peg board from the third peg board opening to the first peg board opening and/or the second peg board opening was not described in the specification at the time the application was filed and fail to comply with the written description requirement.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. No. 2019/0183710 to White.
Claim 1, White discloses a peg support member 100 for enhanced coupling of a peg to a peg board 30 capable of holding a position of a patient during surgery, the peg board including at least a first peg board opening and a second peg board opening, each peg board opening extending from an upper surface to a lower surface thereby defining a predetermined depth, the peg being configured to couple to the first peg 85 board opening (fig. 8), the peg support member 200 having a plurality of embodiments that comprise a unitary body including a top offset from a bottom (10A-10B,12A,12C,13,14A-14C,15B); a post 85 capable of protruding downwardly from said bottom of said unitary body, the post adapted to couple to the second peg board opening (fig. 8); and an opening extending from said top through to said bottom thereby defining a depth, the opening configured to align with said first peg board opening and adapted to receive said peg, wherein in an assembled configuration, said peg passes through and couples to both said opening of said unitary body and to couple to said first peg board opening, wherein said bottom of said unitary body extends across the upper surface of the peg board from the first peg board opening to the second peg board opening; and wherein, in the assembled configuration, the peg is supported by a combined reactive force provided by the peg board and the peg support member against a moment arm applied by the patient (fig. 9A-9C).
Claim 2, White discloses the peg support member wherein said depth of said opening is substantially equal to said predetermined depth of said first and second peg board openings (fig. 9A-9C).
Claims 3-4, White discloses all of the limitations as stated above, and the method of supporting a peg comprising providing a peg support member; providing a peg board including a first peg board opening and a second peg board opening; lifting a patient, inserting said post of said peg support member into said second peg board opening; inserting said peg into said opening so that said peg support member is pivotably-rotatable about said post and relative to said peg board, to advance or retract the position of said peg relative to said patient; rotating said peg support member to advance said opening to align with said first second peg board opening; and inserting said peg into said first peg board opening.
Claim 5, White discloses all the claimed limitations as stated above wherein the peg support system comprising a peg board (25,30) coupled to a support table (T); a peg 85 for operably coupling to said peg board and a peg support member 100; a peg pad 200 capable of receiving said peg in a centrally disposed opening (fig. 12AC,12C,13,14); and the peg pad disposed between said peg board and said patient (10A-10B,12A,12C,13,14A-14C,15B).
Claim 6, White, as best understood, discloses the peg support member wherein the opening comprises a first diameter, and the first and second peg board openings comprise a second diameter.
Claim 7, as best understood the peg support member wherein the peg board includes a plurality of openings and the peg support member comprises an additional post 85 protruding downwardly from the bottom of the unitary body, the additional post being configured to couple to a third peg board opening, wherein said bottom of said unitary body extends across the upper surface of the peg board from the third peg board opening to the first peg board opening and/or the second peg board opening (fig. 13).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2007/0089239 to Whiteside discloses a peg board assembly.
U.S. Pat. No. 8,393,329 to Snow et al. discloses a patient support device.
Conclusion
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 3679