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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17 and 26-30 in the reply filed on 07/22/2026 is acknowledged.
Claims 18-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/22/206.
Claim Rejections - 35 USC § 102
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.
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)(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.
Claims 11-17 and 26-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Breidenbach (US Patent 8,627,738 B2).
With respect to claim 11, Breidenbach teaches an adaptor assembly comprising (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65):
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a first clamp assembly; a second clamp assembly; and a third clamp assembly, wherein each of the first clamp assembly, the second clamp assembly, and the third clamp assembly comprises a clamp bracket extending from a clamp base, a clamp arm supported by the clamp bracket, and a spacer supported by the clamp arm, the spacer adjustable laterally, longitudinally, and rotationally (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 12, Breidenbach teaches the adaptor of claim 11, wherein the first clamp assembly also comprises an adjustor for pivotably adjusting the spacer (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
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With respect to claim 13, Breidenbach teaches the adaptor of claim 11, wherein the clamp arm of each assembly comprises a slot through which a threaded portion of the spacer extends through, wherein the spacer is slidable along the slot and securable to the clamp arm by a nut threading to the threaded portion (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
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With respect to claim 14, Breidenbach teaches the adaptor of claim 13, wherein each assembly comprises a lateral adjustor comprising a knob and a threaded shaft extending from the knob, wherein the clamp arm includes a threaded aperture configured to receive the threaded shaft, and wherein rotation of the knob in a first direction moves the clamp arm in a first lateral direction and rotation of the knob in a second direction moves the clamp arm in a second lateral direction opposite the first lateral direction (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 15, Breidenbach teaches the adaptor of claim 11, wherein the spacer of each assembly comprises a shaft and a contact point coupled to an end of the shaft in a ball and joint configuration (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
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With respect to claim 16, Breidenbach teaches the adaptor of claim 11, wherein each assembly comprises a lateral adjustor comprising an aperture disposed on the clamp arm, wherein the aperture comprises an inner surface having a threaded bore and a non-threaded bore, wherein an axis of the threaded bore is perpendicular to a center line of the clamp arm and an axis of the non-threaded bore is oblique to the center line (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 17, Breidenbach teaches the adaptor of claim 16, wherein the lateral adjustor further comprises a threaded shaft extending through the aperture, wherein when the clamp arm is in a first position, the threaded bore is engaged with the threaded shaft and when the clamp arm is in a second position, the threaded bore is disposed in the non-threaded bore (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 26, Breidenbach teaches an adaptor assembly comprising (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65):
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a plurality of spacers (5, 6, 7) configured to contact a plurality of contact points; and a plurality of holders (8) configured to be adjustable in one or more directions and to support the plurality of spacers (5, 6, 7).
With respect to claim 27, Breidenbach teaches the adaptor of claim 26 (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65), wherein the plurality of holders comprises a bracket comprising a wall extending perpendicularly from a base, one spacer of the plurality of spacers laterally adjustable on the wall, and an adjustor configured to pivotably adjust the spacer, and wherein the plurality of holders further comprises at least one side bracket, each side bracket comprising a wall extending perpendicularly from a base and a corresponding spacer of the plurality of spacers laterally adjustable on the wall (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 28, Breidenbach teaches the adaptor of claim 26 (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65), further comprising a first arm, a second arm, and a third arm, each comprising a first link pivotably connected to a base and a second link pivotably connected to the first link; and wherein the plurality of holders comprises a clamping bar supported by the first arm and pivotably connected to the first link of the first arm, a first side bar supported by the second arm and pivotably connected to the first link of the second arm, and a second side bar supported by the third arm and pivotably connected to the first link of the second arm (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 29, Breidenbach teaches the adaptor of claim 26 (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65), wherein the plurality of holders comprises a first clamp assembly; a second clamp assembly; and a third clamp assembly, wherein each of the first clamp assembly, the second clamp assembly, and the third clamp assembly comprises a clamp bracket extending from a clamp base, a clamp arm supported by the clamp bracket, and a spacer supported by the clamp arm, the spacer adjustable laterally, longitudinally, and rotationally (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 30, Breidenbach teaches the adaptor of claim 26 (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65), wherein the plurality of holders comprises a
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first belt assembly (25), a second belt assembly (25), and a third belt assembly (25), wherein each of the first belt assembly, the second belt assembly, and the third belt assembly comprises a first belt coupled to a belt base at one end and a ratchet at another end, a second belt coupled to the ratchet and a contact point of a plurality of contact points,
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and wherein the ratchet is configured to tighten the second belt (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Breidenbach (US Patent 8,627,738 B2).
With respect to claim 1, Breidenbach teaches (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) an adaptor assembly comprising:
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a first arm, a second arm, and a third arm each comprising a first link pivotably connected to a base (9) and a second link pivotably connected to the first link; a clamping bar supported by the first arm and pivotably connected to the first link of the first arm; a first side bar supported by the second arm and pivotably connected to the first link of the second arm; and a second side bar supported by the third arm and pivotably connected to the first link of the second arm, wherein the clamping bar, the first side bar, and the second side bar are securable to a platform (42)
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but fails to explicitly mention that the adaptor assembly’s link frames and bars are securable to an imaging device.
Grady et al. discloses a system/method for X-ray imaging device (see Fig. 12; paragraphs 0099 and 0117) which explicitly teaches that it is known to provide a gantry in the form of a rotatable and pivotable parallelogram linkage that allows variable positioning of the X-ray source and imaging device relative to the isocenter to obtain quality images for diagnostic and/or therapeutic purposes (see Fig. 12; paragraphs 0099 and 0117).
