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 .
Status of the Application
Claims 1-14 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 10/29/2025 has been acknowledged by the Office.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “inflating a portion of the portion of the support assembly” (Claims 7 and 14) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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
Claim(s) 1-3, 7-9, and 14 are objected to because of the following informalities (specifically noting that several claims include possessive nouns and improper primary/secondary antecedent basis, as such and for the purposes of examination, the Examiner has included the suggested amendments):
1. (Currently Amended) A method of repositioning a patient on a patient positioning system that comprises a first patient positioner and a second patient positioner, each of the patient positioners including a base plate, an adjustable platform movable relative to the base plate, a support assembly supported on the adjustable platform, a lateral constraint assembly positioned on the adjustable platform, and a position lock operable to selectively lock the adjustable platform relative to the base plate, the method comprising: positioning the first and second patient positioners on a patient support apparatus; positioning a patient on the first patient positioner and the second patient positioner in a prone position, the first patient positioner supporting a portion of a torso of the patient and the second patient positioner supporting a portion of a lower body of the patient; positioning the lateral constraint assembly of the first patient positioner to engage [[the]] lateral sides of the [[patient’s]] torso of the patient to secure the [[patient’s]] torso of the patient from lateral movement relative to the first patient positioner; positioning the lateral constraint assembly of the second patient positioner to engage the lateral sides of the lower body of the patient to secure the lower body of the patient from lateral movement relative to the first patient positioner; adjusting the adjustable platform of either the first patient positioner or second patient positioner to a first position relative to the respective base plate and engaging the position lock of the respective first patient positioner or second patient positioner to stabilize the patient in a first position relative to the respective first patient positioner or second patient positioner; adjusting the adjustable platform of the other of the first patient positioner or second patient positioner to a first position relative to the respective base plate to adjust the spine of the patient in [[the]] a coronal plane; and engaging the position lock of the other of the first patient positioner or second patient positioner to secure the respective first or second patient positioner in the position that adjusts the spine of the patient in the coronal plane.
2. (Currently Amended) The method of claim 1, further comprising the step of: adjusting [[the]] a height of a portion of one of the support assemblies to adjust a portion a spine of the patient in [[the]] a sagittal plane.
3. (Currently Amended) The method of claim 2, further comprising the steps of: releasing the position lock of one of the first and second patient positioners; moving the adjustable platform of the released first or second patient positioner to a new position to re-adjust the position of the [[patient’s]] spine of the patient in the coronal plane; and re-engaging the position lock of the released first or second patient positioner to secure the first or second positioner in the new position.
7. (Currently Amended) The method of claim 6, wherein the step of adjusting the height of a portion of one of the support assemblies to adjust a portion of the [[patient’s]] spine of the patient in the sagittal plane includes inflating a portion of the portion of the support assembly to vary the height of the portion of the support assembly.
8. (Currently Amended) A method of repositioning a patient on a patient positioning system that comprises a first patient positioner including a base plate, an adjustable platform movable relative to the base plate, a support assembly supported on the adjustable platform, a lateral constraint assembly positioned on the adjustable platform, and a position lock operable to selectively lock the adjustable platform relative to the base plate, the method comprising: positioning the first patient positioner on a patient support apparatus; positioning a patient on the first patient positioner in a prone position, the first patient positioner supporting a portion of a body of the patient; positioning the lateral constraint assembly of the first patient positioner to engage the lateral sides of the body of the patient to secure the body of the patient from lateral movement relative to the first patient positioner; adjusting the adjustable platform of the first patient positioner to a first position relative to the respective base plate and engaging the position lock of the respective first patient positioner to stabilize the patient in a first position relative to the respective first patient positioner.
9. (Currently Amended) The method of claim 8, further comprising the step of: adjusting [[the]] a height of a portion of the first patient positioner to adjust a portion of the spine of the patient in the sagittal plane.
14. (Currently Amended) The method of claim 13, wherein the step of adjusting the height of a portion of the support assembly to adjust a portion of the spine of the patient in the sagittal plane includes inflating a portion of the portion of the support assembly to vary [[the]] a height of the portion of the support assembly.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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) 1-4 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Riley (US 20170079864 A1) in view of Skripps (US 20060248650 A1).
