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 .
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 1-20 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.
Regarding claim 1, the term “generally” in lines 2, 3, and 6 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claim further recites “the position” in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 5, the term “generally” in line 2 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 7, the claim recites the limitation “the length” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 8, the term “generally” in line 2 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claim further recites “the length” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 9, the term “generally” in lines 2 and 9 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claim further recites “the center” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 11, the claim recites the limitation “the length” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 12, the term “generally” in line 2 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 15, the term “generally” in line 2 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 16, the term “easily” in line 2 is a relative term which renders the claim indefinite, because a standard for what is considered easy (versus difficult) is not defined. The term “easily” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of compact prosecution and examination, the limitation is interpreted to mean “that may be swapped out” in line 2.
Regarding claim 17, the claim recites the limitation “the center” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Further, the term “generally” in line 12 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 18, the term “easily” in line 2 is a relative term which renders the claim indefinite, because a standard for what is considered easy (versus difficult) is not defined. The term “easily” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of compact prosecution and examination, the limitation is interpreted to mean “that may be swapped out” in line 2.
Regarding claims 2-4, 6, 10, 13, 14, 19, and 20, the claims are rejected under 35 U.S.C. 112(b) by virtue of their dependence on claims 1, 9, and 17.
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) 1-5, 7-11, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferro et al. US 2016/0151224 A1 in view of Zhao CN 108042307 A.
Regarding claim 1, Ferro discloses a long bone positioning device 10 (fig. 1A and [0007], surgical leg positioner) comprising:
an upper crescent-shaped member 286/290 (figs. 1A and 1C and [0048], the assembly of side pad 286 and pad frame 290 of thigh brace 204 being the upper crescent-shaped member, as the side pad 286 is arcuate in shape) coupled to a generally elongated vertical post member 294 (figs. 1A and 1C and [0048], pad frame bracket 294 being vertically elongate and rectangular, and being a post member upon which the side pad 286 and pad frame 290 are mounted on);
a generally horizontally-oriented padded brace member 202/310 (figs. 1A and 1C and [0048], base pad 310 is mounted on base frame 202 to accommodate the thigh, and they are horizontally-oriented relative to the vertically oriented post member 294) mounted in the generally elongated vertical post member 294 (figs. 1A, 1C, and 1D, and [0048], the sliding bracket 306 (horizontal portion of bracket 294) is attached to the rack 242, such that the rack extends through sliding bracket 306, as particularly seen in fig. 1A), the brace member 202/310 having adjustable height positioning relative to the upper crescent-shaped member 286/290 (fig. 1C and [0048], support arm 308 (vertical portion of pad frame bracket 294) is vertically adjustable within slot 302 of side pad frame 290 of the upper crescent-shaped member 286/290; thus, since the pad frame bracket 294 is fixed to the brace member 202/310 as previously discussed, the brace member 202/310 is adjustable in height relative to upper crescent-shaped member 286/290); and
a mounting interface 102/104 to a clamp adapted for secure affixing to a surgical table (figs 1A-C and [0033], surgical bed clamp 100 comprises a supporting member 102 and a post 104; [0034], the post 104 mounts on to a surgical table and is locked in place with a clamp; [0043], bottom surface 228 of base frame 202 comprises rotation mount 230 to be seated in supporting member 102; thus, the supporting member 102 and post 104 form an interface to mount base frame 202 to the surgical table).
Ferro is silent on a plunger mounted in the generally crescent-shaped member having a padded end pointing inwardly toward a center of the crescent-shaped member, the plunger having adjustable radial positioning toward the center of the crescent-shaped member, the brace member having adjustable height positioning relative to the position of the padded end of the plunger.
However, Zhao teaches a body positioning device (fig. 1 and p. 2 of translation, head support device) comprising a plunger 33/35 mounted in an analogous generally crescent-shaped member 27 (fig. 1 and p. 7, left chute curved lever 27 is similarly crescent-shaped; fig. 6 and p. 7, the left top rod 33 is rotatably connected in left screw hole 32 in the left rotation block 29; thus, left pad 35 and left top rod 33 form a plunger that can move in and out of block 29 mounted on curved member 27) having a padded end 35 pointing inwardly toward a center of the crescent-shaped member 27 (fig. 6 and p. 7, left pad 35), the plunger 33/35 having adjustable radial positioning toward the center of the crescent-shaped member 27 (as previously discussed, rod 33 rotates within block 29 of curved member 27, which thus allows plunger 33/35 to have adjustable radial positioning relative to the center of the curved member 27).