Breidenbach and Grady et al. disclose related apparatuses for the adaptor assembly’s link frames.
It 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 to provide teachings of the rotatable and pivotable linkage that allows variable positioning of the X-ray source and imaging device as suggested by Grady et al. in the apparatus of by Breidenbach, since such a modification would provide user with the capabilities to allows variable positioning of the X-ray source and imaging device relative to the isocenter to obtain quality images for diagnostic and/or therapeutic purposes.
It would have been obvious to treat Breidenbach and Grady et al. as related art whereby an improvement on one of the systems/methods would readily be apparent as an improvement on either of the systems.
The Examiner’s conclusion that claim 1 would have been obvious is based on the fact that all the claimed elements were known in the prior art, that one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and that the combination teaches nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. 398, 82 USPQ2d at 1385 (2007); Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson ’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atlantic & P. Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950).
With respect to claim 2, Breidenbach (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) as modified by Grady et al. (see Fig. 12; paragraphs 0099 and 0117) teaches the adaptor of claim 1, further comprising a first stopper configured to lock a corresponding first link and a second stopper configured to lock a corresponding second link (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 3, Breidenbach (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) as modified by Grady et al. (see Fig. 12; paragraphs 0099 and 0117) teaches the adaptor of claim 1, further comprising a grip disposed on each of the clamping bar, the first side bar, and the second side bar (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 4, Breidenbach (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) as modified by Grady et al. (see Fig. 12; paragraphs 0099 and 0117) teaches the adaptor of claim 1, wherein the first side bar and the second side bar are each coupled to the clamping bar via a corresponding strap, wherein each strap is adjustable by a corresponding adjuster (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 5, Breidenbach (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) as modified by Grady et al. (see Fig. 12; paragraphs 0099 and 0117) teaches the adaptor of claim 4, wherein the clamping bar, the first side bar, and the second side bar contact an imaging device at a plurality of contact points, and wherein each strap is adjusted to tighten and clamp each of the clamping bar, the first side bar, and the second side bar to the imaging device (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 6, Breidenbach teaches (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) an adaptor assembly comprising: a bracket comprising a wall extending perpendicularly from a base, a spacer laterally adjustable on the wall, and an adjustor configured to pivotably adjust the spacer; and at least one side bracket, each side bracket comprising a wall extending perpendicularly from a base and a spacer laterally adjustable on the wall, wherein the spacer of the bracket and each spacer of the at least one side bracket are configured to contact a platform at a plurality of contact points but fails to explicitly mention an imaging device.
Grady et al. discloses a system/method for X-ray imaging device (see Fig. 12; paragraphs 0099 and 0117) which explicitly teaches that it is known to provide a gantry in the form of a rotatable and pivotable parallelogram linkage that allows variable positioning of the X-ray source and imaging device relative to the isocenter to obtain quality images for diagnostic and/or therapeutic purposes (see Fig. 12; paragraphs 0099 and 0117).
Breidenbach and Grady et al. disclose related apparatuses for the adaptor assembly’s link frames.
It 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 to provide teachings of the rotatable and pivotable linkage that allows variable positioning of the X-ray source and imaging device as suggested by Grady et al. in the apparatus of by Breidenbach, since such a modification would provide user with the capabilities to allows variable positioning of the X-ray source and imaging device relative to the isocenter to obtain quality images for diagnostic and/or therapeutic purposes.
It would have been obvious to treat Breidenbach and Grady et al. as related art whereby an improvement on one of the systems/methods would readily be apparent as an improvement on either of the systems.
The Examiner’s conclusion that claim 6 would have been obvious is based on the fact that all the claimed elements were known in the prior art, that one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and that the combination teaches nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. 398, 82 USPQ2d at 1385 (2007); Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson ’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atlantic & P. Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950).
With respect to claim 7, Breidenbach (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) as modified by Grady et al. (see Fig. 12; paragraphs 0099 and 0117) teaches the adaptor of claim 6, wherein the wall of each of the at least one side bracket comprises a plurality of apertures spaced along a length of the wall, wherein the plurality of apertures are configured to receive the spacer, wherein the spacer is laterally adjustable by removing the spacer from a first set of apertures and securing the spacer to a second set of apertures (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 8, Breidenbach (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) as modified by Grady et al. (see Fig. 12; paragraphs 0099 and 0117) teaches the adaptor of claim 6, wherein the adjustor comprises a trigger and a protrusion each coupled to an adjustor base, wherein the protrusion is received in at least one of a first aperture and a second aperture spaced from the first aperture, wherein actuation of the trigger moves the protrusion from at least one of the first aperture and the second aperture, and wherein the adjustor base is pivotable when the trigger is actuated (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 9, Breidenbach (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) as modified by Grady et al. (see Fig. 12; paragraphs 0099 and 0117) teaches the adaptor of claim 8, wherein the trigger is biased away from the adjustor base (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
With respect to claim 10, Breidenbach (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65) as modified by Grady et al. (see Fig. 12; paragraphs 0099 and 0117) teaches the adaptor of claim 6, wherein the at least one side bracket comprises a first side bracket, a second side bracket, and a third side bracket (see abstract; Figs. 1A-33E; column 11, line 37 – column 18, line 65).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRAKLI KIKNADZE whose telephone number is (571)272-6494. The examiner can normally be reached 9:00 AM - 6:00 PM.
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Irakli Kiknadze
/IRAKLI KIKNADZE/
Primary Examiner, Art Unit 2884
/I.K./ September 4, 2026
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