In regards to Claim 1, Riley teaches: A method of repositioning a patient (Fig. 11) on a patient positioning system (1100 - Fig. 11) that comprises a first patient positioner (see annotated Fig. 1.1 from Riley) and a second patient positioner (see annotated Fig. 1.1 from Riley), each of the patient positioners including a base plate (110 - Fig. 1), an adjustable platform movable relative to the base plate (140, 160 - Fig. 2, Abstract noting that it can move along the length showing differential in Fig. 1 vs. Fig. 2), a support assembly supported on the adjustable platform (150, 170 - Fig. 2), a lateral constraint assembly positioned on the adjustable platform (156, 176), [[and a position lock operable to selectively lock the adjustable platform relative to the base plate,]] the method comprising: positioning the first and second patient positioners on a patient support apparatus (Figs. 1-2); positioning a patient on the first patient positioner and the second patient positioner in a prone position (Fig. 11, showing patient in prone position), the first patient positioner supporting a portion of the patient’s torso (see annotated Fig. 11.1 from Riley) and the second patient positioner supporting a portion of the patient’s lower body (see annotated Fig. 11.1 from Riley); positioning the lateral constraint assembly of the first patient positioner to engage the lateral sides of the patient’s torso to secure the patient’s torso from lateral movement relative to the first patient positioner (shown in Fig. 11 to engage the lateral sides of the patient's torso for lateral support, Para 0051 and Para 0054 noting "Thereby, the securing members 751 and 746 allow the position of the stabilizing support members 750 to be removably, passively fixed with respect to a platform (e.g., preventing lateral movement of the stabilizing support member), for example, while the patient is disposed on the frame."); positioning the lateral constraint assembly of the second patient positioner to engage the lateral sides of the patient’s lower body to secure the patient’s lower body from lateral movement relative to the first patient positioner (shown in Fig. 11 to engage the lateral sides of the patient's torso for lateral support, Para 0051 and Para 0054 noting "Thereby, the securing members 751 and 746 allow the position of the stabilizing support members 750 to be removably, passively fixed with respect to a platform (e.g., preventing lateral movement of the stabilizing support member), for example, while the patient is disposed on the frame."); adjusting the adjustable platform of either the first patient positioner or second patient positioner to a first position relative to the respective base plate (Fig. 1 shows first position relative to base plate and noting Fig. 5A, Para 0051 further disclosing the arrows and the relative movement between each positioner) [[and engaging the position lock of the respective first patient positioner or second patient positioner to stabilize the patient in a first position relative to the respective first patient positioner or second patient positioner]]; adjusting the adjustable platform of the other of the first patient positioner or second patient positioner to a first position relative to the respective base plate to adjust the patient’s spine in the coronal plane (see annotated Fig. 5A.1 from Riley); [[and engaging the position lock of the other of the first patient positioner or second patient positioner to secure the respective first or second patient positioner in the position that adjusts the patient’s spine in the coronal plane.]]
PNG
media_image1.png
482
572
media_image1.png
Greyscale
Annotated Fig. 1.1 from Riley
PNG
media_image2.png
418
616
media_image2.png
Greyscale
Annotated Fig. 11.1 from Riley
PNG
media_image3.png
445
637
media_image3.png
Greyscale
Annotated Fig. 5A.1 from Riley
Riley does not explicitly teach: and a position lock operable to selectively lock the adjustable platform relative to the base plate, and engaging the position lock of the respective first patient positioner or second patient positioner to stabilize the patient in a first position relative to the respective first patient positioner or second patient positioner, and engaging the position lock of the other of the first patient positioner or second patient positioner to secure the respective first or second patient positioner in the position that adjusts the patient’s spine in the coronal plane.
Skripps teaches: and a position lock operable to selectively lock the adjustable platform relative to the base plate (72, 74 - Fig. 5), and engaging the position lock of the respective first patient positioner or second patient positioner to stabilize the patient in a first position relative to the respective first patient positioner or second patient positioner (Para 0135 and Para 0075), and engaging the position lock of the other of the first patient positioner or second patient positioner to secure the respective first or second patient positioner in the position that adjusts the patient’s spine in the coronal plane (Para 0006, Para 0075, 0078).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Riley by incorporating a position lock operable to selectively lock the adjustable platform relative to the base plate, as taught by Skripps, in order to secure and stabilize the adjustable platform during patient positioning, as such locking mechanisms were well known and predictably improve positional stability.
