DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/12/2026 has been entered.
Response to Amendment
Applicant’s amendments to claims 1, 3-4, 6, 8, 10-11, 13, 15, 17-18, and 20 filed 05/12/2026 are acknowledged by the examiner.
Claims 1-20 are currently pending and are under examination.
Response to Arguments
Applicant's arguments filed 05/12/2026 have been fully considered but they are not persuasive.
Applicant’s argument: The “common area” is now recited as being “at” a “transverse end edge” of the pad body. Element 616a of Baker, however, is not an edge of any pad body. As shown in Fig. 14 of Baker and described at paragraph [0078], element 616a is an interior fastening member located within the body of Baker’s positioning device, from which portions 624a and 624b extend inboard along the patient-receiving surface. The interior fastener identified by the Examiner is not, and cannot reasonably be construed as, a terminal lateral edge of the pad body. Accordingly, the Baker structure relied upon for the closing wherein-clause recitation is not present in the cited combination as amended. The combination of these references, even taken in the manner proposed by the Examiner, therefore does not produce a device in which a first pair of arm extensions is adjustably connected to and configured to extend from a first common area at the first transverse end edge of the pad body, and similarly for the second pair. The cited references in combination do not disclose, teach, or suggest the closing wherein-clause recitation of each independent claim as amended, and the rejection accordingly cannot be sustained. Further, in Baker’s Fig. 14, the paired portions 624a/624b and 634a/634b are not separately adjustable along a longitudinal strip; rather, they extend integrally from the structure of the positioning device and are mutually secured by fastening members 626,630, 636,640. Baker does not disclose attaching a pair of distinct arm extensions to a single longitudinal hook-and-loop strip on the rear side of a pad body, and the Examiner has not pointed to any teaching, suggestion, or motivation in any of the cited references for so modifying Baker. Reliance on Baker for the pair-arm-extension architecture, while simultaneously importing Giap’s single-fastener attachment, requires reconstruction of the claimed invention from its own teachings—precisely hindsight bias against which the Supreme Court has cautioned.
Examiner’s response: In light of the amendments to the independent claims, the interpretation of the references has been updated, as the definition of “edge” is further defined below. Further, the examiner still believes that Giap in view of Baker reads on the amended claims, as the definition of “edge” is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge. Further, the claim does not state that the transverse end edge is a terminal lateral end edge of the pad body. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Further, although Baker does not disclose the paired portions 624a/624b and 634a/634b are not separately adjustable along a longitudinal strip, Giap is the primary reference which already discloses being adjustable along a longitudinal strip, therefore, modifying the arm extensions of Giap to be a pair of arm extensions like Baker still reads on the claims. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 16/059757, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Independent claims 1, 8, and 15 all disclose “first and second longitudinal adjustment strips,” which is shown in Figs. 39 and 41 of Applicant’s drawings, and disclosed in paragraph [0078] and [0080] of Applicant’s specification, however, the first and second longitudinal adjustment strips are not disclosed in the previously filed application, and are not disclosed in the specification or drawings of the previously filed application. Therefore, the priority date for this is 07/17/2023.
Claim Objections
Claim 3 is objected to because of the following informalities:
Regarding claim 3, “the arm extensions” in line 4 should be recited as “arm extensions”.
Regarding claim 3, “the arm extensions” in line 6 should be recited as “arm extensions”.
Appropriate correction is required.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap (US 2013/0152950 A1) in view of Kea et al. (referred to as “Kea”) (US 2018/0353360 A1) further in view of Baker et al. (referred to as “Baker”) (US 2017/0151116 A1).
Regarding claim 1, Giap discloses a positioning system (see Fig. 37 and Abstract; patient positioning device 10) comprising:
a pad body (24) having a longitudinal axis, a rear side, a front side, and first and second transverse end edges on opposing sides of the longitudinal axis (see Annotated Fig. 37 of Giap; top surface 24 indicates a pad body and has a longitudinal axis, which is the dotted vertical line in Annotated Fig. 37 of Giap, a rear side, which is not shown in Fig. 37, a front side which is top surface 24 and shown in Fig. 37, and first and second transverse end edges on opposing sides of the longitudinal axis, which is labeled in Annotated Fig. 37 of Giap, as the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), wherein the pad body includes first and second longitudinal adjustment strips (372) respectively adjacent the first and second transverse ends (see Annotated Fig. 37 of Giap and [0115]; the pad body includes hook and loop fasteners 372, which are first and second longitudinal adjustment strips, as the hook and loop fasteners 372 are each narrow strips of material that extend longitudinally, and mate with hook and loop fasteners 371 of padded substrate 16 for adjustment, and the hook and loop fasteners 372 are respectively adjacent or near the first and second transverse ends, seen in Annotated Fig. 37 of Giap);
a first arm extension (16) adjustably extending from the first longitudinal adjustment strip (372) and along each other in a first direction relative to the longitudinal axis (see Annotated Fig. 37 of Giap and [0115]; the padded substrate 16 on the right is a first arm extension as the padded substrate 16 is configured to wrap around an arm of a patient and extends outwards from top surface 24, and the padded substrate 16 adjustably extends from the hook and loop fastener 372 on the right as the padded substrate 16 has a complementary hook and loop fastener 371 and thus adjustably extends along via the hook and loop fasteners in a first direction relative to the longitudinal axis); and
a second arm extension (16) adjustably extending from the second longitudinal adjustment strip (372) and along each other in a second direction relative to the longitudinal axis (see Fig. 37 and [0115]; the padded substrate 16 on the left is a second arm extension as the padded substrate 16 is configured to wrap around an arm of a patient and extends outwards from top surface 24, and the padded substrate 16 adjustably extends from the hook and loop fastener 372 on the left as the padded substrate 16 has a complementary hook and loop fastener 371 and thus adjustably extends along via the hook and loop fasteners in a second direction relative to the longitudinal axis),
Giap is silent on wherein the pad body includes first and second longitudinal adjustment strips on the rear side; a first pair of arm extensions; and a second pair of arm extensions, wherein the first pair of arm extensions are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient, and the second pair of arm extensions are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of the patient.
