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 .
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 claims at issue 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 22, 25-26, 28, and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9of U.S. Patent No. 11,690,749.
Recitations from this instant application, #18/960,220
Recitations from
U.S. Patent No. 11,690,749
Independent claim 22 recites:
An apparatus for providing lift assistance for a surgical procedure, comprising:
a joint configured to be actuated via a ball member, the joint coupled to the surgical table and to a distal end of a spar configured to support at least one limb of a patient for a surgical procedure; and
a device coupled to the joint, the device being distal to the joint relative to the spar, and the device configured to actuate the joint in a range between a first position and a second position such that the spar forms a first angle with the surgical table, the first position corresponding to the spar being lowered with respect to a horizontal plane of the surgical table, and the second position corresponding to the spar being raised with respect
to the horizontal plane of the surgical table.
Independent claim 1 recites:
A device for providing lift assistance for an
articulating limb support of a surgery table, comprising:
a joint mount coupled with a joint housing comprising a first joint; and
a spring device having a first end and a second end, the first end of the spring device
connected to the joint housing by a second joint, the second end of the spring device connected
to the joint mount, the spring device configured to actuate the joint housing in a range between a
first position and a second position, the first position corresponding to a compressed position of the spring device, the second position corresponding to an extended position of the spring device;
wherein, the joint housing configured to be coupled connected to a distal end of a spar, the
spar being capable of supporting at least one limb of a patient for a surgical procedure, the spring device and the joint mount being distal to the joint housing relative to the spar.
Regarding claim 25, see claim 9 in U.S. Patent No. 11,690,749.
Regarding claim 30, see claim 1 in U.S. Patent No. 11,690,749.
Recitations from this instant application, #18/960,220
Recitations from
U.S. Patent No. 12,178,732
Independent claim 22 recites:
An apparatus for providing lift assistance for a surgical procedure, comprising:
a joint configured to be actuated via a ball member, the joint coupled to the surgical table and to a distal end of a spar configured to support at least one limb of a patient for a surgical procedure; and
a device coupled to the joint, the device being distal to the joint relative to the spar, and the device configured to actuate the joint in a range between a first position and a second position such that the spar forms a first angle with the surgical table, the first position corresponding to the spar being lowered with respect to a horizontal plane of the surgical table, and the second position corresponding to the spar being raised with respect
to the horizontal plane of the surgical table.
Independent claim 1 recites:
A lift device for providing lift assistance for a surgical procedure,
comprising:
a joint housing comprising a cavity configured to receive a ball member
configured to pivot the joint housing, the joint housing coupled to a surgical table and to
a distal end of a spar configured to support at least one limb of a patient for a surgical
procedure; and
a spring device coupled to the joint housing, the spring device being distal to the
joint housing relative to the spar, and the spring device configured to actuate the joint
housing in a range between a first position and a second position, the first position
corresponding to a compressed position of the spring device, the second position
corresponding to an extended position of the spring device.
Regarding claim 25, see claim 4 in U.S. Patent No. 12,178,732.
Regarding claim 26, see claim 6 in U.S. Patent No. 12,178,732.
Regarding claim 28, see claim 7 in U.S. Patent No. 12,178,732.
Allowable Subject Matter
Claims 23-24, 27, 29, 31-36 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 37-41 are allowed.
Conclusion
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/CAMTU T NGUYEN/Examiner, Art Unit 3786
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