In regards to Claim 2, Riley in view of Skripps teaches: The method of claim 1, Riley further teaches, further comprising the step of: adjusting the height of a portion of one of the support assemblies to adjust a portion of the patient’s spine in the sagittal plane (adding in 142 shown in Fig. 2, would increase the platform in height, aka the sagittal plane - Para 0046).
In regards to Claim 3, Riley in view of Skripps teaches: The method of claim 2, Skripps further teaches, further comprising the steps of: releasing the position lock of one of the first and second patient positioners; moving the adjustable platform of the released first or second patient positioner to a new position to re-adjust the position of the patient’s spine in the coronal plane; and re-engaging the position lock of the released first or second patient positioner to secure the first or second positioner in the new position (Para 0081 discloses that body portion 124 can move to an engaged and disengaged position along the upper surface of the rail members 60,62 thus moving between different positions in coronal plane for both first and second patient positioners, further noting that 72, 74 are identical per Para 0083 and both are called out with same element numbers in Fig. 1 showing element 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Riley in view of Skripps to include releasing a position lock, repositioning the adjustable platform, and re-engaging the position lock, as taught by Skripps, in order to permit readjustment and securement of the patient’s position in the coronal plane, providing the best position for the patient during the procedure.
In regards to Claim 4, Riley in view of Skripps teaches: The method of claim 3, Skripps further teaches, wherein the step of adjusting the position of an adjustable platform of either of the first and second patient positioners includes rotating the adjustable platform about a rotation axis of the adjustable platform and moving the rotation axis of the respective adjustable platform linearly relative to the base plate (Para 0084: "Additionally, the pivoting action of couplers 72 and 74 combined with translation, allow the body-support apparatus 10 to be positioned on a patient-support apparatus such as surgical table 66 or accessory frame 12 in an orientation such that the longitudinal axis 82 of cross-member 76 is oblique to the longitudinal axis of the patient-support apparatus", showing in Fig. 2 the oblique angle and overhead rotation axis).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Riley in view of Skripps to include rotating the adjustable platform about a rotation axis and translating the rotation axis relative to the base plate, as taught by Skripps, to allow oblique positioning of the patient support apparatus relative to the patient support surface, providing the best position for the patient during the procedure.
In regards to Claim 8, Riley teaches: A method of repositioning a patient (Fig. 11) on a patient positioning system (1100 - Fig. 11) that comprises a first patient positioner (see annotated Fig. 1.1 from Riley) including a base plate (110 - Fig. 2), an adjustable platform movable relative to the base plate (140 - Fig. 2), a support assembly supported on the adjustable platform (150 - Fig. 2), a lateral constraint assembly positioned on the adjustable platform (156 - Fig. 2), [[and a position lock operable to selectively lock the adjustable platform relative to the base plate]], the method comprising: positioning the first patient positioner on a patient support apparatus ('operating table', noting Para 0025: "FIGS. 1-11 show surgical guide systems according to embodiments. In some embodiments, the system may include a frame body (also referred to as “frame”) configured to be disposed on top of an operating table"); positioning a patient (Fig. 11) on the first patient positioner in a prone position (Fig. 11, showing patient in prone position), the first patient positioner supporting a portion of the patient’s body (see annotated Fig. 11.1 from Riley, noting torso); positioning the lateral constraint assembly of the first patient positioner to engage the lateral sides of the patient’s body to secure the patient’s body from lateral movement relative to the first patient positioner (shown in Fig. 11 to engage the lateral sides of the patient's torso for lateral support, Para 0051 and Para 0054 noting "Thereby, the securing members 751 and 746 allow the position of the stabilizing support members 750 to be removably, passively fixed with respect to a platform (e.g., preventing lateral movement of the stabilizing support member), for example, while the patient is disposed on the frame."); adjusting the adjustable platform of the first patient positioner to a first position relative to the respective base plate Fig. 1 shows first position relative to base plate and noting Fig. 5A, Para 0051 further disclosing the arrows and the relative movement between each positioner) [[and engaging the position lock of the respective first patient positioner to stabilize the patient in a first position relative to the respective first patient positioner]].
Riley does not explicitly teach: and a position lock operable to selectively lock the adjustable platform relative to the base plate, and engaging the position lock of the respective first patient positioner to stabilize the patient in a first position relative to the respective first patient positioner
Skripps teaches: and a position lock operable to selectively lock the adjustable platform relative to the base plate (72, 74 - Fig. 5), and engaging the position lock of the respective first patient positioner to stabilize the patient in a first position relative to the respective first patient positioner (Para 0135 and Para 0075)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Riley’s single patient positioner to include a position lock operable to selectively lock the adjustable platform relative to the base plate, as taught by Skripps, in order to stabilize the patient once a desired position is achieved.