However, Kea teaches an analogous positioning system (10) (see Figs. 1-3 and Abstract) and an analogous pad body (18) having a rear side (79) (see Figs. 7-8 and [0014]-[0015]; Fig. 8 show a bottom view of pad 18 and thus shows the bottom surface 79 or rear side of pad 18), wherein the pad body (18) includes analogous first and second longitudinal adjustment strips (112) on the rear side (see Figs. 7-8 and [0063]; the bottom surface 79 of pad 18 includes connection strips 112, which are hook and loop fasteners, along the sides of pad 18), providing hook and loop fasteners on the bottom surface of the pad body so that the fasteners do not interfere with a patient in any way.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second longitudinal adjustment strips (372) in the device of Giap to be on the rear side of the pad body as taught by Kea to have provided an improved positioning system that provides hook and loop fasteners on the bottom surface of the pad body so that the fasteners do not interfere with a patient in any way.
Giap in view of Kea discloses the invention as discussed above.
Giap in view of Kea is silent on a first pair of arm extensions and a second pair of arm extensions, wherein the first pair of arm extensions are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient, and the second pair of arm extensions are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of the patient.
However, Baker teaches an analogous positioning system (612) (see Fig. 14), and a first pair of arm extensions (624a, 624b) (see Fig. 14 and [0078]; first portion 624a, and second portion 624b are a pair of arm extensions as they are configured to wrap around an arm of a patient, as seen in Fig. 13, although Fig. 13 is a different embodiment, also see [0080]); and a second pair of arm extensions (634a, 634b) (see Fig. 14 and [0079]; third portion 634a and fourth portion 634b are a pair of arm extensions as they are configured to wrap around an arm of a patient, as seen in Fig. 13, although Fig. 13 is a different embodiment, also see [0080]),
wherein the first pair of arm extensions (624a,624b) are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient (see Annotated Fig. 14 of Baker and [0078]; the first portion 624a and second portion 624b are adjustable via fastening members 626, 630 and thus are adjustably connected to and configured to extend from a first common area of the first transverse end edge to wrap around a first arm of a patient, as seen in Fig. 13, although Fig. 13 is a different embodiment, as the first common area of the transverse end edge is where element 616a is and this common area is where the first portion 624a and second portion 624b both extend out from, as the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), and the second pair of arm extensions (634a,634b) are adjustably connected to and configured to extend from a second common area of the second transverse end to wrap around a second arm of the patient (see Annotated Fig. 14 of Baker and [0079]; the third portion 634a and fourth portion 634b are adjustable via fastening members 636, 640 and thus are adjustably connected to and configured to extend from a second common area of the second transverse end to wrap around a second arm of a patient, as seen in Fig. 13, although Fig. 13 is a different embodiment, as the second common area of the transverse end is where element 619a is and this common area is where the third portion 634a and fourth portion 634b both extend out from, as the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), providing two different means to secure the patient’s arms so that the patient’s arms are well secured.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first arm extension (16 of Giap) and the second arm extension (16 of Giap) in the device of Giap in view of Kea to be a first pair of arm extensions (624a,624b) and a second pair of arm extensions (634a,634b), respectively, wherein the first pair of arm extensions are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient, and the second pair of arm extensions are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of the patient as taught by Baker to have provided an improved patient positioning system that provides two different means to secure the patient’s arms so that the patient’s arms are well secured.
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Annotated Fig. 37 of Giap.
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Annotated Fig. 14 of Baker.
Regarding claim 2, Giap in view of Kea further in view of Baker discloses the invention as discussed in claim 1. Giap in view of Kea further in view of Baker further discloses wherein the first pair of arm extensions (624a, 624b of Baker) includes first rear and front arm extensions configured to partially separate from each other and wrap around the first arm of the patient (see Fig. 14 of Baker and [0078] of Baker; as previously modified above, see claim 1, first portion 624a of Baker is a front arm extension and second portion 624b of Baker is a rear arm extension as the first portion 624a of Baker is anterior to the second portion 624b of Baker when looking at the arm extensions from a front view, and the second portion 624b of Baker and first portion 624a of Baker are configured to partially separate from each other and wrap around a first arm of a patient, as best seen in Fig. 13 of Baker, although this is a different embodiment, also see [0080] of Baker, and [0075] of Baker which describes how the portions are wrapped around a right arm RA of a patient), and the second pair of arm extensions (634a,634b of Baker) includes second rear and front arm extensions configured to partially separate from each other and wrap around the second arm of the patient (see Fig. 14 of Baker and [0079] of Baker; as previously modified above, see claim 1, the third portion 634a of Baker is a front arm extension and the fourth portion 634b of Baker is a rear arm extension as the third portion 634a of Baker is anterior to the second portion 634b of Baker when looking at the arm extensions from a front view, and the third portion 634a of Baker and fourth portion 634b of Baker are configured to partially separate from each other and wrap around a second arm of a patient, as best seen in Fig. 13 of Baker, although this is a different embodiment, also see [0080] of Baker, and [0075] of Baker which describes how the portions are wrapped around a left arm LA of a patient).
Regarding claim 3, Giap in view of Kea further in view of Baker discloses the invention as discussed in claim 1. Giap in view of Kea further in view of Baker further discloses wherein the first and second longitudinal adjustment strips (372 of Giap) are configured to respectively adjust a longitudinal position of the first and second pairs of arm extensions (624a, 624b, 634a, 634b of Baker) parallel to the longitudinal axis (see Fig. 37 of Giap and [0115] of Giap; the hook and loop fasteners 372 of Giap mate with each of the padded substrates 16 of Giap, which have been modified to be the first and second pairs of arm extensions 624a, 624b + 634a, 634b of Baker, and thus the hook and loop fasteners 372 of Giap are capable of respectively adjusting a longitudinal position of the first and second pairs of arm extensions parallel to the longitudinal axis, which is the vertical dotted line in Annotated Fig. 37 of Giap), and wherein the arm extensions of the first pair of arm extensions (624a, 624b of Baker) are engageable with the first longitudinal adjustment strip (372 of Giap) at independently selectable longitudinal positions along the first longitudinal strip (372 of Giap), and the arm extensions of the second pair of arm extensions (634a, 634b of Baker) are engageable with the second longitudinal adjustment strip (372 of Giap) at independently selectable longitudinal positions along the second longitudinal adjustment strip (372 of Giap) (see Fig. 37 of Giap and [0115] of Giap; the hook and loop fastener 372 of Giap mate with the padded substrates 16 of Giap which have been modified to be the first and second pairs of arm extensions 624a, 624b + 634a, 634b of Baker, and thus the first pair of arm extensions 624a,624b of Baker and second pair of arm extensions 63a, 634b of Baker are each capable of engaging with the hook and loop fasteners 372 of Giap at independently selectable longitudinal positions along the hook and loop fasteners 372 of Giap as a user is able to place the arm extensions anywhere along the hook and loop fasteners).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Kea in view of Baker further in view of Augustine (US 2015/0290065 A1).
