DETAILED ACTION
This Office action is based on the amendments for application 19/227,616 filed June 22, 2026. Claims 1, 10, 14-16, and 18 have been amended and claims 19 and 20 are newly presented; claims 1-20 are currently pending.
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 . 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.
Terminal Disclaimer
The terminal disclaimer filed on June 22, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 12,350,216 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments filed June 22, 2026 have been considered but are moot because they do not apply to the new ground(s) of rejection in view of Smyrk et al. (US 2009/0098984).
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 1-4, 6-11, 16, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Broadbent (US 2005/0227837) in view of Smyrk et al. (US 2009/0098984).
Regarding claims 1 and 19, Broadbent discloses a method of operating a stretching table for targeted stretching of a human patient (subject 301) (Fig. 3; ¶ 0015 & 0082), the method comprising the steps of:
providing the stretching table, wherein the stretching table includes an upper body support member (examination table 302), a connection mechanism (frame 505) with first and second swivel arms (base plates 901), first and second lower body support members (cradles 306 / cradle sections 501+502+503), and a drive mechanism (cradle movement means 504) (Figs. 3, 5, & 9; ¶ 0017, 0082, 0085, & 0091);
supporting the human patient (301) on the stretching table, wherein the upper body support member (302) supports at least a portion of an upper body or torso of the human patient (301) and each of the first and second lower body support members (306/501+502+503) supports at least a portion of a lower body or a leg of the human patient (301) (Fig. 3; ¶ 0082);
activating the drive mechanism (504) while the human patient is supported on the stretching table, wherein the activation of the drive mechanism (504) causes the first swivel arm (901) and the first lower body support member (306/501+502+503) to rotate outwardly (Fig. 1E; ¶ 0078); and
stretching the human patient (301), wherein outward rotation of the first lower support body member (306/501+502+503) causes the human patient (301) to experience targeted stretching according to a targeted stretching routine (regime/program) (¶ 0015 & 0126).
Although Broadbent discloses that movement of each cradle may be powered by an electric motor or servo assisted (¶ 0017), Broadbent fails to teach a control mechanism connected to the drive mechanism, wherein the drive mechanism is an electric drive mechanism that includes a plurality of electric motors such that a first electric motor is operatively coupled to the first swivel arm and a second electric motor is operatively coupled to the second swivel arm, and the activating step further comprises activating the electric drive mechanism by sending one or more control signals to the first electric motor that cause the first electric motor to rotate the first swivel arm and the first lower body support member outwardly from a neutral position to an outstretched position according to the targeted stretching routine.
Smyrk discloses a method of operating an exercise table (exercise device 10) comprising the steps of providing the table (10) including an upper body support member (shoulder pad 86 + cushions 88 + posterior seats 120, 122), a connection mechanism (frame elements 192) with first and second arms (with respect to each leg support 186, 188), first and second lower body support members (leg supports 186, 188), and a control mechanism (control panel 16) connected to a drive mechanism (electric motors 204), wherein the drive mechanism (204) is an electric drive mechanism (electric motors 204) that includes a plurality of electric motors such that a first electric motor (204) is operatively coupled to the first arm (186) and a second electric motor (204) is operatively coupled to the second arm (188), supporting a human patient on the table (10), and activating the electric drive mechanism (204) while the human patient is supported on the table (10), wherein activation of the drive mechanism (204) causes the control mechanism (16) to send one or more signals to the first electric motor (204) that causes the first electric motor (204) to rotate the first arm (192) and the first lower body support member (186) from a neutral position to an outstretched position according to a targeted routing (program) (Figs. 1-3, 5-6, 9-10; ¶ 0040 & 0051-0054).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective fling date of the invention, to modify the method taught by Broadbent to include a control mechanism connected to first and second electric motors to send one or more control signals to the first electric motor thereby causing the first electric motor to rotate the first swivel arm and the first lower body support member according to the targeted stretching routine as taught by Smyrk for the purpose of improving reliability and ensuring consistency of the stretching routine for the patient using the stretching table.
