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 .
Response to Amendment
Applicant’s amendments to claims 1-3, 6, 8-9, 13, 15-16, and 20 filed 12/17/2025 are acknowledged by the examiner.
Claims 1-20 are currently pending and are under examination.
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive.
Applicant’s argument: The cited references do not teach or suggest at least that “the first pair of arm extensions 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, and the second pair of arm extensions 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,” as recited by amended claims 1, 8, and 15.
Examiner’s response: In light of the amendments to the independent claims, the office action has been updated. The Examiner’s believes the prior art still reads on the amended claims. See below. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
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
Claims 8 and 15 are objected to because of the following informalities:
Regarding claim 8, “the first pair of arm extensions” in line 8 should be recited as “the first rear and front arm extensions”.
Regarding claim 8, “the second pair of arm extensions” in line 10 should be recited as “the second rear and front arm extensions”.
Regarding claim 15, “the first pair of arm extensions” in line 8 should be recited as “the first rear and front arm extensions”.
Regarding claim 15, “the second pair of arm extensions” in line 10 should be recited as “the second rear and front 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 ends 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 ends on opposing sides of the longitudinal axis, which is labeled in Annotated Fig. 37 of Giap, as the claim does not specifically state that the transverse end is a terminal end or is a transverse 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),
wherein the first arm extension is 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 (see Annotated Fig. 37 of Giap and [0115]; the padded substrate 16 is adjustably connected to and configured to extend from a first common area
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 of the first transverse end 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 of the second transverse end 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 of the first transverse end 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 of the second transverse end 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 of the first transverse end 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 of the transverse end 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 claim does not specifically state that the transverse end is the edge or is a terminal end), 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 claim does not specifically state that the transverse end is the edge or is a terminal end), 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 of the first transverse end 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 of the second transverse end 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).
Claim(s) 4 and 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 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 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 Kea further 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 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 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 in view of Kea further in view of Baker is silent on further comprising at least one of first, second, and third arm straps 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; 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, Hiebert teaches an analogous positioning system (12) (see Abstract) and an analogous pad body (see Figs. 1-2), and first, second, and third pad straps (38a, 38b, 38c) configured to be positioned through the pad body (see Fig. 2 and [0061]; fastener straps 38a, 38b, 38c are first, second, and third pad straps as they are attached to the bag 12, and are positioned through the bag 12 as the fastener straps 38a, 38b, 38c extend horizontally from one side of bag 12 to the other side), providing to secure the pad body to an operating table (see [0061]) for better stability.
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 further in view of Baker with at least one of first, second, and third pad straps (38a, 38b, 38c) configured to be positioned through the pad body as taught by Hiebert to have provided an improved positioning system that provides to secure the pad body to an operating table (see [0061]) for better stability.
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 Hiebert further in view of Flatt (US 2016/0279007 A1).
Regarding claim 7, Giap in view of Kea in view of Baker further in view of Hiebert discloses the invention as discussed in claim 6.
Giap in view of Kea in view of Baker 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 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 ends 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 claim does not specify that the transverse ends are terminal ends or are transverse edges), 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 first rear arm extension and a second rear arm extension, wherein the first pair of arm extensions 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, and the second pair of arm extensions 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.
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 pair of arm extensions (or first rear and front arm extensions) (624a,624b) 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 (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 of the transverse end 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 claim does not specifically state that the transverse end is the edge or is a terminal end), and the second pair of arm extensions (or 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 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 claim does not specifically state that the transverse end is the edge or is a terminal end), 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 (616b, 616a) 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 of the first transverse end 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 of the second transverse end 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 (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 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 (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 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).
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 ends 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 claim does not specify that the transverse ends are terminal ends or are transverse edges), 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 pair of arm extensions 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, and the second pair of arm extensions 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.
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 pair of arm extensions (or first rear and front rear arm extensions) (624a,624b) 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 (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 of the transverse end 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 claim does not specifically state that the transverse end is the edge or is a terminal end), and the second pair of arm extensions (or 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 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 claim does not specifically state that the transverse end is the edge or is a terminal end), 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 (616b, 616a) 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).
Claim(s) 11-12 and 18-19 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 in view of Baker is silent on further comprising at least one of
first, second, and third arm straps 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; 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, Hiebert teaches an analogous positioning system (12) (see Abstract) and an analogous pad body (see Figs. 1-2), and first, second, and third pad straps (38a, 38b, 38c) configured to be positioned through the pad body (see Fig. 2 and [0061]; fastener straps 38a, 38b, 38c are first, second, and third pad straps as they are attached to the bag 12, and are positioned through the bag 12 as the fastener straps 38a, 38b, 38c extend horizontally from one side of bag 12 to the other side), providing to secure the pad body to an operating table (see [0061]) for better stability.
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 with at least one of first, second, and third pad straps (38a, 38b, 38c) configured to be positioned through the pad body as taught by Hiebert to have provided an improved positioning system that provides to secure the pad body to an operating table (see [0061]) for better stability.
Regarding claim 20, Giap in view of Baker discloses the method as discussed in claim 15.
Giap in view of Baker is silent on further comprising at least one of:
first, second, and third arm straps 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; 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, Hiebert teaches an analogous positioning system (12) (see Abstract) and an analogous pad body (see Figs. 1-2), and first, second, and third pad straps (38a, 38b, 38c) configured to be positioned through the pad body (see Fig. 2 and [0061]; fastener straps 38a, 38b, 38c are first, second, and third pad straps as they are attached to the bag 12, and are positioned through the bag 12 as the fastener straps 38a, 38b, 38c extend horizontally from one side of bag 12 to the other side), providing to secure the pad body to an operating table (see [0061]) for better stability.
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 with at least one of first, second, and third pad straps (38a, 38b, 38c) configured to be positioned through the pad body as taught by Hiebert to have provided an improved method of using a positioning system that provides to secure the pad body to an operating table (see [0061]) for better stability.
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 further in view of Hiebert discloses the invention as discussed in claim 13.
Giap in view of Baker further in view of Hiebert is silent on a support strip 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, 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 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 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
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.
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786