Regarding claim 4, Giap in view of Kea further in view of Baker discloses the invention as discussed in claim 1.
Giap in view of Kea further in view of Baker is silent on wherein the pad body includes an electrical grounding electrode.
However, Augustine teaches an analogous pad body (3) (see Figs. 1-2; underbody support 3 is an analogous pad body as the underbody support may be a pad, see [0007]-[0008, [0053]]), and wherein the pad body (3) includes an electrical grounding electrode (see Figs. 1-2 and [0123] which discusses how the underbody support 3 includes a grounding electrode 254), providing to protect a patient from electrosurgical devices.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad body in the device of Giap in view of Kea further in view of Baker to include an electrical grounding electrode (254) as taught by Augustine to have provided an improved positioning system that provides to protect a patient from electrosurgical devices.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Kea in view of Baker further in view of Visco (US 2015/0297435 A1).
Regarding claim 5, Giap in view of Kea further in view of Baker discloses the invention as discussed in claim 1.
Giap in view of Kea further in view of Baker is silent on wherein the pad body includes at least one of a gel pad or an inflatable pad.
However, Visco teaches an analogous positioning system (10) (see Figs. 1-14 and [0025]), and wherein the pad body includes at least one of a gel pad or an inflatable pad (see Figs. 1-14 and [0043]; the patient stabilizing device 10 is made out of a support material that provides enough cushion to support a user, and thus the patient stabilizing device 10 is a pad body, as seen in Fig. 1, and this pad body may be a gel pad), providing a material that is capable of supporting the weight of the patient without bottoming out (see [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad body in the device of Giap in view of Kea further in view of Baker to include at least one of a gel pad as taught by Visco to have provided an improved positioning system that provides a material that is capable of supporting the weight of the patient without bottoming out (see [0043]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Kea in view of Baker in view of Giap in view of Jensen et al. (referred to as “Jensen”) (US 2010/0199435 A1) in view of Williams (US 5,014,374) further in view of Hiebert (US 2011/0126355 A1).
Regarding claim 6, Giap in view of Kea further in view of Baker discloses the invention as discussed in claim 1.
Giap further teaches in another embodiment an analogous first arm extension (16) and analogous second arm extension (16) (see Figs. 4-5; padded substrates 16 on opposite sides are first and second arm extensions as they wrap around a user’s arms as seen in Fig. 5), and first, second, and third arm straps (40) configured to wrap around the first arm extension (16) on a first side of the pad body (24) and the second arm extension (16) on a second side of the pad body (24) (see Figs. 4-5 and [0086]; there are a total of four straps 40 in Figs. 4-5 and thus there is a first, second, and third arm strap 40 that are configured to wrap around the first padded substrate 16 and a second padded substrate 16 that are on opposite sides of the pad body), providing to hold the arm extensions in a wrapped configuration and to maintain the arms close to their body and out of the way of the surgeon (see [0086]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the first pair of arm extensions (624a,624b of Baker) and second pair of arm extensions (634a,634b of Baker) with first, second, and third arm straps (40) configured to wrap around the first pair of arm extensions on a first side of the pad body and the second pair of arm extensions on a second side of the pad body as taught by another embodiment of Giap to have provided an improved positioning system that provides to hold the arm extensions in a wrapped configuration and to maintain the arms close to their body and out of the way of the surgeon (see [0086]).
Giap in view of Kea further in view of Baker is silent on further comprising:
first, second, and third pad straps configured to be positioned through the pad body;
a plurality of body straps configured to engage at least one of the first, second, and third pad straps; and
first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
Giap in view of Kea in view of Baker further in view of Giap discloses the invention as discussed above.
Giap in view of Kea in view of Baker further in view of Giap is silent on further comprising:
first, second, and third pad straps configured to be positioned through the pad body;
a plurality of body straps configured to engage at least one of the first, second, and third pad straps; and
first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Jensen teaches an analogous positioning system (10) (see Fig. 3; transporter 10 is an analogous positioning system as it is used to position and restrain a patient), and first, second, and third pad straps (20) configured to be positioned through the pad body (10) (see Fig. 3 and [0057]; there are three securing straps 20 that are positioned through transporter 10 as they extend horizontally from one side to the other side), providing to further secure a patient to the pad body prior to surgery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the rear side of the pad body in the device of Giap in view of Kea in view of Baker further in view of Giap with first, second, and third pad straps (22) configured to be positioned through the pad body as taught by Jensen to have provided an improved positioning system that provides to further secure a patient to the pad body prior to surgery.
Giap in view of Kea in view of Baker in view of Giap further in view of Jensen discloses the invention as discussed above.
Giap in view of Kea in view of Baker in view of Giap further in view of Jensen is silent on a plurality of body straps configured to engage at least one of the first, second, and third pad straps; and first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Williams teaches an analogous positioning system (see Fig. 7 and Abstract; stretcher 20 is an analogous positioning system as the stretcher is needed to position and restrain patients), and a plurality of body straps (72, 74) configured to engage at least one of the first, second, and third pad straps (52, 54, 56) (see Figs. 7-8; waist strap 72 + shoulder straps 74 are a plurality of body straps as they fit around a patient’s body and are configured to engage with straps 52+54, as seen in Fig. 7), providing to further secure a patient to the pad body prior to surgery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the positioning system with a plurality of body straps configured to engage at least one of the first, second, and third pad straps as taught by Williams to have provided an improved positioning system that further secures a patient to the pad body prior to surgery.
Giap in view of Kea in view of Baker in view of Giap in view of Jensen further in view of Williams discloses the invention as discussed above.
Giap in view of Kea in view of Baker in view of Giap in view of Jensen further in view of Williams is silent on first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Hiebert teaches an analogous positioning system (12) (see Abstract) and analogous first, second, and third pad straps (38a, 38b, 38c), and first and second buckles on the second pad strap (38b) and third and fourth buckles on the third pad strap (38c) (see Fig. 2 and [0061]-[0062]; strap 38b may have adjustable buckles and thus strap 38b has first and second buckles, and strap 38c may have adjustable buckles and thus strap 38c has third and fourth buckles), providing reduced unintended disengagement of the fasteners from one another.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second and third pad straps in the device of Giap in view of Kea in view of Baker in view of Giap in view of Jensen further in view of Williams to have first and second buckles on the second pad strap and third and fourth buckles on the third pad strap as taught by Hiebert to have provided an improved positioning system that provides to reduce unintended disengagement of the fasteners from one another.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Kea in view of Baker in view of Giap in view of Jensen in view of Williams in view of Hiebert further in view of Flatt (US 2016/0279007 A1).
