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 .
Response to Amendments and Arguments
The amendments, filed April 28, 2026, have been entered. Claims 1, 2, 8, 9, 12, and 19 have been amended. Claims 1-20 are currently pending in the application. The amendments to the claims have overcome the previous rejections under 35 U.S.C. 112(b) to claims 8, 9, and 19.
Applicant argues, one pages 6-7 of Applicant’s remarks that the previous cited prior art of Stokes (U.S. Patent No. 8,272,089) and Jewell (U.S. Publication No. 2012/0247484) do not disclose, teach, or suggest the newly amended subject matter. However, upon further search and consideration, a new rejection has been entered with Zanki (U.S. Publication No. 2017/0071357) cited for disclosing the newly amended subject matter of claims 1 and 12.
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 1-7, 9-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Stokes (U.S. Patent No. 8,272,089) in view of Zanki (U.S. Publication No. 2017/0071357).
Regarding claim 1, Stokes (U.S. Patent No. 8,272,089) discloses a therapeutic table 58 for a post-surgery patient (Figure 11), the therapeutic table 10 comprising: a first base portion 18 at least partially defining an aperture 60 (Figures 7B and 11 and Col. 3, lines 20-27); a first lower cushioning layer coupled with the first base portion (see annotated Figure 7B, below, also see Col. 3, lines 20-27 where embodiment of Figures 11-13 differ from the previous embodiment only in that that the openings 26 are replaced by a primary aperture 60), the first lower cushioning layer at least partially defining the aperture 60 (see annotated Figure 7B, below and see Col. 3, lines 20-47), wherein the aperture 26 is configured to receive a post-surgery body part of the post-surgery patient (Col. 3, lines 20-47); a second base portion 20 coupled with the first base portion 18 (Figure 5); and a second lower cushioning layer coupled with the second base portion (Figures 3-5 and Col. 3, lines 20-47).
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Stokes does not disclose an upper cushioning layer coupled with the first lower cushioning layer, wherein the upper cushioning layer tapers as the upper cushioning layer extends away from the aperture.
Zanki teaches an upper cushioning layer 106 coupled with the first lower cushioning layer 105, wherein the upper cushioning layer 106 tapers as the upper cushioning layer extends away from the aperture 104 (Figures 1-4, paragraph 0015, where the cushion of Zanki may be a solid construct made of foam, and paragraphs 0087-0088).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Stoke with Zanki (both being directed to a cushion for lying prone) and arrived at a second cushioning layer coupled with the first lower cushioning layer which tapers as the upper cushioning layer extends away from the aperture. One of ordinary skill in the art would have been motivated to do so because the second cushioning layer of Zanki provides additional support and elevation around the aperture (paragraphs 0087-0089).
Regarding claim 2, Stokes, as modified, discloses the subject matter as discussed above with regard to claim 1. Stokes, as modified, further discloses wherein the upper cushioning layer circumscribes a periphery of the aperture.
Regarding claim 3, Stokes, as modified, discloses the subject matter as discussed above with regard to claims 1-2. Stokes, as modified, further discloses a cover layer coupled with the first base portion 18 (see Stokes, annotated Figure 7B, above), wherein the first lower cushioning layer (see Stoke, annotated Figure 7B, above) and the upper cushioning layer 106 (see Zanki, Figures 1 and 4) are enclosed between the first base portion and the cover layer (see Stokes, annotated Figure 7B, above, where the cover encapsulated the cushioning and covers the top surface, and see Zanki, paragraph 0098-0099 and Figure 9, which discusses a cover 109 surrounding the layered cushioning structure 106 and 105).
Regarding claim 4, Stokes, as modified, discloses the subject matter as discussed above with regard to claims 1-2. Stokes, as modified, discloses wherein the upper cushioning layer 106 has a first thickness, and wherein the first lower cushioning layer 105 has a second thickness that is greater than the first thickness (see Zanki, Figures 1-4).
Regarding claim 5, Stokes discloses the subject matter as discussed above with regard to claim 1. Stokes further discloses wherein the aperture 60 has a lateral dimension and a transverse dimension that is less than the lateral dimension (see Stokes, annotated Figure 11, below).
