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 .
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.
Election/Restrictions
Applicant’s election without traverse of Species I as represented by Figs. 1-9 in the reply filed on 11/13/25 is acknowledged.
Claims 6, 9, 15, 18, and 22-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/13/25. With regard to claim 6, claim 15, and claim 24, it is noted that the storage recess is solely described with regard to non-elected figures 11-15 and is not depicted in figures 1-9. With regard to claim 23, the claimed subject matter is only disclosed with regard to non-elected figures 10-17.
Drawings
The drawings are objected to because each sheet appears to have a little plus or cross sign in two corners which should be removed. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 8, 17, and 21 are each objected to because of the following informalities: typographical error. Each claim recites “a head of baby.” Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 8 and 11-14, 16-17, and 19 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 8 appears to positively recite a baby, i.e. a human organism, in the recitation of “the baby being supported on the central support region.” The clause is separate from the prior intended use clause of “for supporting a head of a baby.”
Claim 11 appears to positively recite a baby, i.e. a human organism, in the recitation of “the baby being supported on the central support region.” The clause is separate from the prior intended use clause of “for accommodating one or more medical tubes in a baby.”
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 person shall be entitled to a patent unless –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-8, 10-14, 16-17, and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Safadago (US Patent No. 4354485).
Examiner’s comment regarding all pending examined claims –
The claim set uses a large amount of intended use recitations. For brevity, the rejections below do not comment regarding the intended use and instead the recitations will be addressed here. The below are merely examples, but the examiner’s comment applies to each and every instance of intended use in the claim set even where not explicitly addressed below. Some examples of intended use are as follows “a prone positioning device for a baby” in claim 1, “a base for supporting the main body on a surface” in claim 1, “a central support region extending between the front and rear ends of the main body for supporting at least a torso of a baby” in claim 1, “for confining a baby within the central region” in claim 2, “for supporting a head of baby” in claim 8, etc. For each instance in the claim set, please note that it has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex part Masham, 2 USPQ2d 1647 (1987).
Re Claim 1
Safadago discloses:
A prone positioning device (see all figs.) for a baby (intended use, but it is nevertheless disclosed by the reference – “Such adjustability also permits use for children, particularly infants, whose trunk control and stability may be relatively undeveloped so that a hip strap alone provides insufficient support” and “Attachment of the head supporting appliance 48 permits use of the prone board during longer periods of time by reducing the strain on the neck muscles and permits use by infants prior to full development of the neck muscles or by children who have dysfunctional neck control.”) comprising:
a main body (as defined by the structure / elements below) comprising:
spaced apart front and rear ends (e.g. head and foot ends; alternatively, the terminal front-most end and the terminal rear-most end);
spaced apart sides (e.g. left and right sides, see fig. 10);
a base for supporting the main body on a surface (7 and 8);
a central support region extending between the front and rear ends of the main body for supporting at least a torso of a baby (region defined by 4 and 5; alternatively, the region may simply be the space between the head end and the foot end; alternatively, the region between the terminal front-most and terminal rear-most ends); and
a recess extending into the central support region from the front end toward the rear end of the main body and constructed for accommodating one or more medical tubes in a baby supported on the central support region (space between supports 4 and 5; alternatively, any one or more of the openings in 4 and 5 – see fig 7, e.g. at 33’, 47, and/or 30).
Re Claim 2
Safadago discloses:
including sidewalls (25) at opposite sides of the central support region and extending upwardly above the central support region for sideways confining a baby within the central support region (see all figs; see in particular fig. 10).
Re Claim 3
Safadago discloses:
including a groin support (36 and/or 37) extending upwardly from the central support region and configured for placement between legs and against a groin of a baby supported on the central support region (see all figs).
Re Claim 4
Safadago discloses:
including a tray (84) extending outwardly from the front end of the main body (fig. 10, at least indirectly).
Re Claim 5
Safadago discloses:
wherein the tray is detachable from the front end of the main body (the tray is capable of being detached and is therefore detachable as claimed; it can be readily disassembled or even removed via cutting or other removal means; nevertheless, see the connection points in fig. 10 which show the detachable nature).
Re Claim 7
Safadago discloses:
including at least one adjustable support extendable downwardly below the base of the main body for elevating the central support region at the front end of the main body above or further above the central support region at the rear end of the main body (79; see fig. 10).
Re Claim 8
Safadago discloses:
including a head rest (48) positionable in a supported position spaced forwardly from the front end of the main body for supporting a head of baby (fig. 10, for example), the baby being supported on the central support region (fig. 10, for example).
Re Claim 10
Safadago discloses:
including a tray (84) extending outwardly from the front end of the main body (fig. 10, at least indirectly) and positioned in a plane below the head rest (fig. 10).