Regarding claim 7, Giap in view of Kea in view of Baker in view of Giap in view of Jensen in view of Williams further in view of Hiebert discloses the invention as discussed in claim 6.
Giap in view of Kea in view of Baker in view of Giap in view of Jensen in view of Williams further in view of Hiebert is silent on a support strip attached to the rear side of the pad body and along the longitudinal axis, wherein the support strip is positioned transverse to the first, second, and third pad straps and configured to receive at least one of the first, second and third pad straps between the pad body and the support strip.
However, Flatt teaches an analogous positioning system (10) (see Figs. 4-6; patient positioning support 10), and a support strip (22) attached to the rear side of the pad body (20) and along the longitudinal axis (see Figs. 4-6 and [0045]; anti-skid pad or member 22 is a support strip as it is a long piece of material that supports a patient, and anti-skid pad or member 22 is attached to a rear side of cushion 20 along the longitudinal axis, as seen in Fig. 6), wherein the support strip (22) is positioned transverse to the first, second, and third pad straps (34) and configured to receive at least one of the first, second and third pad straps (34) between the pad body (20) and the support strip (22) (see Figs. 4-6 and [0045]; the anti-skid pad or member 22 is positioned transverse to attachment devices 34 as the straps extend horizontally and the member 22 extends vertically, which are first, second, and third pad straps, as there are at least three of them and the attachment devices 34 are sandwiched between the cushion 20 and the anti-skid pad or member 22, and thus the anti-skid pad or member 22 is configured to receive the three attachment devices 34), providing a support strip on the rear side of the pad body to further secure the patient in place.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the rear side of the pad body in the device of Giap in view of Kea in view of Baker in view of Giap in view of Jensen in view of Williams further in view of Hiebert with a support strip attached along the longitudinal axis, and positioned transverse to the first, second, and third pad straps and configured and configured to receive at least one of the first, second and third pad straps between the pad body and the support strip as taught by Flatt to have provided an improved positioning system that provides a support strip on the rear side of the pad body to further secure the patient in place.
Claim(s) 8-10 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Baker.
Regarding claim 8, Giap discloses a positioning system (10) (see Fig. 37 and Abstract; patient positioning device 10) comprising:
a pad body (24) having a longitudinal axis, first and second transverse end edges on opposing sides of the longitudinal axis (see Annotated Fig. 37 of Giap; top surface 24 indicates a pad body and has a longitudinal axis, which is the dotted vertical line in Annotated Fig. 37 of Giap, and the transverse ends are labeled in Annotated Fig. 37 as well, the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), and first and second longitudinal adjustment strips (372) (see Fig. 37 and [0115]; top surface 24 indicates a pad body and has hook and loop fasteners 372 which are first and second longitudinal adjustment strips as the hook and loop fasteners 372 are each narrow strips of material that extend longitudinally along the top surface 24, and mate with hook and loop fasteners 371 of padded substrate 16 for adjustment);
first arm extension (16) adjustably extending from the first longitudinal adjustment strip (372) and along each other (see Fig. 37 and [0115]; the padded substrate 16 on the right is a first arm extension as the padded substrate 16 is configured to wrap around an arm of a patient and extends outwards from top surface 24, and the padded substrate 16 adjustably extends from the hook and loop fastener 372 on the right as the padded substrate 16 has a complementary hook and loop fastener 371 and thus adjustably extends along via the hook and loop fasteners); and
second arm extension (16) adjustably extending from the second longitudinal adjustment strip (372) and along each other (see Fig. 37 and [0115]; the padded substrate 16 on the left is a second arm extension as the padded substrate 16 is configured to wrap around an arm of a patient and extends outwards from top surface 24, and the padded substrate 16 adjustably extends from the hook and loop fastener 372 on the left as the padded substrate 16 has a complementary hook and loop fastener 371 and thus adjustably extends along via the hook and loop fasteners).
Giap is silent on a first rear arm extension and a second rear arm extension, wherein the first rear and front arm extensions are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient, and the second rear and front arm extensions are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of the patient.
However, Baker teaches an analogous positioning system (612) (see Fig. 14), and first rear and front arm extensions (624b, 624a) (see Fig. 14 and [0078]; second portion 624b is a rear arm extension as it is rearward or posterior to first portion 624a, and is configured to wrap around an arm of a patient, and first portion 324a is a front arm extension as it is anterior to the second portion 624b, and is configured to wrap around an arm of a patient, as seen in Fig. 13 although Fig. 13 is a different embodiment); and second rear and front arm extensions (634b, 634a) (see Fig. 14 and [0079]; fourth portion 634b is a rear arm extension as it is posterior to third portion 634a, and is configured to wrap around an arm of a patient, and third portion 634a is a front arm extension as it is anterior to the fourth portion 634b, and is configured to wrap around an arm of a patient, as seen in Fig. 13 although Fig. 13 is a different embodiment),
wherein the first rear and front arm extensions (624a,624b) are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient (see Annotated Fig. 14 of Baker and [0078]; the first portion 624a and second portion 624b are adjustable via fastening members 626, 630 and thus are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient, as seen in Fig. 13, although Fig. 13 is a different embodiment, as the first common area of the transverse end edge is where element 616a is and this common area is where the first portion 624a and second portion 624b both extend out from as the transverse end edge is labeled in the Annotated Fig. 14 of Baker, as the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), and the second rear and front arm extensions (634a,634b) are adjustably connected to and configured to extend from a second common area of the second transverse end to wrap around a second arm of the patient (see Annotated Fig. 14 of Baker and [0079]; the third portion 634a and fourth portion 634b are adjustable via fastening members 636, 640 and thus are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of a patient, as seen in Fig. 13, although Fig. 13 is a different embodiment, as the second common area of the transverse end is where element 619a is and this common area is where the third portion 634a and fourth portion 634b both extend out from as the transverse end edge is labeled in Annotated Fig. 14 of Baker, as the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), providing two different means to secure the patient’s arms so that the patient’s arms are well secured.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first arm extension (16) the second arm extension (16) of Giap to be first rear and front arm extensions (624b, 624a) and second rear and front arm extensions (634b, 634a), respectively, and wherein the first pair of arm extensions are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient, and the second pair of arm extensions are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of the patient as taught by Baker to have provided an improved patient positioning system that provides two different means to secure the patient’s arms so that the patient’s arm are well secured.
