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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/25/2026 has been entered.
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.
Claim(s) 1-2, 4-5, 8-12, and 17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2004/0172755 to Falbo et al. in view of U.S. Pat. No. 6,038,718 to Pennington et al., and further in view of EP 4035640 A1 to Newkirk et al.
Claims 1 and 17, Falbo discloses a method and a table 10 comprising a table bed 14 comprising a table top surface, a head end, a foot end, a first side, and a second side, wherein the second side is opposite the first side; a cutout opening (40,42) extending from the first side toward the second side, the cutout opening comprising a cutout opening length parallel to the first side and a cutout opening width perpendicular to the first side, wherein the cutout opening is adapted to receive a belly of a patient; a cutout section (36,38) comprising a cutout section top surface, wherein the cutout section is configured to provide a complementary and releasable fit with the cutout opening, wherein when the cutout section is disposed within the cutout opening, the cutout section top surface is in planar alignment and continuous with the table top surface; and a table support 16 adapted to hold the table bed at a desired height above a floor. Falbo is silent to a pedestal located toward an end of the table bed. Pennington a pedestal located toward an end of a table bed 12 defined by a support column 26. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the pedestal disclosed in Pennington with the table bed of Falbo with a reasonable expectation of success because it would have provided an equivalent and alternative base to support the bed table of Falbo. Falbo is silent to the cutout section capable of being selectively lowered and adjusted to variable distances. Newkirk discloses having a cutout side member capable of being lowered from a flush position through intermediate and lowered positions [0060]-[0062](fig. 8-11). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the cutout side member disclosed in Newkirk with the table bed of Falbo with a reasonable expectation of success because it would have provided an equivalent and alternative means to lower the cutout side member in the bed table of Falbo.
Claim 2, Falbo discloses the table wherein the cutout section is slidingly positioned within the cutout opening, with the cutout section adapted to slide with respect to the table such that the cutout section slides out of the cutout opening [0033].
Claim 4-5, Falbo discloses the table, wherein the cutout section is capable of sliding sideways with respect to the table bed and being removed [0033].
Claim 8, Falbo discloses the table further comprising an adjustable support element configured to secure the cutout section to the table bed, wherein the adjustable support element is adapted to permit the cutout section to be repositioned away from the cutout opening (fig. 1-2).
Claim 9, Falbo discloses the table wherein the adjustable support element is adapted to permit the cutout section to be lowered away from the cutout opening (fig. 1).
Claim 10, Falbo discloses the table wherein the adjustable support element is adapted to permit the cutout section to be repositioned and secured at a position in which the cutout section top surface is disposed below the table top surface (fig. 1).
Claim 11, Falbo discloses the table wherein the adjustable support element is a hinge (60,64) adapted to permit the cutout section to be rotated with respect to the table bed [0027][0033].
Claim 12, Falbo discloses the table wherein the table is a diagnostic patient support, but is silent to it comprising a radiolucent frame. Selecting from a plethora of known diagnostic materials is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select a radiolucent material with the table of Falbo with a reasonable expectation of success because it would have provided an equivalent and alternative material for the table of Falbo that does not interfere with the diagnostic systems.
Claim 18, Falbo discloses the method further comprising prior to positioning the patient in a lateral position on the table bed, placing the patient on the table bed in a non-lateral position (fig. 9).
Claim 19, Falbo discloses the method wherein moving the cutout section at least partially out of the cutout opening is performed after positioning the patient into a lateral position on the table bed.
Claim 20, Falbo discloses the method wherein performing the desired procedure includes treating a spine of the patient, and confirming proper positioning of the patient for the desired procedure on the patient comprises confirming proper spinal alignment of the patient (fig. 9).
Claim 21, Falbo discloses the method wherein the cutout section is adapted to be selectively repositioned in various selected positions with respect to the table bed, the method further comprising repositioning the cutout section with respect to the table bed in response to the positioning of the patient on the table bed in order to achieve proper positioning of the patient for the desired procedure on the patient [0033].
Claim 22, Falbo discloses the method wherein the cutout section comprises a cutout section top surface, and the cutout section is adapted to be selectively lowered with respect to the table top surface SO as to change a distance between the table top surface and the cutout section top surface, the method further comprising: adjusting the distance between the table top surface and the cutout section top surface [0033]-[0038].
Claim 23, Falbo discloses the method wherein adjusting the distance between the table top surface and the cutout section top surface is performed in response to the positioning of the patient on the table bed in order to achieve proper positioning of the patient for the desired procedure on the patient [0033]-[0038].