Regarding claim 2, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the activating step further comprises activating the drive mechanism (504) so that only the first swivel arm (901) and the first lower body support member (306/501+502+503) rotate outwardly from a neutral position to an outstretched position, while the second swivel arm (901) and the second lower body support member (306/501+502+503) remain stationary (the subject may choose to stretch one or both legs at any one time) (Fig. 1E; ¶ 0126).
Regarding claim 3, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the activating step further comprises activating the drive mechanism (504) so that the first swivel arm (901) and the first lower body support member (306/501+502+503) rotate outwardly from a neutral position to an outstretched position, while the second swivel arm (901) and the second lower body support member (306/501+502+503) also rotate outwardly (the subject may choose to stretch one or both legs at any one time) (Fig. 1E; ¶ 0126).
Regarding claim 4, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the stretching step further comprises stretching the human patient (301) while the human patient (301) is supported on the stretching table in a supine position such that outward rotation of the first lower body support member (306/501+502+503) stretches abductors in the human patient (301) (Fig. 3; ¶ 0081-0082).
Regarding claim 6, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the connection mechanism (505) further includes first and second tilt arms (axle member 902) and the method further comprises the steps of activating the drive mechanism (504) while the human patient (301) is supported on the stretching table, wherein activation of the drive mechanism causes the first tilt arm (902) and the first lower body support member (306/501+502+503) to tilt downwardly or upwardly, and stretching the human patient (301), wherein downward or upward tilting if the first lower body support member (306/501+502+503) causes the human patient (301) to experience targeted stretching (Figs. 1B, 5, 6, & 9; ¶ 0075 & 0091).
Regarding claim 7, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the activating step further comprises activating the drive mechanism (504) so that only the first tilt arm (902) and the first lower body support member (306/501+502+503) tilt downwardly or upwardly between neutral, declining, and/or inclining positions while the second tilt arm (902) and the second lower body support member (306/501+502+503) remain stationary (the subject may choose to stretch one or both legs at any one time) (Figs. 1B; ¶ 0075 & 0126).
Regarding claim 8, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the activating step further comprises activating the drive mechanism (504) so that the first tilt arm (902) and the first lower body support member (306/501+502+503) tilt downwardly or upwardly between neutral, declining, and/or inclining positions while the second tilt arm (902) and the second lower body support member (306/501+502+503) also tilts downwardly or upwardly (the subject may choose to stretch one or both legs at any one time) (Figs. 1B; ¶ 0075 & 0126).
Regarding claim 9, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the stretching step further comprises stretching the human patient (301) while the human patient (301) is supported on the stretching table in a supine position such that upward tilting of the first lower body support member (306/501+502+503) stretches hamstrings in the human patient (301) (Fig. 1B; ¶ 0075).
Regarding claims 10 and 20, Broadbent discloses a method of operating a stretching table for targeted stretching of a human patient (subject 301) (Fig. 3; ¶ 0015 & 0082), the method comprising the steps of:
providing the stretching table, wherein the stretching table includes an upper body support member (examination table 302), a connection mechanism (frame 505) with first and second tilt arms (axle member 902), first and second lower body support members (cradles 306 / cradle sections 501+502+503), and a drive mechanism (cradle movement means 504) (Figs. 3, 5, & 9; ¶ 0017, 0082, 0085, & 0091);
supporting the human patient (301) on the stretching table, wherein the upper body support member (302) supports at least a portion of an upper body or torso of the human patient (301) and each of the first and second lower body support members (306/501+502+503) supports at least a portion of a lower body or a leg of the human patient (301) (Fig. 3; ¶ 0082);
activating the drive mechanism (504) while the human patient is supported on the stretching table, wherein the activation of the drive mechanism (504) causes the first tilt arm (902) and the first lower body support member (306/501+502+503) to tilt downwardly (Fig.; ¶ 0080); and
stretching the human patient (301) while the human patient (301) is supported on the stretching table in a supine position such that downward tilting of the first lower body support member (306/501+502+503) stretches hip flexors in the human patient (301), wherein downward tilting of the first lower body support member (306/501+502+503) causes the human patient (301) to experience targeted stretching (Fig. 2; ¶ 0080).