Further, Ferro and Zhao teach in combination the brace member 202/310 (of Ferro) having adjustable height positioning relative to the position of the padded end 35 of the plunger 33/35 (as previously disclosed by Ferro, the brace member 202/310 has adjustable height positioning relative to the upper crescent-shaped member 286/290; by providing Ferro’s crescent-shaped member with Zhao’s plunger 33/35, the brace member would now be adjustable in height relative to the plunger, which is positioned on the crescent-shaped member).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the upper crescent-shaped member of Ferro with a plunger mounted in the generally crescent-shaped member having a padded end pointing inwardly toward a center of the crescent-shaped member, the plunger having adjustable radial positioning toward the center of the crescent-shaped member, the brace member having adjustable height positioning relative to the position of the padded end of the plunger, as taught by Zhao, to allow for more minute adjustments and firm positioning of the limb within the positioning device; as can be seen in figs. 2 and 3 of Ferro, there is a gap between the upper part of the thigh and the thigh pads, which may allow movement of the limb during surgery; providing an additional adjustable pad would enable the positioner to more fixedly grip the limb and prevent undesirable gaps.
Regarding claim 2, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro further discloses the mounting interface 102/104 comprising a modular bracket 102 (fig. 1C and [0033], [0043], bottom surface 228 of base frame 202 comprises rotation mount 230 which may be seated in the circular opening 130 at the end 114 of plate 110 of supporting member 102; thus, supporting member 102 can be considered a modular bracket, as it is a separate part that, when combined with the rest of the assembly, forms the complete whole of the long bone positioning device; please note Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”).
Regarding claim 3, Ferro in view of in view of Zhao discloses the claimed invention as discussed above.
Ferro further discloses the mounting interface 102/104 comprising a modular bracket 102 and a modular offset neck member 104 (fig. 1C and [0033], [0043], bottom surface 228 of base frame 202 comprises rotation mount 230 which may be seated in the circular opening 130 at the end 114 of plate 110 of supporting member 102; thus, supporting member 102 can be considered a modular bracket, as it is a separate part that, when combined with the rest of the assembly, forms the complete whole of the long bone positioning device; further, fig. 1A shows post 104 being offset from end 114 of supporting member 102 where it attaches to the brace member 202/310; thus, post 104 is a modular offset neck member that, when combined with the rest of the assembly, forms the complete whole of the long bone positioning device; please note Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”).
Regarding claim 4, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro further discloses the mounting interface 102/104 comprising a modular adjustable extension member 104 (fig. 1C and [0036], shaft 140 of post 104 can slide within slot 124 of supporting member 102 and is thus an adjustable extension member; further, post 104 is a modular member that, when combined with the rest of the assembly, forms the complete whole of the long bone positioning device; please note Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”).
Regarding claim 5, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro further discloses the upper crescent-shaped member 286/290 and generally elongated vertical post member 294 being detachable coupled with an alignment interface 302 and a locking clip 304 (fig. 1C and [0048], support arm 308 of frame bracket 294 slides within exterior slot 302 of side pad frame 290 and is thus detachably aligned within slot 302; tightening bolt 304 can be considered a locking clip, as dictionary.com defines clip as “a device that grips and holds tightly”, and the tightening bolt 305 grips and holds tightly to the surface of support arm 308 in order to lock it into position).
Regarding claim 7, Ferro in view of Zhao discloses the claimed invention as discussed above.
Zhao further teaches the analogous crescent-shaped member 27 comprising a crescent-shaped track 28 adapted to accommodate and secure the plunger 33/35 along the length of the track 28 (fig. 6 and p. 11, left rotating sliding block 29 is connected with the curved lever 27 via left sliding groove 28, which is shown in the figure having a crescent shape; thus, the plunger 33/35, which is fixed to the block 29, is secured along the track 28), to allow the plunger to be positioned at various locations for greater customizability.
Regarding claim 8, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro further discloses the vertical post member 294 comprising a generally linear track 306 adapted to accommodate and secure the brace member 202/310 along the length of the track 306 (figs. 1A, 1C, and 1D, and [0048], the sliding bracket 306 (horizontal portion of bracket 294) is attached to the rack 242, such that the rack extends through sliding bracket 306, as particularly seen in fig. 1A).