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Regarding claim 6, Stokes discloses the subject matter as discussed above with regard to claim 1. Stokes further discloses wherein the aperture 60 is configured to receive side-by-side post-surgery body parts (see Stokes, Figures 11-13 and Col. 3, lines 20-47)-.
Regarding claim 7, Stokes discloses the subject matter as discussed above with regard to claim 1. Stokes further discloses a headrest 46 coupled with the first base portion 18 (see Stokes, Figure 11), wherein the headrest 46 is configured to support a head of the post-surgery patient (see Stokes, Figure 11 and Col. 2, line 62-Col. 3, line 6).
Regarding claim 9, Stokes discloses the subject matter as discussed above with regard to claims 1 and 7. Stokes further discloses wherein the aperture is spaced from the headrest 46 such that post-surgery breasts of the post-surgery patient that operably extend into the aperture 60 (see Stokes, Figure 11 and Col. 2, line 62-Col. 3, line 6).
Regarding claim 10, Stokes discloses the subject matter as discussed above with regard to claim 1. Stokes further discloses a plurality of legs 30 coupled with the first base portion 18 and the second base portion 20 such that the first base portion 18 and the second base portion 20 are suspended (see Stokes, Figures 3-5 and Col. 3, lines 48-58), wherein the post-surgery body part extends into the aperture to hang freely (see Stokes, Col. 3, lines 48-58).
Regarding claim 11, Stokes discloses the subject matter as discussed above with regard to claim 1. Stokes wherein the first base portion 18 is hingedly coupled with the second base portion 20 such that the therapeutic table 58 folds between a use configuration and a travel configuration (see Stokes, Col. 2, lines 35-38).
Regarding claim 12, Stokes discloses a first transverse assembly of a therapeutic table 58, the first transverse assembly 58 comprising: a first base portion 18 at least partially defining an aperture 60; a lower cushioning layer coupled with the first base portion (see annotated Figure 7B, above, also see Col. 3, lines 20-27 where embodiment of Figures 11-13 differ from the previous embodiment only in that that the openings 26 are replaced by a primary aperture 60), wherein the lower cushioning layer at least partially defines the aperture 60 (Figures 11-13 and see annotated Figure 7B, above); and wherein the aperture 60 is configured to receive a post-surgery body part of a patient who lays on the therapeutic table 58 (Figures 11-13 and Col. 2, line 62-Col. 3, line 6).
Stokes does not disclose an upper cushioning layer coupled with the lower cushioning layer, wherein the upper cushioning layer circumferentially surrounds a periphery of the aperture; wherein the upper cushioning layer is configured to elevate the patient around the post-surgery body part.
Zanki teaches an upper cushioning layer 106 coupled with the first lower cushioning layer 105, wherein the upper cushioning layer 106 circumferentially surrounds a periphery of the aperture 104 (see Zanki, Figures 1-4); wherein the upper cushioning layer 106 is configured to elevate the patient around the post-surgery body part (Figures 1-4, paragraph 0015, where the cushion of Zanki may be a solid construct made of foam, and paragraphs 0087-0088).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Stoke with Zanki (both being directed to a cushion for lying prone) and arrived at an upper cushioning layer coupled with the lower cushioning layer, wherein the upper cushioning layer circumferentially surrounds a periphery of the aperture; wherein the upper cushioning layer is configured to elevate the patient around the post-surgery body part. One of ordinary skill in the art would have been motivated to do so because the second cushioning layer of Zanki provides additional support and elevation around the aperture (paragraphs 0087-0089).
Regarding claim 13, Stokes, as modified, discloses the subject matter as discussed above with regard to claim 12. Stokes, as modified, further discloses wherein the aperture 60 has a lateral dimension and a transverse dimension that is less than the lateral dimension (see Stokes, annotated Figure 11, above).