In regards to Claim 9, Riley in view of Skripps teaches: The method of claim 8, Riley further teaches, further comprising the step of: adjusting the height of a portion of the first patient positioner to adjust a portion of the patient’s spine in the sagittal plane (adding in 142 shown in Fig. 2, would increase the platform in height, aka the sagittal plane - Para 0046).
In regards to Claim 10, Riley in view of Skripps teaches: The method of claim 9, Skripps further teaches, further comprising the steps of: releasing the position lock of the first patient positioner; moving the adjustable platform of the released first patient positioner to a new position to re-adjust the position of the patient’s spine in the coronal plane; and re-engaging the position lock of the released first patient positioner to secure the first positioner in the new position (Para 0081 discloses that body portion 124 can move to an engaged (re-engaging) and disengaged position (released) position along the upper surface of the rail members 60,62 thus moving between different positions, i.e. readjusted, in coronal plane for both first and second patient positioners, further noting that 72, 74 are identical per Para 0083 and both are called out with same element numbers in Fig. 1 showing element 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Riley in view of Skripps to include releasing the position lock, repositioning the adjustable platform, and re-engaging the position lock, as taught by Skripps, to allow controlled readjustment of the patient’s position in the coronal plane.
In regards to Claim 11, Riley in view of Skripps teaches: The method of claim 10, Skripps further teaches, wherein the step of adjusting the position of an adjustable platform of the first patient positioner includes rotating the adjustable platform about a rotation axis of the adjustable platform and moving the rotation axis of the adjustable platform linearly relative to the base plate (Para 0084: "Additionally, the pivoting action of couplers 72 and 74 combined with translation, allow the body-support apparatus 10 to be positioned on a patient-support apparatus such as surgical table 66 or accessory frame 12 in an orientation such that the longitudinal axis 82 of cross-member 76 is oblique to the longitudinal axis of the patient-support apparatus", showing in Fig. 2 the oblique angle and overhead rotation axis).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Riley in view of Skripps to include rotating the adjustable platform about a rotation axis and translating the rotation axis relative to the base plate, as taught by Skripps, to achieve angular repositioning of the patient support apparatus.
Allowable Subject Matter
Claim(s) 5-7 and 12-14 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.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to Claim 5, Riley in view of Skripps, fails to teach or suggest a method step in which a position lock is engaged by aligning one of a plurality of through-holes formed in an adjustable platform with one of a plurality of holes formed in a base plate, and positioning the position lock through the aligned through-hole and into the aligned hole such that the position lock simultaneously engages both the adjustable platform and the base plate to prevent movement therebetween. Neither Riley nor Skripps discloses or suggests a position lock that extends through aligned openings of both an adjustable platform and a base plate to directly and simultaneously secure both components in the claimed manner. Accordingly, the specific alignment and simultaneous engagement recited in Claim 5 is not taught or rendered obvious by the cited references.
In regards to Claim 12, the prior art of record, including Riley in view of Skripps, does not teach or suggest a method step in which engaging the position lock of the first patient positioner includes aligning one of a plurality of through-holes in the adjustable platform with one of a plurality of holes in the base plate, and inserting the position lock through the aligned openings so as to simultaneously engage both the adjustable platform and the base plate to prevent relative movement. The cited references fail to disclose this specific structural and functional cooperation between the adjustable platform, base plate, and position lock as claimed. Therefore, Claim 12 is not rendered obvious by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Newkirk (US 20030167569 A1) teaches: A surgical table includes a patient support deck includes a central section and at least one side section movably coupled to the central section. The at least one side section is movable between a first position substantially coplanar with the central section and a second position extending upwardly relative to the central section to inhibit lateral movement of a patient lying on the patient support deck.
DuBois (US 20170135890 A1) teaches: Support pad assemblies and person support apparatuses are disclosed. A person support apparatus includes a base frame, a longitudinal frame coupled to the base frame, and a support deck supported on the longitudinal frame. The longitudinal frame extends in a longitudinal direction and the support deck is adjustable from a planar configuration to a concave configuration or a convex configuration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MADISON MATTHEWS/Primary Examiner, Art Unit 3673