Regarding claim 9, Giap in view of Baker discloses the invention as discussed in claim 8. Giap in view of Baker further discloses wherein the first rear and front arm extensions (624b, 624a of Baker) are configured to partially separate from each other and wrap around the first arm of the patient (see Fig. 14 of Baker; as previously modified above, see claim 8, the second portion 624b of Baker and first portion 624a of Baker are configured to partially separate from each other and wrap around a first arm of a patient, as best seen in Fig. 13 of Baker, although this is a different embodiment, also see [0080] of Baker, and [0075] of Baker which describes how the portions are wrapped around a right arm RA of a patient), and the second rear and front arm extensions (634b, 634a of Baker) are configured to partially separate from each other and wrap around the second arm of the patient (see Fig. 14 of Baker; as previously modified above, see claim 8, the fourth portion 634b of Baker and third portion 634a of Baker are configured to partially separate from each other and wrap around a second arm of a patient, as best seen in Fig. 13 of Baker, although this is a different embodiment, also see [0080] of Baker, and [0075] of Baker which describes how the portions are wrapped around a left arm LA of patient).
Regarding claim 10, Giap in view of Baker discloses the invention as discussed in claim 8. Giap in view of Baker further discloses wherein the first and second longitudinal adjustment strips (372 of Giap) are configured to respectively adjust a longitudinal position of the first rear and front arm extensions (624b, 624a of Baker) and the second rear and front arm extensions (634b,634a of Baker) (see Fig. 37 of Giap and [0115] of Giap; the hook and loop fasteners 372 of Giap mate with each of the padded substrates 16 of Giap, which have been modified to be first rear and front arm extensions 624b, 624a of Baker and second rear and front arm extensions 634b, 634a of Baker, and thus the hook and loop fasteners 372 of Giap are capable of respectively adjusting a longitudinal position of the first rear and front arm extensions and the second rear and front arm extensions via the complementary hook and loop fasteners 371 of Giap), and wherein the first rear arm extension and the first front arm extension (624a,624b of Baker) are engageable with the first longitudinal adjustment strip (372 of Giap) at independently selectable longitudinal positions along the first longitudinal adjustment strip (372 of Giap), and the second rear arm extension and the second front arm extension (634a,634b of Baker) are engageable with the second longitudinal adjustment strip (372 of Giap) at independently selectable longitudinal positions along the second longitudinal adjustment strip (372 of Giap) (see Fig. 37 of Giap and [0115] of Giap; the hook and loop fastener 372 of Giap mate with the padded substrates 16 of Giap which have been modified to be the first and second rear and front arm extensions 624a, 624b + 634a, 634b of Baker, respectively, and thus the first rear and front arm extensions 624a,624b of Baker and second rear and front arm extensions 63a, 634b of Baker are each capable of engaging with the hook and loop fasteners 372 of Giap at independently selectable longitudinal positions along the hook and loop fasteners 372 of Giap as a user is able to place the arm extensions anywhere along the hook and loop fasteners).
Regarding claim 15, Giap discloses a method of using a positioning system (10) (see Fig. 37 and Abstract), the method comprising:
providing a pad body (24) having a longitudinal axis, first and second transverse end edges on opposing sides of the longitudinal axis (see Annotated Fig. 37 of Giap; top surface 24 indicates a pad body and has a longitudinal axis, which is the dotted vertical line in Annotated Fig. 37 of Giap, and the transverse ends are labeled in Annotated Fig. 37 as well, as the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), and first and second longitudinal adjustment strips (372) (see Fig. 37 and [0115]; top surface 24 indicates a pad body and has hook and loop fasteners 372 which are first and second longitudinal adjustment strips as the hook and loop fasteners 372 are each narrow strips of material that extend longitudinally along the top surface 24, and mate with hook and loop fasteners 371 of padded substrate 16 for adjustment);
providing first arm extension adjustably extending from the first longitudinal adjustment strip (372) and along each other (see Fig. 37 and [0115]; the padded substrate 16 on the right is a first arm extension as the padded substrate 16 is configured to wrap around an arm of a patient and extends outwards from top surface 24, and the padded substrate 16 adjustably extends from the hook and loop fastener 372 on the right as the padded substrate 16 has a complementary hook and loop fastener 371 and thus adjustably extends along via the hook and loop fasteners); and
providing second arm extension adjustably extending from the second longitudinal adjustment strip (372) and along each other (see Fig. 37 and [0115]; the padded substrate 16 on the left is a second arm extension as the padded substrate 16 is configured to wrap around an arm of a patient and extends outwards from top surface 24, and the padded substrate 16 adjustably extends from the hook and loop fastener 372 on the left as the padded substrate 16 has a complementary hook and loop fastener 371 and thus adjustably extends along via the hook and loop fasteners).
Giap is silent on providing first rear and front arm extensions and providing second rear and front arm extensions, wherein the first rear and front arm extensions are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient, and the second rear and front arm extensions are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of the patient.
However, Baker teaches an analogous method of using a positioning system (612) (see Fig. 14), and providing first rear and front arm extensions (624b, 624a) (see Fig. 14 and [0078]; second portion 624b is a rear arm extension as it is rearward or posterior to first portion 624a, and is configured to wrap around an arm of a patient, and first portion 324a is a front arm extension as it is anterior to the second portion 624b, and is configured to wrap around an arm of a patient, as seen in Fig. 13 although Fig. 13 is a different embodiment); and providing second rear and front arm extensions (634b, 634a) (see Fig. 14 and [0079]; fourth portion 634b is a rear arm extension as it is posterior to third portion 634a, and is configured to wrap around an arm of a patient, and third portion 634a is a front arm extension as it is anterior to the fourth portion 634b, and is configured to wrap around an arm of a patient, as seen in Fig. 13 although Fig. 13 is a different embodiment), and
wherein the first rear and front arm extensions (624a,624b) are adjustably connected to and configured to extend from a first common area at the first transverse end edge to wrap around a first arm of a patient (see Annotated Fig. 14 of Baker and [0078]; the first portion 624a and second portion 624b are adjustable via fastening members 626, 630 and thus are adjustably connected to and configured to extend from a first common area of the first transverse end to wrap around a first arm of a patient, as seen in Fig. 13, although Fig. 13 is a different embodiment, as the first common area is at the transverse end edge and is where element 616a is and this common area is where the first portion 624a and second portion 624b both extend out from, as the transverse end edge is labeled in the Annotated Fig. 14 of Baker, as the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), and the second rear and front arm extensions (634a,634b) are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of the patient (see Annotated Fig. 14 of Baker and [0079]; the third portion 634a and fourth portion 634b are adjustable via fastening members 636, 640 and thus are adjustably connected to and configured to extend from a second common area at the second transverse end edge to wrap around a second arm of a patient, as seen in Fig. 13, although Fig. 13 is a different embodiment, as the second common area is the transverse end and is where element 619a is and this common area is where the third portion 634a and fourth portion 634b both extend out from, as the transverse end edge is labeled in the Annotated Fig. 14 of Baker, as the definition of edge is “a line or border at which a surface terminates,” or “any of the narrow surfaces of a thin, flat object,” https://www.dictionary.com/browse/edge, or “the line or area farthest away from the middle,” https://www.thefreedictionary.com/edge), providing two different means to secure the patient’s arms so that the patient’s arms are well secured.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first arm extension (16) the second arm extension (16) of Giap to be first rear and front arm extensions (624b, 624a) and second rear and front arm extensions (634b, 634a), respectively, as taught by Baker to have provided an improved method of using a patient positioning system that provides two different means to secure the patient’s arms so that the patient’s arm are well secured.