Regarding claim 9, Ferro discloses a patient positioning device 10 (fig. 1A and [0007], surgical leg positioner) comprising:
a crescent-shaped member 286 coupled to a generally elongated post member 290 (figs. 1A and 1C and [0048], side pad 286 and pad frame 290 of thigh brace 204; the side pad 286 is arcuate in shape, and pad frame 290 is elongate and rectangular);
a horizontally-oriented brace member 202/310/294 (figs. 1A and 1C and [0048], base pad 310 is mounted on base frame 202 to accommodate the thigh, and they are horizontally-oriented relative to side pad 286 and pad frame 290; base pad 310 and base frame 202 are connected to pad frame bracket 294 to form one assembly) mounted in the elongated post member 290 having an adjustable height position along the post member 290 (fig. 1C and [0048], support arm 308 (vertical portion of pad frame bracket 294) is vertically adjustable within slot 302 of side pad frame 290);
the brace member 202/310/294 being adapted to securely hold and support a patient’s anatomy (fig. 1C, the brace member 202/310/294 capable of securely holding and supporting the thigh by extending under and along the side of the thigh, as in figs. 2 and 3); and
the generally elongated post member 290 being mountable to a clamp adapted for secure coupling to a surgical table (figs 1A-C and [0033], surgical bed clamp 100 provides a quick and easy way to connect the leg positioner 10 (which comprises the side pad frame 290) to a surgical table; [0034], the post 104 mounts on to a surgical table and is locked in place with a clamp).
Ferro is silent on a patient positioning instrument mounted in the crescent-shaped member having an adjustable radial position toward the center of the crescent-shaped member; the patient positioning instrument being adapted to securely hold and support a patient’s anatomy.
However, Zhao teaches a body positioning device (fig. 1 and p. 2 of translation, head support device) comprising a patient positioning instrument 33/35 mounted in an analogous generally crescent-shaped member 27 (fig. 1 and p. 7, left chute curved lever 27 is similarly crescent-shaped; fig. 6 and p. 7, the left top rod 33 is rotatably connected in left screw hole 32 in the left rotation block 29; thus, left pad 35 and left top rod 33 form a plunger that can move in and out of block 29 mounted on curved member 27 to position the head) having an adjustable radial position toward the center of the crescent-shaped member 27 (as previously discussed, rod 33 rotates within block 29 of curved member 27, which thus allows plunger 33/35 to have adjustable radial positioning relative to the center of the curved member 27); the patient positioning instrument 33/35 being adapted to securely hold and support a patient’s anatomy (p. 4-5, the head carriage and head are ensured not to move, and the sliding motion (understood to be the sliding motion of the block, as previously discussed) in the chute can contact any part of the head).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the upper crescent-shaped member of Ferro with a patient positioning instrument mounted in the crescent-shaped member having an adjustable radial position toward the center of the crescent-shaped member; the patient positioning instrument being adapted to securely hold and support a patient’s anatomy, as taught by Zhao, to allow for more minute adjustments and firm positioning of the limb within the positioning device; as can be seen in figs. 2 and 3 of Ferro, there is a gap between the upper part of the thigh and the thigh pads, which may allow movement of the limb during surgery; providing an additional adjustable pad would enable the positioner to more fixedly grip the limb and prevent undesirable gaps.
Regarding claim 10, Ferro in view of Zhao discloses the claimed invention as discussed above.
Zhao further teaches the patient positioning instrument 33/35 comprising one of a padded plunger (fig. 6 and p. 7, the left top rod 33 is rotatably connected in left screw hole 32 in the left rotation block 29; thus, left pad 35 and left top rod 33 form a plunger that can move in and out of block 29 mounted on curved member 27), a bone pusher, and a bone hook, to comfortably interface with the patient.
Regarding claim 11, Ferro in view of Zhao discloses the claimed invention as discussed above.
Zhao further teaches the patient positioning instrument 33/35 having an adjustable position along the length of the analogous crescent-shaped member 27 (fig. 6 and p. 11, left rotating sliding block 29 is connected with the curved lever 27 via left sliding groove 28, which is shown in the figure having a crescent shape; thus, the plunger 33/35, which is fixed to the block 29, is adjustably secured along the track 28), to allow the plunger to be positioned at various locations for greater customizability.
