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) 1-5 and 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 defined by a positioning 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 capable of being supported by a combined reactive force provided by the peg board and the positioning 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 defined by an additional pegboard 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 7, White discloses the positioning support member wherein the peg board includes a plurality of openings and the positioning support member comprises an additional post 85 protruding downwardly from the bottom of the unitary body, the additional post being capable of coupling 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).
Response to Arguments
Applicant's arguments filed 06/17/2026 have been fully considered but they are not persuasive. With regards to claims 1-5 and 7, claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the claims. Therefore, the words of a claim are generally given their ordinary and customary meaning. Support is customarily defined something that holds up or serves as a foundation or prop. White explicitly discloses that the positioning support member 200 can be used either in combination with an MPPS having a first pegboard and second pegboard or with a conventional full-sized pegboard and supporting a portion of a patient [0047]. Therefore, the positioning member supports a portion of the patient, and the Examiner reads the positioning members support on the Applicant’s broad limitation since the function of supporting a patient is met and performed by an equivalent means. Similarly, the peg is capable of being supported/held up by a combined reactive force provided by the peg board and the positioning member against a moment arm applied by the patient that inherently keeps the peg support member in static equilibrium. It appears that the Applicant continues rely on broad structural language that fails to clearly distinguish the present invention over the prior art of record and does not preclude the Examiner from interpreting the claims as stated above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 10,105,274 to Carn discloses a surgical support having a peg board.
U.S. Pat. No. 7,415,741 to Wasley discloses a surgical support having a peg board.
THIS ACTION IS MADE FINAL. 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 3679
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