Regarding claim 16, Giap in view of Baker discloses the method as discussed in claim 8. Giap in view of Baker further discloses wherein the first rear and front arm extensions (616b, 616a of Baker) are configured to partially separate from each other and wrap around the first arm of the patient (see Fig. 14 of Baker; as previously modified above, see claim 8, the second portion 616b of Baker and first portion 616a of Baker are configured to partially separate from each other and wrap around a first arm of a patient, as best seen in Fig. 13 of Baker, although this is a different embodiment, also see [0080] of Baker, and [0075] of Baker which describes how the portions are wrapped around a right arm RA of a patient), and the second rear and front arm extensions (634b, 634a of Baker) are configured to partially separate from each other and wrap around a second arm of a patient (see Fig. 14 of Baker; as previously modified above, see claim 8, the fourth portion 634b of Baker and third portion 634a of Baker are configured to partially separate from each other and wrap around the second arm of the patient, as best seen in Fig. 13 of Baker, although this is a different embodiment, also see [0080] of Baker, and [0075] of Baker which describes how the portions are wrapped around a left arm LA of patient).
Regarding claim 17, Giap in view of Baker discloses the method as discussed in claim 8. Giap in view of Baker further discloses wherein the first and second longitudinal adjustment strips (372 of Giap) are configured to respectively adjust a longitudinal position of the first rear and front arm extensions (616b, 616a of Baker) and the second rear and front arm extensions (634b,634a of Baker) (see Fig. 37 of Giap and [0115] of Giap; the hook and loop fasteners 372 of Giap mate with each of the padded substrates 16 of Giap, which have been modified to be first rear and front arm extensions 616b, 616a of Baker and second rear and front arm extensions 634b, 634a of Baker, and thus the hook and loop fasteners 372 of Giap respectively adjust a longitudinal position of the first rear and front arm extensions and the second rear and front arm extensions via the complementary hook and loop fasteners 371 of Giap), and wherein the first rear arm extension and the first front arm extension (624a,624b of Baker) are engageable with the first longitudinal adjustment strip (372 of Giap) at independently selectable longitudinal positions along the first longitudinal adjustment strip (372 of Giap), and the second rear arm extension and the second front arm extension (634a,634b of Baker) are engageable with the second longitudinal adjustment strip (372 of Giap) at independently selectable longitudinal positions along the second longitudinal adjustment strip (372 of Giap) (see Fig. 37 of Giap and [0115] of Giap; the hook and loop fastener 372 of Giap mate with the padded substrates 16 of Giap which have been modified to be the first and second rear and front arm extensions 624a, 624b + 634a, 634b of Baker, respectively, and thus the first rear and front arm extensions 624a,624b of Baker and second rear and front arm extensions 63a, 634b of Baker are each capable of engaging with the hook and loop fasteners 372 of Giap at independently selectable longitudinal positions along the hook and loop fasteners 372 of Giap as a user is able to place the arm extensions anywhere along the hook and loop fasteners).
Claim(s) 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Baker further in view of Augustine.
Regarding claim 11, Giap in view of Baker discloses the invention as discussed in claim 8.
Giap in view of Baker is silent on wherein the pad body includes an electrical grounding electrode.
However, Augustine teaches an analogous pad body (3) (see Figs. 1-2; underbody support 3 is an analogous pad body as the underbody support may be a pad, see [0007]-[0008, [0053]]), and wherein the pad body (3) includes an electrical grounding electrode (see Figs. 1-2 and [0123] which discusses how the underbody support 3 includes a grounding electrode 254), providing to protect a patient from electrosurgical devices.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad body in the device of Giap in view of Kea further in view of Baker to include an electrical grounding electrode (254) as taught by Augustine to have provided an improved positioning system that provides to protect a patient from electrosurgical devices.
Regarding claim 18, Giap in view of Baker discloses the invention as discussed in claim 15.
Giap in view of Baker is silent on wherein the pad body includes an electrical grounding electrode.
However, Augustine teaches an analogous pad body (3) (see Figs. 1-2; underbody support 3 is an analogous pad body as the underbody support may be a pad, see [0007]-[0008, [0053]]), and wherein the pad body (16) includes an electrical grounding electrode (see Figs. 1-2 and [0123] which discusses how the underbody support 3 includes a grounding electrode 254), providing to protect a patient from electrosurgical devices.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad body in the device of Giap in view of Kea further in view of Baker to include an electrical grounding electrode (254) as taught by Augustine to have provided an improved positioning system that provides to protect a patient from electrosurgical devices.
Claim(s) 12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Baker further in view of Visco.
Regarding claim 11, Giap in view of Baker discloses the invention as discussed in claim 8.
Giap in view of Baker is silent on wherein the pad body includes at least one of a temperature control element or an electrical grounding electrode.
However, Visco teaches an analogous positioning system (10) (see Figs. 1-14 and [0025]), and wherein the pad body includes at least one of a temperature control element or an electrical grounding electrode (see Figs. 1-14 and [0043]; the patient stabilizing device 10 is made out of a support material that provides enough cushion to support a user, and thus the patient stabilizing device 10 is a pad body as seen in Fig. 1, and this pad body may be filled with a material that can be heated or cooled to help regulate the body temperature of the patient, and thus is a temperature control element), providing to help regulate the body temperature of the patient or to heat/cool certain body parts (see [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad body in the device of Giap in view of Baker to include at least one of a temperature control element as taught by Visco to have provided an improved positioning system that helps regulate the body temperature of the patient or to heat/cool certain body parts (see [0043]).
