DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 18, 2026 has been entered.
Specification
The disclosure is objected to because of the following informalities: On page 5, in paragraph 0011, line 5: The term “monitors” should be changed to --monitor--.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent
possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24 of U.S. Patent No. 9,468,307. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2-21 are generic to all that is recited in claims 1, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24 of U.S. Patent No. 9,468,307. In other words, claims 1, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24 of U.S. Patent No. 9,468,307 fully encompass the subject matter of claims 2-21 and therefore anticipate claims 2-21. Since claims 2-21 are anticipated by claims 1, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24 of the patent, they are not patentably distinct from claims 1, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24. Thus the invention of claims 1, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24 of the patent is in effect a “species” of the “generic” invention of claims 2-21. It
has been held that the generic invention is anticipated by the species, see In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claims 2-21 are anticipated (fully encompassed) by claims 1, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24 of the patent, claims 2-21 are not patentably distinct from claims 1, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24, regardless of any additional subject matter present in claims 1,, 6, 7, 9, 12, 14, 16, 17, 19-21, 23 and 24.
Response to Amendment
In response to Applicant’s arguments on pages 7-9 of the amendment with respect to the objection to the specification and the rejection of claims 2-21 under 35 U.S.C. § 112 as indicated in the previous Office action dated May 18, 2026, the examiner respectfully agrees. Hence, this objection and claim rejection have been respectfully withdrawn.
Allowable Subject Matter
The examiner respectfully asserts that none of the limitations of the patient support, the control system for a patient support, and the method of controlling inflation of an inflatable bladder of a patient support as currently recited in claims 2-21 can be rejected under 35 U.S.C. §§§ 102, 103 and 112; accordingly, claims 2-21 are considered as being allowable if the double patenting rejection indicated above was fully overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. U.S. Patent document U.S. Patent Application Publication No. 2026/0283883 and foreign patent document WO 2026/112269 A1 as listed in the attached PTO-892 Notice of References Cited form both incorporate the disclosure of parent case U.S. Patent Application Publication No. 2022/0378636 (now U.S. Patent No. 11,413,202) by reference herein in its entirety, whereas the remaining patent documents as listed in the attached PTO-892 Notice of References Cited form all incorporate the disclosure of parent case Serial No. 13/836,813 (now U.S. Patent No. 9,468,307) by reference herein in its entirety.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G SANTOS whose telephone number is (571)272-7048. The examiner can normally be reached Monday-Friday 9am-11:30am and 2pm-7:30pm.
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/ROBERT G SANTOS/Primary Examiner, Art Unit 3673