Regarding claim 14, Stokes, as modified, discloses the subject matter as discussed above with regard to claim 12. Stokes, as modified, further discloses wherein the aperture 60 is configured to receive side-by-side post-surgery body parts (see Stokes, Figures 11-13 and Col. 3, lines 20-47)-.
Regarding claim 15, Stokes, as modified, discloses the subject matter as discussed above with regard to claims 12 and 14. Stokes, as modified, further discloses further discloses a headrest 46 coupled with the first base portion 18 (see Stokes, Figure 11), wherein the headrest 46 is configured to support a head of the patient (see Stokes, Figure 11 and Col. 2, line 62-Col. 3, line 6).
Regarding claim 17, Stokes, as modified, discloses the subject matter as discussed above with regard to claims 12, 14, and 15. Stokes, as modified, further discloses wherein the aperture is spaced from the headrest 46 such that post-surgery breasts of the post-surgery patient that operably extend into the aperture 60 (see Stokes, Figure 11 and Col. 2, line 62-Col. 3, line 6).
Regarding claim 18, Stokes, as modified, discloses the subject matter as discussed above with regard to claim 12. Stokes, as modified, further discloses wherein the first base portion 18 hingedly couples with a second base portion 20 of therapeutic table 58 (see Stokes, Col. 2, lines 35-38).
Regarding claim 19, Stokes, as modified, discloses the subject matter as discussed above with regard to claim 12. Stokes, as modified, further discloses wherein the first base portion 18 couples with a plurality of legs 30 to suspend the first transverse assembly 58 such that the post-surgery body part of the patient extends into the aperture 60 to hang freely (see Stokes, Figures 3-5 and Col. 3, lines 48-58).
Regarding claim 20, Stokes, as modified, discloses the subject matter as discussed above with regard to claim 12. Stokes, as modified, further discloses a cover layer coupled with the first base portion 18 (see Stokes, annotated Figure 7B, above), wherein the lower cushioning layer 105and the upper cushioning layer 104 (see Zanki, Figures 1-4) are enclosed between the first base portion and the cover layer (see Stokes, annotated Figure 7B, above, where the cover encapsulated the cushioning and covers the top surface, and see Zanki, Figure 9 and paragraphs 0098-0099).
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Stokes in view of Zanki and further in view of Stephens (U.S. Publication No. 2020/0261292).
Regarding claim 8, Stokes, as modified, discloses the subject matter as discussed above with regard to claims 1 and 7. Stokes, as modified, does not explicitly disclose wherein the aperture is spaced from the headrest such that post-surgery buttocks of the post-surgery patient operably extend into the aperture.
Stephens teaches an aperture 9 that is spaced from the headrest 5 such that post-surgery buttocks of the post-surgery patient operably extend into the aperture (Figure 2 and paragraph 0030).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Stokes, as modified, (directed to a cushioned massage table) with Stephens (directed to a layered cushion structure) such the aperture is spaced from the headrest such that post-surgery buttocks of the post-surgery patient operably extend into the aperture. One of ordinary skill in the art would have been motivated to do so because the additional aperture of Stephens which is configured to support a user’s buttocks reduces pressure to a user’s sacrum, ischium, and coccyx by suspending this area within the aperture (paragraph 0022).
Regarding claim 16, Stokes, as modified, discloses the subject matter as discussed above with regard to claims 12, 14, and 15. Stokes, as modified, does not explicitly disclose wherein the aperture is spaced from the headrest such that post-surgery buttocks of the post-surgery patient operably extend into the aperture.
Stephens teaches an aperture 9 that is spaced from the headrest 5 such that post-surgery buttocks of the post-surgery patient operably extend into the aperture (Figure 2 and paragraph 0030).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Stokes, as modified, (directed to a cushioned massage table) with Stephens (directed to a layered cushion structure) such the aperture is spaced from the headrest such that post-surgery buttocks of the post-surgery patient operably extend into the aperture. One of ordinary skill in the art would have been motivated to do so because the additional aperture of Stephens which is configured to support a user’s buttocks reduces pressure to a user’s sacrum, ischium, and coccyx by suspending this area within the aperture (paragraph 0022).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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