Regarding claim 12, Giap in view of Baker discloses the invention as discussed in claim 8.
Giap in view of Baker is silent on wherein the pad body includes at least one of a gel pad or an inflatable pad.
However, Visco teaches an analogous positioning system (10) (see Figs. 1-14 and [0025]), and wherein the pad body includes at least one of a gel pad or an inflatable pad (see Figs. 1-14 and [0043]; the patient stabilizing device 10 is made out of a support material that provides enough cushion to support a user, and thus the patient stabilizing device 10 is a pad body, as seen in Fig. 1, and this pad body may be a gel pad), providing a material that is capable of supporting the weight of the patient without bottoming out (see [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad body in the device of Giap in view of Baker to include at least one of a gel pad as taught by Visco to have provided an improved positioning system that provides a material that is capable of supporting the weight of the patient without bottoming out (see [0043]).
Regarding claim 18, Giap in view of Baker discloses the method as discussed in claim 15.
Giap in view of Baker is silent on wherein the pad body includes at least one of a temperature control element or an electrical grounding electrode.
However, Visco teaches an analogous positioning system (10) (see Figs. 1-14 and [0025]), and wherein the pad body includes at least one of a temperature control element or an electrical grounding electrode (see Figs. 1-14 and [0043]; the patient stabilizing device 10 is made out of a support material that provides enough cushion to support a user, and thus the patient stabilizing device 10 is a pad body as seen in Fig. 1, and this pad body may be filled with a material that can be heated or cooled to help regulate the body temperature of the patient, and thus is a temperature control element), providing to help regulate the body temperature of the patient or to heat/cool certain body parts (see [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad body in the device of Giap in view of Baker to include at least one of a temperature control element as taught by Visco to have provided an improved method of using positioning system that helps regulate the body temperature of the patient or to heat/cool certain body parts (see [0043]).
Regarding claim 19, Giap in view of Baker discloses the method as discussed in claim 15.
Giap in view of Baker is silent on wherein the pad body includes at least one of a gel pad or an inflatable pad.
However, Visco teaches an analogous positioning system (10) (see Figs. 1-14 and [0025]), and wherein the pad body includes at least one of a gel pad or an inflatable pad (see Figs. 1-14 and [0043]; the patient stabilizing device 10 is made out of a support material that provides enough cushion to support a user, and thus the patient stabilizing device 10 is a pad body, as seen in Fig. 1, and this pad body may be a gel pad), providing a material that is capable of supporting the weight of the patient without bottoming out (see [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad body in the device of Giap in view of Baker to include at least one of a gel pad as taught by Visco to have provided an improved method of using a positioning system that provides a material that is capable of supporting the weight of the patient without bottoming out (see [0043]).
Claim(s) 13 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Baker further in view of Hiebert.
Regarding claim 13, Giap in view of Baker discloses the invention as discussed in claim 8.
Giap further teaches in another embodiment an analogous first arm extension (16) and analogous second arm extension (16) (see Figs. 4-5; padded substrates 16 on opposite sides are first and second arm extensions as they wrap around a user’s arms as seen in Fig. 5), and first, second, and third arm straps (40) configured to wrap around the first arm extension (16) on a first side of the pad body (24) and the second arm extension on a second side of the pad body (24) (see Figs. 4-5 and [0086]; there are a total of four straps 40 in Figs. 4-5 and thus there is a first, second, and third arm strap 40 that are configured to wrap around the first padded substrate 16 and a second padded substrate 16 that are on opposite sides of the pad body), providing to hold the arm extensions in a wrapped configuration and to maintain the arms close to their body and out of the way of the surgeon (see [0086]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the first rear and front arm extensions (624a,624b of Baker) and second rear and front arm extensions (634a,634b of Baker) with first, second, and third arm straps (40) configured to wrap around the first rear and front arm extensions on a first side of the pad body and the second rear and front arm extensions on a second side of the pad body as taught by another embodiment of Giap to have provided an improved positioning system that provides to hold the arm extensions in a wrapped configuration and to maintain the arms close to their body and out of the way of the surgeon (see [0086]).
Giap in view of Baker further in view of Giap discloses the invention above.
Giap in view of Baker is silent on further comprising:
first, second, and third pad straps configured to be positioned through the pad body; a plurality of body straps configured to engage at least one of the first, second, and third pad straps; and first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Jensen teaches an analogous positioning system (10) (see Fig. 3; transporter 10 is an analogous positioning system as it is used to position and restrain a patient), and first, second, and third pad straps (20) configured to be positioned through the pad body (10) (see Fig. 3 and [0057]; there are three securing straps 20 that are positioned through transporter 10 as they extend horizontally from one side to the other side), providing to further secure a patient to the pad body prior to surgery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the rear side of the pad body in the device of Giap in view of Baker further in view of Giap with first, second, and third pad straps (22) configured to be positioned through the pad body as taught by Jensen to have provided an improved positioning system that provides to further secure a patient to the pad body prior to surgery.
Giap in view of Baker in view of Giap further in view of Jensen discloses the invention as discussed above.
Giap in view of Baker in view of Giap further in view of Jensen is silent on a plurality of body straps configured to engage at least one of the first, second, and third pad straps; and first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Williams teaches an analogous positioning system (see Fig. 7 and Abstract; stretcher 20 is an analogous positioning system as the stretcher is needed to position and restrain patients), and a plurality of body straps (72, 74) configured to engage at least one of the first, second, and third pad straps (52, 54, 56) (see Figs. 7-8; waist strap 72 + shoulder straps 74 are a plurality of body straps as they fit around a patient’s body and are configured to engage with straps 52+54, as seen in Fig. 7), providing to further secure a patient to the pad body prior to surgery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the positioning system in the device of Giap in view of Baker in view of Giap further in view of Jensen with a plurality of body straps configured to engage at least one of the first, second, and third pad straps as taught by Williams to have provided an improved positioning system that further secures a patient to the pad body prior to surgery.
Giap in view of Baker in view of Giap in view of Jensen further in view of Williams discloses the invention as discussed above.