Regarding claim 13, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro further teaches the elongated post member 290 being coupled to a modular offset neck member 104 (fig. 1C and [0033], [0043], bottom surface 228 of base frame 202 comprises rotation mount 230 which may be seated in the circular opening 130 at the end 114 of plate 110 of supporting member 102; [0035], post 104 is coupled to supporting member 102; thus side pad frame 290 is coupled to post 104 via pad frame bracket 294, base frame 202, and supporting member 102; further, fig. 1A shows post 104 being offset from end 114 of supporting member 102 where it attaches to the brace member 202/310; thus, post 104 is a modular offset neck member that, when combined with the rest of the assembly, forms the complete whole of the long bone positioning device; please note Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”).
Regarding claim 14, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro further teaches the elongated post member 290 being coupled to a modular adjustable extension member 104 (fig. 1C and [0033], [0043], bottom surface 228 of base frame 202 comprises rotation mount 230 which may be seated in the circular opening 130 at the end 114 of plate 110 of supporting member 102; [0035], post 104 is coupled to supporting member 102; thus side pad frame 290 is coupled to post 104 via pad frame bracket 294, base frame 202, and supporting member 102; [0036], shaft 140 of post 104 can slide within slot 124 of supporting member 102 and is thus an adjustable extension member; further, post 104 is a modular member that, when combined with the rest of the assembly, forms the complete whole of the long bone positioning device; please note Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”).
Claim(s) 12, 15, 17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferro et al. US 2016/0151224 A1 in view of Zhao CN 108042307 A further in view of Carter US 2016/0270995 A1.
Regarding claim 12, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro in view of Zhao is silent on the crescent-shaped member and the generally elongated post member being detachably coupled.
However, Carter teaches a limb stabilizer 100 (fig. 2 and [0020], surgical leg positioning device 100) comprising an analogous crescent-shaped member 87 and generally elongated post member 81 that are detachably coupled (fig. 1 and [0021], pad 87 is affixed to curved member 81; [0030], pad 87 may be removed after use).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the crescent-shaped member and the generally elongated post member of Ferro in view of Zhao to be detachably coupled, as taught by Carter, to be replaced by a new, sterile one after each surgery.
Regarding claim 15, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro in view of Zhao is silent on the crescent-shaped member and the generally elongated post member being detachably coupled with an alignment interface and a locking clip.
However, Carter teaches a limb stabilizer 100 (fig. 2 and [0020], surgical leg positioning device 100) comprising an analogous crescent-shaped member 87 and generally elongated post member 81 that are detachably coupled (fig. 1 and [0021], pad 87 is affixed to curved member 81; [0030], pad 87 may be removed after use) with an alignment interface and a locking clip (fig. 1, the alignment interface can be considered the surface of curved member 81 that faces pad 87, as it provides an interface for alignment; [0030], two or more pad fasteners 87a can be any suitable fastener or Velcro, which can be considered a locking clip, as dictionary.com defines clip as “a device that grips and holds tightly”, and Velcro grips and holds tightly).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the crescent-shaped member and the generally elongated post member of Ferro in view of Zhao to be detachably coupled with an alignment interface and a locking clip, as taught by Carter, to be replaced by a new, sterile one after each surgery.
Regarding claim 17, Ferro discloses a patient positioning device 10 for use during a surgical procedure (fig. 1A and [0007], surgical leg positioner), comprising:
a crescent-shaped member 286 coupled to an elongated post member 290 (figs. 1A and 1C and [0048], side pad 286 and pad frame 290 of thigh brace 204; the side pad 286 is arcuate in shape, and pad frame 290 is elongate and rectangular), the elongated post member 290 has a track 302 along its length (fig. 1C and [0048], side pad frame 290 has an exterior slot 302);
a horizontally-oriented brace member 202/310/294 (figs. 1A and 1C and [0048], base pad 310 is mounted on base frame 202 to accommodate the thigh, and they are horizontally-oriented relative to side pad 286 and pad frame 290; base pad 310 and base frame 202 are connected to pad frame bracket 294 to form one assembly) mounted in the track 302 of the elongated post member 290 having an adjustable height position along the track 302 (fig. 1C and [0048], support arm 308 (vertical portion of pad frame bracket 294) is vertically adjustable within slot 302 of side pad frame 290);
the brace member 202/310/294 being adapted to securely hold and support a patient’s anatomy (fig. 1C, the brace member 202/310/294 capable of securely holding and supporting the thigh by extending under and along the side of the thigh, as in figs. 2 and 3); and
the generally elongated post member 290 being mountable to a clamp adapted for secure coupling to a surgical table (figs 1A-C and [0033], surgical bed clamp 100 provides a quick and easy way to connect the leg positioner 10 (which comprises the side pad frame 290) to a surgical table; [0034], the post 104 mounts on to a surgical table and is locked in place with a clamp).
