Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,3-5,9-10,15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Publication No. 112515908 issued to Tian.
Regarding claim 1,
Tian discloses a surgical bed head resting apparatus (Tian: FIG. 1 (1)) comprising: an inflatable headrest with at least a first and a second inflatable compartment to support a patient’s head away from the surgical bed, (Tian: FIG. 1 (11, 12)) and an inflation device to alternately inflate and deflate the first and then the second inflatable compartment. (Tian: FIG. 1 (3) see also page 6 last paragraph which describes how the inflation mechanism inflates and deflates the first and second air bags to support different parts of the patient.)
Regarding claim 3,
Tian discloses a surgical bed head resting apparatus according to claim 1 wherein the first and the second inflatable compartments are inflatable to be radially distant from each other. (Tian: FIG. 1 (11, 12) are radially distant from one another)
Regarding claim 4,
Tian discloses a surgical bed head resting apparatus according to claim 1 wherein the inflation device is fluidically connected to the inflatable compartments to alternately inflate and deflate at least the first inflatable compartment and then at least the second inflatable compartment to continuously provide ring shape support. (Tian: FIG. 1 (3) pumps air into the device which forms a ring shaped structure in (11, 12))
Regarding claim 5,
Tian discloses a surgical bed head resting device according to claim 1 wherein the inflatable compartments comprise smooth membrane inflatable to a stretched smooth surface upon which to rest and support the patients head. (Tian: FIG. 1, the device is an air bag which has a material that is designed to be stretched, the examiner notes that such material is designed to be smooth since this invention supports a patient in a long term setting)
Regarding claim 9,
Tian discloses a surgical bed head resting apparatus according to claim 1 comprising flexible tubing which fluidically connects the inflation device to the inflatable compartments and permits manual displacement of the inflatable headrest relative to the inflation device to position the headrest on the surgical bed. (Tian: FIG. 1 (21,22))
Regarding claim 10,
Tian discloses a surgical bed head resting apparatus (Tian: FIG. 1 (1)) comprising: an inflatable head rest comprising at least first and second inflatable compartments to form a first head ring when inflated to support a patient’s head away from the surgical bed; (Tian: FIG. 1 (11, 12)) and an inflation device to alternately inflate and deflate at least the first inflatable compartment and then at least the second inflatable compartment to continuously provide ring shape support. (Tian: FIG. 1 (3) see also page 6 last paragraph which describes how the inflation mechanism inflates and deflates the first and second air bags to support different parts of the patient.)
Regarding claim 15,
Tian discloses a surgical bed head resting apparatus (Tian: FIG. 1 (1)) comprising: an inflatable head rest comprising at least a first inflatable compartment to form a first head ring when inflated to provide an inner ring shape support to the head of a patient, and and at least a second inflatable compartment to form a second head ring when inflated that surrounds the first head ring to provide an outer ring shape support to the head of the patient; (Tian: FIG. 1 (11, 12)) and an inflation device to alternately inflate and then deflate at least the first inflatable compartment(s) to form the first head ring and then at least the second inflatable compartment(s) to form the second head ring to continuously provide ring shape support. (Tian: FIG. 1 (3) see also page 6 last paragraph which describes how the inflation mechanism inflates and deflates the first and second air bags to support different parts of the patient.)
Regarding claim 16,
Tian discloses a surgical bed head resting apparatus according to claim 15 comprising a first flexible tubing fluidically connecting the inflation device to the first head ring and a second flexible tubing fluidically connecting the inflation device to the second head ring to individually position the first and second head ring on the surgical bed. (Tian: FIG. 1)
Regarding claim 17,
Tian discloses a surgical bed kit comprising a surgical bed and a surgical bed head resting apparatus according to claim 1. (Tian: pages 1-2 talk about using the device in a surgical operation i.e. operating table)
Regarding claim 18,
Tian discloses a surgical bed comprising a surgical bed head resting apparatus according to claim 1. (Tian: pages 1-2 talk about using the device in a surgical operation i.e. operating table)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2, 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian in view of U.S. Publication No. 20090070938 issued to Kell.
Regarding claim 2,
Tian discloses a surgical bed head resting apparatus according to claim 1.
Tian does not appear to disclose wherein the first and the second inflatable compartments are inflatable to be angularly distant from each other.
However, Kell discloses wherein the first and the second inflatable compartments are inflatable to be angularly distant from each other. (Kell: FIG. 1 shows (12, 14, 16, 18, 20, 22, 24) which are inflatable compartments in a ring like structure that are angularly distant from one another. The examiner notes that this can be implemented into Tian’s ring like structure which would result in one inflatable section in one of the inner rings being angularly distant from another inflatable section in an outer inflatable ring.)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tian directed to a surgical pillow by implementing inflatable sections within the ring structure as taught in Kell directed to a dynamic infant head support since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of enhance pressure relief across the concentric regions of the ring while reducing pressure sores or ischemia and provide dynamic alternating support zones to match anatomical contours more effectively.
Regarding claim 6,
Tian discloses a surgical bed head resting device according to claim 1.
Tian does not appear to disclose wherein the inflation device comprises adjustable settings to set a time duration for inflation and deflation of each of the inflatable compartments to limit time of pressure on the patient’s head where the inflatable headrest supports the patient’s head.