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2012/0186017 to Riach in view of U.S. Pat. No. 6,038,718 to Pennington et al., and further in view of EP 4035640 A1 to Newkirk et al.
Claim 1, Riach discloses an operating table 1 comprising a table bed 30 comprising a table top surface, a head end, a foot end, a first side, and a second side, wherein the second side is opposite the first side; a cutout opening 60 extending from the first side toward the second side, the cutout opening comprising a cutout opening length parallel to the first side and a cutout opening width perpendicular to the first side, wherein the cutout opening is capable of receiving a belly of a patient [0017]-[0019]; a cutout section (38,40) comprising a cutout section top surface, wherein the cutout section is configured to provide a complementary and releasable fit with the cutout opening, wherein when the cutout section is disposed within the cutout opening, the cutout section top surface is in planar alignment with the table top surface; and a table support 16 adapted to hold the table bed at a desired height above a floor (fig. 1-2). Riach is silent to a pedestal located toward an end of the table bed. Pennington a pedestal located toward an end of a table bed 12 defined by a support column 26. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the pedestal disclosed in Pennington with the table bed of Falbo with a reasonable expectation of success because it would have provided an equivalent and alternative base to support the bed table of Falbo. Riach is silent to the cutout section capable of being selectively lowered and adjusted to variable distances. Newkirk discloses having a cutout side member capable of being lowered from a flush position through intermediate and lowered positions [0060]-[0062](fig. 8-11). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the cutout side member disclosed in Newkirk with the table bed of Falbo with a reasonable expectation of success because it would have provided an equivalent and alternative means to lower the cutout side member in the bed table of Falbo.
Claim 2, Riach discloses the table wherein the cutout section 40 is slidingly positioned within the cutout opening, with the cutout section adapted to slide with respect to the table such that the cutout section slides out of the cutout opening (fig. 1)[0017]-[0020). Claim 3, Riach discoses the table wherein the cutout section 40 is adapted to slide lengthwise with respect to the table bed (fig. 1)[0017]-[0020].
Claim 5, Riach discloses the table wherein the cutout section is adapted to be removed from the table bed [0021].
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2004/0172755 to Falbo et al. in view of U.S. Pat. No. 6,038,718 to Pennington et al. in view of EP 4035640 A1 to Newkirk et al., and further in view of U.S. Pat. No. 5,926,876 to Haigh et al.
Claim 6, Falbo discloses the table, but is silent to the cutout section sliding laterally outward from the first side of the bed. Haigh et al. discloses a table section 290 that is moved laterally outward from the side of a table bed and removed (fig. 2B). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the sliding sections disclosed in Haigh with the table of Falbo with a reasonable expectation of success because it would have provided an equivalent and alternative means to position the cutout sections of Falbo. Claim 7, Falbo, as modified, discloses the table wherein the cutout section of Haigh is capable of being removed from the table bed via upward lifting from the table bed (fig. 2).
Claim(s) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2004/0172755 to Falbo et al. in view of U.S. Pat. No. 6,038,718 to Pennington et al., in view of EP 4035640 A1 to Newkirk et al., and further in view of U.S. Pub. No. 2008/0144914 to Wagner et al.
Claim 13, Falbo discloses all of the limitations as stated above, further including a diagnostic system having a means 96 to monitor the patient with a C-arm defined by a tether 98, but is silent to an imaging system. Wagner discloses an imaging system with a C-arm 30 [0047]-[0049]. Selecting from a plethora of diagnostic systems is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the imaging system disclosed in Wagner with the table of Falbo with a reasonable expectation of success because it would have an equivalent and alternative means to acquire diagnostic information of patient for treatment.
Claim 14, Falbo, as modified, discloses the system wherein the imaging system of Wagner comprises an x-ray fluoroscopy system comprising a C-arm element, wherein the table bed is adapted to receive the C-arm element around a portion thereof in order to image the one or more portions of the patient's anatomy [Abstract]. Claim 15, Falbo, as modified, discloses the system wherein the table bed is substantially radiolucent [0006].
Claim 16, Falbo, as modified, discloses the system wherein the table bed at the head end is free and unobstructed such that the C-arm may be passed around and over the table bed starting at the head end and continuing for at least half an overall length of the table bed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 5,184,363 to Falbo discloses a patient table having a cutout section.
U.S. Pat. No. 7,024,711 to Stasney et al. discloses a patient table having a cutout section.
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/FREDRICK C CONLEY/ Primary Examiner, Art Unit 3679