Although Broadbent discloses that movement of each cradle may be powered by an electric motor or servo assisted (¶ 0017), Broadbent fails to teach that the drive mechanism causes the first tilt arm and the first lower body support member to tilt downwardly from a neutral position to a declining position that is below the neutral position, wherein the drive mechanism is an electric drive mechanism that includes a plurality of electric motors such that a first electric motor is operatively coupled to the first tilt arm and a second electric motor is operatively coupled to the second tilt arm, and the activating step further comprises activating the electric drive mechanism by sending one or more control signals to the first electric motor that cause the first electric motor to tilt the first tilt arm and the first lower body support member downwardly below the neutral position.
Smyrk discloses a method of operating an exercise table (exercise device 10) comprising the steps of providing the table (10) including an upper body support member (shoulder pad 86 + cushions 88 + posterior seats 120, 122), a connection mechanism (frame elements 192) with first second arms (with respect to each leg support 186, 188), first and second lower body support members (leg supports 186, 188), and a drive mechanism (electric motors 204), wherein the drive mechanism (204) is an electric drive mechanism (electric motors 204) that includes a plurality of electric motors such that a first electric motor (204) is operatively coupled to the first arm (186) and a second electric motor (204) is operatively coupled to the second arm (188), supporting a human patient on the table (10), and activating the electric drive mechanism (204) while the human patient is supported on the table (10) to send one or more signals to the first electric motor (204) that causes the first electric motor (204) to tilt the first arm (192) and the first lower body support member (186) downwardly from a neutral (horizontal) position from to a declining potion that is below the neutral position (Figs. 1-3, 5-6, 9-10; ¶ 0040, 0051-0054, & 0075-0081).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective fling date of the invention, to modify the method taught by Broadbent such that the drive mechanism is an electric drive mechanism and causes the first tilt arm and the first lower body support member to tilt downwardly from a neutral position to a declining position that is below the neutral position as taught by Smyrk for the purpose of enabling the stretching table to better function as a flexion/distraction table.
Regarding claim 11, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the stretching table provides for at least four degrees of freedom in order to enable targeted stretching of different muscle groups in the human patient (301), the different muscle groups include at least one muscle group selected from the group consisting of: bilateral hamstrings, abductors, deep hip flexors, multifidus, longissimus, spinalis, quadratrus lumborum, bilateral rectus abdominis and bilateral external obliques (¶ 0074-0081).
Regarding claim 16, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Smyrk further discloses that the drive mechanism (204) is an electric drive mechanism (electric motor) that includes one or more electric motors and is connected to the control mechanism (16), wherein activating the drive mechanism (204) via the control mechanism (16) carries out the targeted routine (¶ 0040 & 0051-0054).
Regarding claim 17, the combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the upper body support member (302) is arranged to remain stationary during the activating and stretching steps (Figs. 1A-1E).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Broadbent in view of Smyrk as applied to claim 1 above, in view of Ferries (US 3,661,149).
The combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Broadbent further discloses that the stretching step further comprises stretching the human patient (301) while the human patient (301) is supported on the stretching table such that outward rotation of the first lower body support member (306/501+502+503) stretches abductors in the human patient (301) (Fig. 3; ¶ 0081-0082).
However, the combination of Broadbent and Smyrk fails to teach that the human patient is supported on the stretching table in a prone position.