However, Kell discloses wherein the inflation device comprises adjustable settings to set a time duration for inflation and deflation of each of the inflatable compartments to limit time of pressure on the patient’s head where the inflatable headrest supports the patient’s head. (Kell: [0048] “The controller operates the valves in head support 10 in a particular pattern or sequence for specific durations of time. The pressurized air flows through conduit 60 and enters inlet port 64 of head support 10.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tian directed to a surgical pillow by programming the controller to have alternating inflation in a time sequence as taught in Kell directed to a dynamic infant head support since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of enhance pressure relief across the concentric regions of the ring while reducing pressure sores or ischemia and promote blood flow throughout the cranium of the user’s head.
Regarding claim 7,
Tian discloses a surgical bed head resting device according to claim 1.
Tian does not appear to disclose wherein inflation device comprises an automatic controller to automatically control inflation and deflation of the inflatable compartments.
However, Kell discloses wherein inflation device comprises an automatic controller to automatically control inflation and deflation of the inflatable compartments. (Kell: [0048] “The controller operates the valves in head support 10 in a particular pattern or sequence for specific durations of time. The pressurized air flows through conduit 60 and enters inlet port 64 of head support 10.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tian directed to a surgical pillow by programming the controller to have alternating inflation in a time sequence as taught in Kell directed to a dynamic infant head support since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of enhance pressure relief across the concentric regions of the ring while reducing pressure sores or ischemia and promote blood flow throughout the cranium of the user’s head.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian in view of U.S. Publication No. 20230093733 issued to Du.
Regarding claim 8,
Tian discloses a surgical bed head resting device according to claim 1.
Tian does not appear to disclose wherein inflation device comprises manual means to manually control inflation and deflation of the inflatable compartments.
However, Du discloses wherein inflation device comprises manual means to manually control inflation and deflation of the inflatable compartments. (Du: Abstract “According to the automatic massage portable massage table of the present disclosure, a user can command a circuit board to supply power to an air pump and a plurality of air valves through buttons of a controller. “)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tian by including buttons on the controller as taught in Du directed to a automatic massage table in order to allow for a user to manually control the inflation and deflation of the device of Tian.
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian in view of U.S. Publication No. 20090070938 issued to Kell further in view of U.S. Publication No. 20230126248 issued to Kerner.
Regarding claim 11,
Tian discloses a surgical bed head resting apparatus according to claim 10.
Tian does not appear to disclose wherein the inflatable compartments are fluidically connected to each other in separate groups, and the inflation device is separately fluidically connected to each group to alternately inflate each group of inflatable compartments.
However, Kell discloses wherein the inflatable compartments are fluidically connected to each other in separate groups, and the inflation device is separately fluidically connected to each group to alternately inflate each group of inflatable compartments. (Kell: FIG. 1 shows (12, 14, 16, 18, 20, 22, 24) all connected to the inflation device each separately inflatable.)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tian directed to a surgical pillow by implementing inflatable sections within the ring structure as taught in Kell directed to a dynamic infant head support since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of enhance pressure relief across the concentric regions of the ring while reducing pressure sores or ischemia and provide dynamic alternating support zones to match anatomical contours more effectively.
Tian in view of Kell does not appear to disclose utilizing multiple sections as a group.
However, Kerner discloses utilizing multiple sections as a group or an individual section. (Kerner: [0074] “The controller may change the inflation state of the one or more inflatable chambers, perhaps as a group of two or more inflatable chambers. Groups of one or more inflatable chambers may be configured by the user, perhaps for example by the practitioner via the user interface.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tian in view of Kell by adding a feature to the controller that will allow it to control one or more sections at a time as taught in Kerner in order to apply pressure therapy to specific areas of a user’s head at a given time.
Regarding claim 12,
Tian in view of Kell in view of Kerner discloses a surgical bed head resting apparatus according to claim 11, comprising separate plenums each fluidically connected to the inflation device and the inflatable compartments in a respective one of the groups. (The examiner notes that the combination of the three references reads on this since: Tian describes separate plenums fluidically coupled to a inflation device Kell describes inflatable compartments coupled to a inflation device, and Kerner describes inflation one or more as a group depending on user preference)
Regarding claim 13,
Tian in view of Kell in view of Kerner discloses a surgical bed head resting apparatus according to claim 12 wherein the separate plenums include a first plenum surrounded by the first head ring and a second plenum surrounding the first head ring. (Tian: FIG. 1 (11, 12))
Regarding claim 14,
Tian in view of Kell in view of Kerner discloses a surgical bed head resting device according to claim 13 wherein the inflation device comprises adjustable settings to set a time duration for inflation and deflation of each group of the inflatable compartments to limit time of pressure on the patient’s head where the inflatable headrest supports the patient’s head. (Kell: [0048] “Controller 62 includes a program (not shown) for operating the solenoid valves associated with manifold 50 in a predetermined pattern. The controller operates the valves in head support 10 in a particular pattern or sequence for specific durations of time.” The examiner notes that the combination of the three references would result in one or more inflatable compartments being alternatively inflatable given the teachings of the three references.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673