Re Claim 11
Safadago discloses:
A prone positioning device (see all figs.) for a baby (intended use, but it is nevertheless disclosed by the reference – “Such adjustability also permits use for children, particularly infants, whose trunk control and stability may be relatively undeveloped so that a hip strap alone provides insufficient support” and “Attachment of the head supporting appliance 48 permits use of the prone board during longer periods of time by reducing the strain on the neck muscles and permits use by infants prior to full development of the neck muscles or by children who have dysfunctional neck control.”) comprising:
a main body (as defined by the structure / elements below) comprising:
spaced apart front and rear ends (e.g. head and foot ends; alternatively, the terminal front-most end and the terminal rear-most end);
spaced apart sides (e.g. left and right sides, see fig. 10);
a base for supporting the main body on a surface (7 and 8);
a central support region extending between and sloping downwardly from the front toward the rear end of the main body for supporting at least a torso of a baby (region defined by 4 and 5; alternatively, the region may simply be the space between the head end and the foot end; alternatively, the region between the terminal front-most and terminal rear-most ends; see fig. 10);
sidewalls (25) extending upwardly above the central support region at the spaced apart sides for sideways confining a baby within the central support region (see all figs; see in particular fig. 10); and
a recess extending into the central support region from the front end toward the rear end of the main body and constructed for accommodating one or more medical tubes in a baby, the baby being supported on the central support region (space between supports 4 and 5; alternatively, any one or more of the openings in 4 and 5 – see fig 7, e.g. at 33’, 47, and/or 30).
Re Claim 12
Safadago discloses:
including a groin support (36 and/or 37) extending upwardly from the central support region and configured for placement between legs and against a groin of a baby supported on the central support region (fig. 10), said groin support being positionable at multiple spaced apart locations along a longitudinal midline of the central support region (see all figs, in particular figs. 10, 6, and 7).
Re Claim 13
Safadago discloses:
including a tray (84) extending outwardly from the front end of the main body (fig. 10, at least indirectly).
Re Claim 14
Safadago discloses:
wherein the tray is detachable from the front end of the main body (the tray is capable of being detached and is therefore detachable as claimed; it can be readily disassembled or even removed via cutting or other removal means; nevertheless, see the connection points in fig. 10 which show the detachable nature).
Re Claim 16
Safadago discloses:
including at least one adjustable support extendable downwardly at multiple positions below the base of the main body for elevating the central support region at the front end of the main body further above the central support region at the rear end of the main body (79; see fig. 10).
Re Claim 17
Safadago discloses:
including an adjustable head rest (48) positionable in multiple supported positions spaced forwardly from the front end of the main body in a plane above the central support region for supporting a head of baby supported on the central support region (figs. 10-11).
Re Claim 19
Safadago discloses:
including a tray (84) extending outwardly from the front end of the main body (fig. 10, at least indirectly) and positioned in a plane below the head rest (fig. 10).
Re Claim 20
Safadago discloses:
A prone positioning device (see all figs.) for a baby (intended use, but it is nevertheless disclosed by the reference – “Such adjustability also permits use for children, particularly infants, whose trunk control and stability may be relatively undeveloped so that a hip strap alone provides insufficient support” and “Attachment of the head supporting appliance 48 permits use of the prone board during longer periods of time by reducing the strain on the neck muscles and permits use by infants prior to full development of the neck muscles or by children who have dysfunctional neck control.”) comprising:
a main body (as defined by the structure / elements below) comprising:
spaced apart front and rear ends (e.g. head and foot ends; alternatively, the terminal front-most end and the terminal rear-most end);
spaced apart sides (e.g. left and right sides, see fig. 10);
a base for supporting the main body on a surface (7 and 8);
a central support region extending between and sloping downwardly from the front toward the rear end of the main body for supporting at least a torso of a baby (region defined by 4 and 5; alternatively, the region may simply be the space between the head end and the foot end; alternatively, the region between the terminal front-most and terminal rear-most ends; see fig. 10);
sidewalls (25) extending upwardly above the central support region at the spaced apart sides for sideways confining a baby within the central support region (see all figs; see in particular fig. 10); and
a recess extending into the central support region from the front end toward the rear end of the main body and constructed for accommodating one or more medical tubes in a baby supported on the central support region (space between supports 4 and 5; alternatively, any one or more of the openings in 4 and 5 – see fig 7, e.g. at 33’, 47, and/or 30);
a groin support (36 and/or 37) extending upwardly from the central support region and configured for placement between legs and against a groin of a baby supported on the central support region (see fig. 10), said groin support being positionable at multiple spaced apart locations along a longitudinal midline of the central support region (see all figs, in particular figs. 10, 6, and 7);
a strap (26) carried by the main body for extending over and retaining a baby on the central support region (“It is desirable to provide a hip strap 26 (FIG. 6) which may be fastened to one of the ventral supports such as the chest support 22 or an intermediate pad 27 (FIG. 10) or to a frame member 7 or 8.”);
a tray (84) extending outwardly from the front end of the main body (fig. 10, at least indirectly) and positioned in a plane below the head rest (fig. 10); and
at least one adjustable support extendable downwardly at multiple positions below the base of the main body for elevating the central support region at the front end of the main body further above the central support region at the rear end of the main body (79; see fig. 10).
Re Claim 21
Safadago discloses:
including a head rest (48) carried by a frame attached to the main body for supporting a head of baby supported on the central support region (figs. 10-11), said frame being adjustable to place the head rest in multiple supported positions spaced forwardly from the front end of the main body in a plane above the central support region (figs. 10-11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional infant, child, and adult supports are provided, most of which are specific positioning devices including adjustable support arrangements for parts of the body in particular positions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SOSNOWSKI whose telephone number is (571)270-7944. The examiner can normally be reached 8:30 AM - 3:30 PM and 9 PM through 11:59 PM Monday through Friday, generally.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571)272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID E. SOSNOWSKI/
Primary Patent Examiner
Art Unit 3673
/David E Sosnowski/ Primary Patent Examiner, Art Unit 3673