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 .
The indicated allowability of claims 11-13 and 19-20 is withdrawn in view of the newly discovered reference(s) to U.S. Pub. No. 2020/0060914 to Lim et al. Rejections based on the newly cited reference(s) follow.
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.
Claim(s) 1-8, 10, and 12-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2013/0111666 to Jackson in view of U.S. Pub. No. 2020/0060914 to Lim et al.
Claim 1, Jackson discloses a surgical platform system comprising a support portion including a horizontally-oriented portion 201 and a vertically-oriented portion, the horizontally-oriented portion having a first end, an opposite second end, and a cross member extending between the first end and the second end (fig. 14); and the vertically- oriented portion including a column portion (212)(fig 13,15); a linkage portion including a base defined by a ball joint 115; a first platform portion 203; and a second platform portion 204; wherein the first platform portion is pivotal relative to the ball joint; wherein the second platform portion is pivotal relative to the column portion (fig. 15-16); and wherein pivotal movement of the first platform portion relative to the ball joint and pivotal movement of the second platform portion relative to the column portion serve to separately articulate the first platform portion and the second platform portion relative to one another. Jackson is silent to a gantry. Lim et al. discloses a patient support being attached to a robotic system 500 comprising a gantry defined by a linkage 406 including an engagement portion defined by a transmission 416, wherein a first platform portion includes a complimentary engagement portion defined by a track 418 for engaging the transmission portion of the gantry (fig. 31-38). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the gantry disclosed in Lim with the platform of Jackson with a reasonable expectation of success because it would have provided a means to support surgical equipment such as a surgical robot.
Claim 2, Jackson discloses the surgical platform system wherein the base includes a first base portion defined by a first side 126 and a second base portion defined by a second side 126, where a first connector defined by mounts of the linear actuator extends between the first base portion and the second base portion (fig. 9,15). Claim 3, Jackson discloses the surgical platform system further comprising a first actuator 123 extending between the horizontally-oriented portion and the first connector, the first actuator being actuatable to expand and contract to pivot the first base portion, the second base portion, and the second platform portion relative to the column portion (fig. 16).
Claim 4, Jackson discloses the surgical platform system wherein the linkage portion includes a first support portion defined by a first spar 28a and a second support portion defined by a second spar 28b supported at least in part by the first connector (fig. 9). Claim 5, Jackson discloses the surgical platform system wherein the first support portion and the second support portion are pivotally attached to the actuator mounts (fig. 9-10).
Claim 6, Jackson discloses the surgical platform system further comprising a first actuator 123 extending between the horizontally-oriented portion and a second connector defined by a second actuator mount attached between the first support portion and the second support portion, the first actuator being actuatable to expand and contract to pivot the first support portion and the second support portion relative to the first actuator mount (fig. 9-10).
Claim 7, Jackson discloses the surgical platform system further comprising a second actuator 125 extending between the first connector and a third connector attached between the first base portion and the second base portion, the second actuator being actuatable to expand and contract to pivot the first actuator mount relative to the first base portion and the second base portion (fig. 9-10).
Claim 8, Jackson discloses the combination, further comprising a first actuator 123 extending between the horizontally-oriented portion and the first actuator mount, a second actuator 125 extending between the horizontally-oriented portion and a second actuator mount attached between the first support portion and the second support portion, and a third actuator 214 extending between the first actuator mount and a third actuator mount attached between the first base portion and the second base portion, the first actuator capable of expanding and contracting to pivot the first base portion, the second base portion, and the second platform portion 204 relative to the column portion 212, the second actuator capable of expanding and contracting to pivot the first spar 28a and the second spar 28b relative to the first connector; and the third actuator capable of expanding and contracting to pivot the first actuator mount relative to the first base portion and the second base portion (fig. 13-14 &15-16).
Claim 10, Jackson, as modified, discloses the system wherein the gantry also includes a platform manipulator 414 that receives the transmission portion (fig. 31).
Claim 12, Jackson, as modified, discloses the combination wherein, when the engagement portion and the complimentary engagement portion are engaged to one another, the surgical platform system is interconnected with the gantry, and an actuator associated with the surgical platform system [0049]-[0056];[0064]-[0065] and the platform manipulator are capable of being actuated to position/orient the patient supported by the first platform portion and the second platform portion relative to the robotic system.
Claims 13 and 20, Jackson, as modified, discloses the combination wherein the actuator and the platform manipulator can be actuated to pivot the first platform portion and the second platform portion relative to one another [0049]-[0056];[0064]-[0065].
Claim 14, Jackson discloses the combination wherein the column portion is telescopically expandable and contractable between a contracted first position and an expanded second position to raise and lower the first platform portion [0055])(fig. 8 & 9),
Claim 15, Jackson discloses a surgical platform system facilitating manipulation of a patient supported thereby, the surgical platform system comprising: a horizontally- oriented portion 13 and a vertically-oriented portion 12, the horizontally-oriented portion supporting the vertically-oriented portion, and the vertically-oriented portion including a column portion 12 spacing a first platform portion, a second platform portion (fig. 8 & 9), and a linkage portion 16 of the surgical platform system from the horizontally-oriented portion; the linkage portion including a base defined by a ball joint 115; the first platform portion 4 including first patient support portions for supporting portions of the patient's head and upper torso; and the second platform portion 3 including second patient support portions for supporting portions of the patient's legs; wherein the first platform portion is pivotal relative to the ball joint; wherein the second platform portion is pivotal relative to the column portion; and wherein pivotal movement of the first platform portion relative to the ball joint and pivotal movement of the second platform portion relative to the column portion serve to separately articulate the first platform portion and the second platform portion relative to one another (10-12 &15-16). Jackson is silent to a gantry. Lim et al. discloses a patient support being attached to a robotic system 500 comprising a gantry defined by a linkage 406 including an engagement portion defined by a transmission 416, wherein a first platform portion includes a complimentary engagement portion defined by a track 418 for engaging the transmission portion of the gantry (fig. 31-38) and the gantry also includes a platform manipulator 414 that receives the transmission portion (fig. 31). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the gantry disclosed in Lim with the platform of Jackson with a reasonable expectation of success because it would have provided a means to support surgical equipment such as a surgical robot.
Claim 16, Jackson discloses the combination wherein a first connector defined by lower mounts of a linear actuator is supported by the ball joint (fig. 9).
Claim 17, Jackson discloses the combination further comprising a first actuator 123 extending between the horizontally-oriented portion and the first actuator mount, the first actuator being actuatable to expand and contract to pivot the ball joint and the second platform portion relative to the column portion.
Claim 18, Jackson discloses the combination wherein the linkage portion includes a first support portion defined by a first spar 28a and a second support portion defined by a second spar 28b supported at least in part by the first connector (fig. 9).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 10, 12-18, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2005/0234327 to Saracen et al. discloses a robotic arm for a patient support.
WO 2018/049196 to Gegerson et al. discloses a robotic system for a patient support.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached on (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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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3679
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