Ferro is silent on the crescent-shaped member having a track along its length; a patient positioning instrument mounted in the track of the crescent-shaped member having an adjustable radial position toward the center of the crescent-shaped member; the patient positioning instrument comprising at least one of a padded plunger, a bone pusher, and a bone hook; the patient positioning instrument being adapted to securely hold and support a patient’s anatomy.
However, Zhao teaches a body positioning device (fig. 1 and p. 2 of translation, head support device) comprising an analogous generally crescent-shaped member 27 (fig. 1 and p. 7, left chute curved lever 27 is similarly crescent-shaped) having a track 28 along its length (fig. 6 and p. 11, left sliding groove 28); a patient positioning instrument 33/35 mounted in the track 28 of the crescent-shaped member 27 (fig. 6 and p. 11, left rotating sliding block 29 is connected with the curved lever 27 via left sliding groove 28; p. 7, the left top rod 33 having left pad 35 is rotatably connected in left screw hole 32 in the left rotation block 29; thus, the plunger 33/35, which is fixed to the block 29 and capable of positioning the patient via its padded surface 35, is secured along the track 28) having an adjustable radial position toward the center of the crescent-shaped member 27 (as previously discussed, rod 33 rotates within block 29 of curved member 27, which thus allows plunger 33/35 to have adjustable radial positioning relative to the center of the curved member 27); the patient positioning instrument 33/35 comprising at least one of a padded plunger (fig. 6 and p. 7, the left top rod 33 is rotatably connected in left screw hole 32 in the left rotation block 29; thus, left pad 35 and left top rod 33 form a plunger that can move in and out of block 29 mounted on curved member 27), a bone pusher, and a bone hook; the patient positioning instrument 33/35 being adapted to securely hold and support a patient’s anatomy (p. 4-5, the head carriage and head are ensured not to move, and the sliding motion (understood to be the sliding motion of the block, as previously discussed) in the chute can contact any part of the head).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the upper crescent-shaped member of Ferro to have a track along its length; a patient positioning instrument mounted in the track of the crescent-shaped member having an adjustable radial position toward the center of the crescent-shaped member; the patient positioning instrument comprising at least one of a padded plunger, a bone pusher, and a bone hook; the patient positioning instrument being adapted to securely hold and support a patient’s anatomy, as taught by Zhao, to allow for more minute adjustments and firm positioning of the limb within the positioning device; as can be seen in figs. 2 and 3 of Ferro, there is a gap between the upper part of the thigh and the thigh pads, which may allow movement of the limb during surgery; providing an additional adjustable pad would enable the positioner to more fixedly grip the limb and prevent undesirable gaps.
Ferro in view of Zhao is silent on the crescent-shaped member being detachably coupled to the elongated post member.
However, Carter teaches a limb stabilizer 100 (fig. 2 and [0020], surgical leg positioning device 100) comprising an analogous crescent-shaped member 87 being detachably coupled to an elongated post member 81 (fig. 1 and [0021], pad 87 is affixed to curved member 81; [0030], pad 87 may be removed after use).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the crescent-shaped member and the generally elongated post member of Ferro in view of Zhao to be detachably coupled, as taught by Carter, to be replaced by a new, sterile one after each surgery.
Regarding claim 19, Ferro in view of Zhao further in view of Carter discloses the claimed invention as discussed above.
Ferro further teaches the elongated post member 290 being coupled to a modular offset neck member 104 (fig. 1C and [0033], [0043], bottom surface 228 of base frame 202 comprises rotation mount 230 which may be seated in the circular opening 130 at the end 114 of plate 110 of supporting member 102; [0035], post 104 is coupled to supporting member 102; thus side pad frame 290 is coupled to post 104 via pad frame bracket 294, base frame 202, and supporting member 102; further, fig. 1A shows post 104 being offset from end 114 of supporting member 102 where it attaches to the brace member 202/310; thus, post 104 is a modular offset neck member that, when combined with the rest of the assembly, forms the complete whole of the long bone positioning device; please note Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”).