Giap in view of Baker in view of Giap in view of Jensen further in view of Williams is silent on first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Hiebert teaches an analogous positioning system (12) (see Abstract) and analogous first, second, and third pad straps (38a, 38b, 38c), and first and second buckles on the second pad strap (38b) and third and fourth buckles on the third pad strap (38c) (see Fig. 2 and [0061]-[0062]; strap 38b may have adjustable buckles and thus strap 38b has first and second buckles, and strap 38c may have adjustable buckles and thus strap 38c has third and fourth buckles), providing reduced unintended disengagement of the fasteners from one another.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second and third pad straps in the device of Giap in view of Baker in view of Giap in view of Jensen further in view of Williams to have first and second buckles on the second pad strap and third and fourth buckles on the third pad strap as taught by Hiebert to have provided an improved positioning system that provides to reduce unintended disengagement of the fasteners from one another.
Regarding claim 20, Giap in view of Baker discloses the method as discussed in claim 15.
Giap further teaches in another embodiment an analogous first arm extension (16) and analogous second arm extension (16) (see Figs. 4-5; padded substrates 16 on opposite sides are first and second arm extensions as they wrap around a user’s arms as seen in Fig. 5), and first, second, and third arm straps (40) configured to wrap around the first arm extension (16) on a first side of the pad body (24) and the second arm extension on a second side of the pad body (24) (see Figs. 4-5 and [0086]; there are a total of four straps 40 in Figs. 4-5 and thus there is a first, second, and third arm strap 40 that are configured to wrap around the first padded substrate 16 and a second padded substrate 16 that are on opposite sides of the pad body), providing to hold the arm extensions in a wrapped configuration and to maintain the arms close to their body and out of the way of the surgeon (see [0086]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the first rear and front arm extensions (624a,624b of Baker) and second rear and front arm extensions (634a,634b of Baker) with first, second, and third arm straps (40) configured to wrap around the first rear and front arm extensions on a first side of the pad body and the second rear and front arm extensions on a second side of the pad body as taught by another embodiment of Giap to have provided an improved positioning system that provides to hold the arm extensions in a wrapped configuration and to maintain the arms close to their body and out of the way of the surgeon (see [0086]).
Giap in view of Baker further in view of Giap discloses the invention above.
Giap in view of Baker is silent on further comprising:
first, second, and third pad straps configured to be positioned through the pad body; a plurality of body straps configured to engage at least one of the first, second, and third pad straps; and first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Jensen teaches an analogous positioning system (10) (see Fig. 3; transporter 10 is an analogous positioning system as it is used to position and restrain a patient), and first, second, and third pad straps (20) configured to be positioned through the pad body (10) (see Fig. 3 and [0057]; there are three securing straps 20 that are positioned through transporter 10 as they extend horizontally from one side to the other side), providing to further secure a patient to the pad body prior to surgery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the rear side of the pad body in the device of Giap in view of Baker further in view of Giap with first, second, and third pad straps (22) configured to be positioned through the pad body as taught by Jensen to have provided an improved positioning system that provides to further secure a patient to the pad body prior to surgery.
Giap in view of Baker in view of Giap further in view of Jensen discloses the invention as discussed above.
Giap in view of Baker in view of Giap further in view of Jensen is silent on a plurality of body straps configured to engage at least one of the first, second, and third pad straps; and first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Williams teaches an analogous positioning system (see Fig. 7 and Abstract; stretcher 20 is an analogous positioning system as the stretcher is needed to position and restrain patients), and a plurality of body straps (72, 74) configured to engage at least one of the first, second, and third pad straps (52, 54, 56) (see Figs. 7-8; waist strap 72 + shoulder straps 74 are a plurality of body straps as they fit around a patient’s body and are configured to engage with straps 52+54, as seen in Fig. 7), providing to further secure a patient to the pad body prior to surgery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the positioning system in the device of Giap in view of Baker in view of Giap further in view of Jensen with a plurality of body straps configured to engage at least one of the first, second, and third pad straps as taught by Williams to have provided an improved positioning system that further secures a patient to the pad body prior to surgery.
Giap in view of Baker in view of Giap in view of Jensen further in view of Williams discloses the invention as discussed above.
Giap in view of Baker in view of Giap in view of Jensen further in view of Williams is silent on first and second buckles on the second pad strap and third and fourth buckles on the third pad strap.
However, Hiebert teaches an analogous positioning system (12) (see Abstract) and analogous first, second, and third pad straps (38a, 38b, 38c), and first and second buckles on the second pad strap (38b) and third and fourth buckles on the third pad strap (38c) (see Fig. 2 and [0061]-[0062]; strap 38b may have adjustable buckles and thus strap 38b has first and second buckles, and strap 38c may have adjustable buckles and thus strap 38c has third and fourth buckles), providing reduced unintended disengagement of the fasteners from one another.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second and third pad straps in the device of Giap in view of Baker in view of Giap in view of Jensen further in view of Williams to have first and second buckles on the second pad strap and third and fourth buckles on the third pad strap as taught by Hiebert to have provided an improved positioning system that provides to reduce unintended disengagement of the fasteners from one another.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giap in view of Baker in view of Hiebert further in view of Williams (US 5,014,374).
Regarding claim 14, Giap in view of Baker in view of Giap in view of Jensen in view of Williams further in view of Hiebert discloses the invention as discussed in claim 13.
Williams further teaches an analogous positioning system (see Fig. 7 and Abstract; stretcher 20 is an analogous positioning system as the stretcher is needed to position and restrain patients), and a support strip (44) positioned transverse to the analogous first, second, and third pad straps (52, 54, 56) (see Fig. 8; retainer strap 44 is a support strip as retainer strap 44 is positioned transverse to strap 52, 54, and 56 as the retainer strap 44 extends vertically and the straps 52, 54, 56 extend horizontally) and configured to receive at least one of the first, second, and third pad straps (52, 54, 56) between the pad body and the support strip (44) (see Fig. 8 and Col. 3 lines 32-42 et seq. lines 46-49; longitudinal retainer strap 44 forms loops via spaced apart locations 46 where the strap 44 is suitably secured to the stretch pad, and straps 52, 54, 56 fit inside the loops so that they can be adjusted longitudinally, and thus the retainer strap 44 is configured to receive straps 52, 54, 56 between the pad body and the retainer strip 44), providing longitudinally adjustably straps to better suit a patient (see Col. 3 lines 46-49).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad body in the device of Giap in view of Baker in view of Giap in view of Jensen in view of Williams further in view of Hiebert with a support strip (44) positioned transverse to the first, second, and third pad straps, and configured to receive at least one of the first, second, and third pad straps between the pad body and the support strip as taught by Williams to have provided an improved positioning system that provides longitudinally adjustable straps to better suit a patient (see Col. 3 lines 46-49).
Conclusion
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