Ferries discloses a method of operating a stretching table (table 10) for targeted stretching of a human patient, the method comprising the step of stretching the human patient while the human patient is supported on the stretching table (10) in a prone position such that outward rotation of a first lower body support member (leg rest 20) stretches abductors in the human patient (Fig. 2; column 1, lines 63-72; column 2, lines 54-57; column 5, lines 40-43).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the method taught by the combination of Broadbent and Smyrk such that the human patient is supported on the stretching table in a prone position as taught by Ferries for the purpose of adjusting the angle of stretching depending on the human patient’s needs.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Broadbent in view of Smyrk as applied to claim 1 above, in view of Lee (US 7,744,546).
The combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Smyrk further discloses that the control mechanism (16) has a remote control device (¶ 0040).
However, the combination of Broadbent and Smyrk fails to expressly teach that the activating step further includes having the human patient activate the drive mechanism via the remote control device while the human patient is supported on the stretching table so that no other user is needed to stretch the human patient.
Lee discloses a method of operating a stretching table (table 150) for targeted stretching of a human patient, the method comprising the steps of providing the stretching table (150) including a control mechanism with a remote control device (remote controller 190) and stretching the human patient to cause the human patient to experience target stretching by having the human patient activate a drive mechanism (elevation unit 140, tilt adjustor 180) via the remote control device (190) while the human patient is supported on the stretching table (150) so that no other user is needed to stretch the human patient (Fig. 2; column 8, lines 33-35; column 17, lines 32-35).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the method taught by the combination of Broadbent and Smyrk to have the human patient activate the drive mechanism via the remote control device while the human patient is supported on the stretching table so that no other user is needed to stretch the human patient as taught by Lee for the purpose of promoting the human patient’s convenience.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Broadbent in view of Smyrk as applied to claim 1 above, in view of Brady (US 5,460,596).
The combination of Broadbent and Smyrk discloses the method substantially as claimed, as described above, and Smyrk further discloses that the control mechanism (16) has a remote control device (¶ 0040).
However, the combination of Broadbent and Smyrk fails to expressly teach that the activating step further includes having a separate practitioner activate the drive mechanism via the remote control device while the human patient is supported on the stretching table.
Brady discloses a method of operating a stretching device (orthopedic stretching device 10) for targeted stretching of a human patient, the method comprising the steps of providing the stretching device (10) including a control mechanism with a remote control device (remote control 73) and stretching the human patient to cause the human patient to experience target stretching by having a separate practitioner (clinician) activate a drive mechanism (drive element 70) via the remote control device (73) while the human patient is supported on the stretching device (10) (Fig. 1; column 3, lines 60-67; column 4, lines 1-15).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the method taught by the combination of Broadbent and Smyrk to have a separate practitioner activate the drive mechanism via the remote control device while the human patient is supported on the stretching table as taught by Brady for the purpose of enabling a practitioner or clinician to easily control the stretching movements of the human patient.
Allowable Subject Matter
Claims 12 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to include all of the limitations of base claim 1 and any intervening claims.
Claims 12 and 13 are indicated as including allowable subject matter since none of the cited prior art references discloses, either singly or in combination, that the connecting mechanism is arranged so that the first and second swivel arms are rotatable attached at a common location (claim 12) or by a primary attachment bolt according to a wishbone configuration (claim 13) in combination with the other claimed limitations including those in independent claim 1.
Claim 18 is allowed.
Claim 18 is indicated as allowable since none of the cited prior art references discloses, either singly or in combination, first and second swivel arms directly connected to first and second tilt arms via first and second bolts and an electric drive mechanism having first and second electric motors, moving the first or second swivel arms outwardly with the first electric motor, and moving the first or second tilt arms downwardly or upwardly with the second electric motor, wherein downward or upward movement causes the first or second tile arm to rotate about the first or second bolt in combination with the other claimed limitations.
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 Keri J. Nelson whose telephone number is 571-270-3821. The examiner can normally be reached Monday - Friday, 9am - 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E. Bredefeld, can be reached at 571-270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KERI J NELSON/Primary Examiner, Art Unit 3786 9/1/2026
