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 .
This is the first office action for application number 18/813,449, STABILIZER SYSTEMS FOR MEDICAL PROCEDURES THAT MAINTAIN STERILITY OF AN ARTICULATING ARM ABOVE A STERILE BARRIER, filed on August 23, 2024.Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 10, and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 and 10 recite the limitation "the mattress" in line 2 of claim 3, and in line 2 of claim 10. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 3, 4, 10, 11, and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,321,917 to Campbell. Campbell discloses a stabilizer system (Fig. 1) for use in a medical procedure to stabilize an access sheath (54) or a delivery device, the stabilizer system comprising: a base (12) configured to be positioned between a patient table (Col. 5, lines 42-46) and a pad (46) on the patient table; an articulating arm (26); a connector (20) configured to secure the articulating arm to a portion (14) of the base that protrudes from under the pad; and a holder (30) at a distal end of the articulating arm, the holder configured to interface with the access sheath or delivery device, wherein the connector is configured to connect to the base in a way that maintains sterility of the articulating arm above a sterile barrier during connection of the connector to the base; wherein the portion of the base that protrudes from under the mattress or pad forms a base mounting portion that mates with the connector; wherein the connector comprises an arm mating pin (22, 23 or 28) configured to mate with the articulating arm; wherein the base forms a base mounting portion (14) on the portion of the base that protrudes from under the mattress or pad; wherein a surgical drape (54) is configured to lie between the base mounting portion and the connector upon connecting the connector to the base; wherein the articulating arm comprises a vertical post that is held vertically stable in relation to the connector during a medical procedure; wherein the holder is releasably attached to the articulating arm; and wherein the articulating arm is releasably attached to the connector.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell in view of U.S. Patent No. 6,626,408 to Lorbiecki et al., hereinafter, Lorbiecki. Campbell discloses the claimed invention except for the limitation of wherein the base is radiolucent.
Lorbiecki teaches a support (100) having a base (110), a holder (170) and wherein the base is radiolucent (Col. 5, lines 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the base in Campbell to have been radiolucent as taught by Lorbiecki for the purpose of providing a base that will give a clear and accurate image for the patient if an X-ray is used during a procedure.
Allowable Subject Matter
Claims 5-9 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 17-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the limitation of wherein the surgical drape is pressed between the connector and the base, included in independent claim 17 and in combination with the other elements cited in the claim, which is not found in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 2,963,247 to Collier et al. is directed to a support for an anesthesia applier, having a base configured to be positioned between a table and a mattress. U.S. Patent No. 3,530,515 to Jacoby is directed to a support for a patient guard having a base and articulating arm with a holder. U.S. Patent No. 3,859,993 to Bitner is directed to an operating table accessory used with a drape. U.S. Patent No. 4,971,037 to Pelta is directed to a table-mounted surgical retractor support. U.S. Patent No. 5,704,900 to Dobrovolny et al. is directed to a support structure on a surgical table. U.S. Patent No. 6,151,734 to Lawrie is directed to a support apparatus having a base positionable between a table and a mattress and the base having a upwardly extending member for supporting a head support.
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/ANITA M KING/ Primary Examiner, Art Unit 3632 January 10, 2026