Regarding claim 20, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro further teaches the elongated post member 290 being coupled to a modular adjustable extension member 104 (fig. 1C and [0033], [0043], bottom surface 228 of base frame 202 comprises rotation mount 230 which may be seated in the circular opening 130 at the end 114 of plate 110 of supporting member 102; [0035], post 104 is coupled to supporting member 102; thus side pad frame 290 is coupled to post 104 via pad frame bracket 294, base frame 202, and supporting member 102; [0036], shaft 140 of post 104 can slide within slot 124 of supporting member 102 and is thus an adjustable extension member; further, post 104 is a modular member that, when combined with the rest of the assembly, forms the complete whole of the long bone positioning device; please note Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”).
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferro et al. US 2016/0151224 A1 in view of Zhao CN 108042307 A further in view of Papay et al. US 6,460,207 B1.
Regarding claim 6, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro in view of Zhao is silent on the crescent-shaped member comprising modular crescent-shaped members of variable radius.
However, Papay teaches a support for the body 40 (fig. 1 and col. 1, lines 10-11) comprising modular crescent-shaped members 40 of variable radius (col. 6, lines 29-31, cradle 40 may be formed of various sizes so that it can be exchanged for a larger size if needed; as seen in fig. 1, cradle 40 is an analogous crescent-shaped member due to its arcuate nature and would thus have different radii when formed as different sizes).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the long bone positioning device of Ferro in view of Zhao with modular crescent-shaped members of variable radius, as taught by Papay, to accommodate limbs of various sizes when necessary.
Regarding claim 16, Ferro in view of Zhao discloses the claimed invention as discussed above.
Ferro in view of Zhao is silent on the crescent-shaped member comprising modular crescent-shaped members of variable radius that may be easily swapped out to accommodate variable patient anatomy.
However, Papay teaches a support for the body 40 (fig. 1 and col. 1, lines 10-11) comprising modular crescent-shaped members 40 of variable radius that may be easily swapped out to accommodate variable patient anatomy (col. 6, lines 29-31, cradle 40 may be formed of various sizes so that it can be exchanged for a larger size if needed; as seen in fig. 1, cradle 40 is an analogous crescent-shaped member due to its arcuate nature and would thus have different radii when formed as different sizes; lastly, whether the exchange is “easy” or not is relative, and thus the limitation is interpreted to mean “may be swapped out”, as detailed above in the 112(b) rejection).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the long bone positioning device of Ferro in view of Zhao with modular crescent-shaped members of variable radius that may be easily swapped out to accommodate variable patient anatomy, as taught by Papay, to accommodate limbs of various sizes when necessary.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferro et al. US 2016/0151224 A1 in view of Zhao CN 108042307 A further in view of Carter US 2016/0270995 A1 and Papay et al. US 6,460,207 B1.
Regarding claim 18, Ferro in view of Zhao further in view of Carter discloses the claimed invention as discussed above.
Ferro in view of Zhao further in view of Carter is silent on the crescent-shaped member comprising modular crescent-shaped members of variable radius that may be easily swapped out to accommodate variable patient anatomy.
However, Papay teaches a support for the body 40 (fig. 1 and col. 1, lines 10-11) comprising modular crescent-shaped members 40 of variable radius that may be easily swapped out to accommodate variable patient anatomy (col. 6, lines 29-31, cradle 40 may be formed of various sizes so that it can be exchanged for a larger size if needed; as seen in fig. 1, cradle 40 is an analogous crescent-shaped member due to its arcuate nature and would thus have different radii when formed as different sizes; lastly, whether the exchange is “easy” or not is relative, and thus the limitation is interpreted to mean “may be swapped out”, as detailed above in the 112(b) rejection).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the long bone positioning device of Ferro in view of Zhao further in view of Carter with modular crescent-shaped members of variable radius that may be easily swapped out to accommodate variable patient anatomy, as taught by Papay, to accommodate limbs of various sizes when necessary.
Conclusion
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/MICHELLE J LEE/ Primary Examiner, Art Unit 3786