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
Claim 25 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/26/2026.
Applicant’s election of Invention I (Claims 17-24) and Species I (Figs. 1A-1B and 8A-8E), and Sub-species C (Fig. 21) in the reply filed on 05/26/2026 is acknowledged.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 17-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moffatt (US 9,204,818 B2).
Regarding claim 17, Moffatt discloses an apparatus configured for use with a patient stabilization device (50), wherein the apparatus regulates an amount of force applied to the patient by the stabilization device (50), the apparatus comprising:
(a) a first body (65) having a first end and a second end (see Figs. 4-5; screw 65 is a first body as it is a physical structure and screw 65 has a first end which is an end on the left side in Fig. 4 and a second which is an end that is on the right side and attached to hand wheel (66), wherein the first end is configured to connect with the stabilization assembly (55, 56) of the stabilization device (50) (see Figs. 4-5; the first end which is the end on the left side of screw 65 is configured to indirectly connect with clamp member 56 via leg 53 and 54); and
(b) an actuator (66W), directly or indirectly connectable with the first body (65) (see Figs. 4-9; hand wheel portion 66W is an actuator as it is a manually graspable hand wheel, and hand wheel portion 66W is indirectly connectable with screw 65 as seen in Fig. 8), wherein the actuator (66W) is configured to cause a torque to be applied on the first body (65) (see Fig. 4; hand wheel portion 66W is rotated which causes screw 65 to be rotated, see Col. 14 lines 32-36), wherein an increase in the torque on the first body (65) increases a tension within the first body (65) (see Fig. 4; an increase in torque on screw 65 via hand wheel portion 66W increases a tension within screw 65 as the screw acts to pull on nut component 75 to pull the clamp into tension on the head of the patient), wherein the first body (65) applies an increase in force to the stabilization assembly (55,56) in response to the increase in tension within the first body (65) (see Fig. 4; screw 65 applies an increase in force to the clamp members 55,56 in response to the increase in tension within the screw 65 as the screw 65 is rotated to increase the pressure on the skull of a user via clamp members 55,56, see Col. 14 lines 32-36).
Regarding claim 18, Moffatt discloses the invention as discussed in claim 17. Moffatt further discloses wherein the first body (65) is rigid (see Figs. 4-5; screw 65 is rigid as screws are not flexible).
Regarding claim 19, Moffat discloses the invention as discussed in claim 17. Moffatt further discloses wherein the dimensions of the first body (65) remain constant when the torque is applied on the first body (65) and when the tension increases within the first body (65) (see Figs. 4-5; the dimensions of screw 65 remain constant when torque is applied on the screw 65 and when the tension increases within screw 65 as it is a screw and is not flexible).
Regarding claim 20, Moffatt discloses the invention as discussed in claim 17. Moffatt further discloses a second body (66A,66B,66M) connecting with the first body (65) at the second end in a keyed manner such that the first body (65) and the second body (66A,66B,66M) are prevented from rotating relative to one another (see Figs. 4-9; cylindrical insert portion 66A+66B + collar 66M make up a second body and is connects with screw 65 at the second end, as the second end is the end of screw 65 that is on the right side in Fig. 4 and is connected in a keyed manner as cylindrical insert portion 66A comprises receptacle 66C as seen in Fig. 7, which is a splined recess, see Col. 15 lines 17-25, and thus the splined recess engages with the splined heads of screw 65 to be connected in a keyed manner such that they are prevented from rotating relative to one another, see Col. 15 lines 17-31, Col. 13 lines 16-20, and Col. 14 lines 8-12).
Regarding claim 21, Moffatt discloses the invention as discussed in claim 20. Moffatt further discloses wherein the second body (66A,66B,66M) and the first body (65) are oriented substantially perpendicular to one another (see Annotated Fig. 8 of Moffatt; the collar 66M of the second body is oriented perpendicular to the screw 65 as seen in Annotated Fig. 8 via the vertical and horizontal lines).
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Annotated Fig. 8 of Moffatt.
Regarding claim 22, Moffatt discloses the invention as discussed in claim 20. Moffatt further discloses wherein the second body (66A,66B,66M) is rigid (see Figs. 4-9; the cylindrical portion 66A+66B + collar 66M are rigid, as the adjustment component 66 itself is not flexible).
Regarding claim 23, Moffatt discloses the invention as discussed in claim 20. Moffatt further discloses wherein the actuator (66W) is directly or indirectly connectable with the second body (66A,66B,66M) (see Figs. 6-9; the hand wheel portion 66W is directly connectable with the cylindrical portion 66A,66B +collar portion 66M), wherein the actuator (66W) is configured to cause the torque to be applied on the first body (65) by causing the torque to be applied on the second body (66A,66B,66M) and transferred to the first body (65) such that the tension within the first body (65) increases (see Figs. 4-9 and Col. 14 lines 32-36; and wheel portion 66W is configured to cause the torque to be applied on screw 65 by causing the torque to be applied to cylindrical portion 66A,66B + collar 66M as these portions are all connected to each other and then transferred to screw 65 such that the tension within screw 65 increases).
Regarding claim 24, Moffatt discloses the invention as discussed in claim 23. Moffatt further discloses wherein the dimensions of the second body (66A,66B,66M) remain constant when the torque is applied on the second body (66A,66B,66M) causing the increase in tension within the first body (65) (see Figs. 4-9; the dimensions of cylindrical portion 66A,66B + collar 66M remains constant when torque is applied to it causing the increase in tension within screw 65).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBIN HAN whose telephone number is (408)918-7579. The examiner can normally be reached Monday - Thursday, 9-5 PM EST.
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
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