DETAILED ACTION
This Office action is responsive to communications filed on 08/13/2025. Claims 1-20 are canceled. Claims 21-40 are newly added. Presently, Claims 21-40 remain pending and are hereinafter examined on the merits.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
FIG. 2 – edge 23.
FIG. 3a-3c - an upper member 68 and an abutment surface 66;
FIG. 4b – the end fitting 64 made of a transparent resilient plastic material;
FIG. 5 - upper portion 68, bar 61, locating bar 60, grooves 48, bed 16;
FIG. 6a-6b – locking formation 72, groove 48, locking formation 72, end fittings 64, locating formation 72, marks 55;
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities and should recite:
¶0036, “upper member
Appropriate correction is required.
Claim Objections
The following claims are objected to because of the following informalities and should recite:
Claim 28: “The patient support system
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
The nonce term “element” with the functional modifier “engagement” for releasable suring the positioning bar to selected indexing positions of the first track system is used in claim(s) 21 & 35, invokes 35 USC 112(f)
The term, “element” is a non-structural generic placeholder that does not include any specific structure for performing the accompany functions. See MPEP 2181.I.A: The following is a list of non-structural generic placeholders that may invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, paragraph 6: "mechanism for," "module for," "device for," "unit for," "component for," "element for," "member for," "apparatus for," "machine for," or "system for." Welker Bearing Co., v. PHD, Inc., 550 F.3d 1090, 1096, 89 USPQ2d 1289, 1293-94 (Fed. Cir. 2008); Massachusetts Inst. of Tech. v. Abacus Software, 462 F.3d 1344, 1354, 80 USPQ2d 1225, 1228 (Fed. Cir. 2006); Personalized Media, 161 F.3d at 704, 48 USPQ2d at 1886–87; Mas-Hamilton Group v. LaGard, Inc., 156 F.3d 1206, 1214-1215, 48 USPQ2d 1010, 1017 (Fed. Cir. 1998).
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
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 24 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Claim 24, “a respective locating track”, renders the claim indefinite. Its unclear what this feature referring to with respect to the first track system. Claim 22 defines the first track system as element 40in the specification comprising a pair of first locating tracks, with a locating track of the pair of locating tracks. Then claim 24, defines “a respective locating track”. It is unclear if there is a third locating tracking, or if its referring to the other locating track the pair of locating tracks. For examination purposes, the Examiner assumes its referring to the other locating track of the pair of locating tracks. Clarity is needed.
The dependent claims of the above rejected claims are rejected due to their dependency.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 21-31, 33-37, & 39 rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al (US20090308400A1) in view of Zacharopoulos et al (US 20040034932 A1).
Claim 21: Wilson discloses, A patient support system (¶0050-005 - system 22) comprising:
a patient support surface (patient support panel 22, ¶0050);
a first track system disposed along opposite edges of the patient support surface (¶0052, ‘The patient support panel 22 and has a pair of longitudinally extending rails 22A and 22B [...] the longitudinal side edges of the patient support panel are of a bulbous form in cross section to define the rails 22A and 22B.’, see FIG. 2 & 9), the first track system including spaced indexing positions (¶0052, ‘A plurality of equidistantly spaced (i.e., 7 cm), indexing apertures or holes 24 are provided along the length of each rail.’);
a positioning bar (locking bar 30) configured to engage with the first track system (FIG. 9, ¶0052), the positioning bar configured to be operated from one side of the patient support system, (Under the broadest reasonable interpretation, Fig. 9-10, the one side refers to the above side (i.e., the top horizontal face of the patient support panel), while the operation is defined as the pushing of a pin from directly above this horizontal face. Accordingly, Guo teaches two un-linked pushed pins 64 which are oriented vertically and project upward from the top surface (the one side) of flat bar (i.e., bar structure) of the patient support panel, ¶0063, wherein the operator twist/presses these push pins to provide a fictional engagement and locking effect for the locking bar, ¶0063; thereby teaching that the positioning bar is configured to be operated from one of the patient support system.)
the positioning bar comprising:
a bar structure (elongated flat bar 60);
an at least portion (push-pin end piece 62) disposed at or adjacent to an end portion of the positioning bar (FIG. 9-10, ¶0063), and
an engagement element (push pins 64 with a projecting free-end portion 66 & respective piece 62, FIG. 9-10, ¶0063) disposed at or adjacent to the end portion of the positioning bar (FIG. 9-10), the engagement element configured to releasably secure the positioning bar to selected indexing positions of the first track system (¶0063, the t-shaped head of the pin is pressed/twisted to lock the locking bar to the selected indexing positions along the side rails 22A & 22B); and
indexing marks (indexing indicia, ¶0054) provided adjacent to the first track system, the indexing marks configured to provide guidance on a position of the selected indexing positions of the positioning bar relative to the first track system (¶0054, ‘system 20 of this invention [...] Thus, positioning/fixation components and/or accessories can be mounted at any of the discrete index positions via the locking bars 30, and/or at any longitudinal position along the patient support panel via the clamping mechanisms of such components (to be described later). To facilitate repeatable mounting of those components on the rails 22A and 22B indexing indicia (not shown) are provided along the length of those rails.’).
Wilson fails to disclose that the at least portion is partially transparent
However, Zacharaopoulus in the context of patient support systems discloses, an at least partially transparent portions, ¶0056 – glass or clear plastic window, disposed at or adjacent to an end portion of the positioning bar (222), FIG. 19, 24-25.
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify at least a part of the portion of Wilson such that it is partially transparent as taught by Zacharopoulos for the advantage of providing an improved system being able to align at the precise location of the markings consistently, as suggested by Zacharopoulos, ¶0056. The modified combination would disclose, the indexing marks visible of Wilson via the at least partially transparent portion of the positioning bar of modified Wilson.
Claim 22: Wilson as modified discloses all the elements above in claim 21, Wilson discloses, wherein the first track system comprises a pair of locating tracks (22A & 22B FIG. 2-3), a locating track (22A/22B) of the pair of locating tracks including an inward facing surface and an outward facing surface, and wherein the spaced indexing positions (apertures/holes 24, ¶0052) include a series of grooves (apertures/holes 24, ¶0052) defined in the outward facing surface. (See annotated FIG. 2-3 below)
PNG
media_image1.png
775
963
media_image1.png
Greyscale
Claim 23: Wilson as modified discloses all the elements above in claim 22, Wilson discloses, wherein the engagement element includes a locking formation configured to engage with the grooves (¶0063 – Fig. 9 the engagement elements is in locking formation engage with the grooves 24).
Claim 24: Wilson as modified discloses all the elements above in claim 23, Wilson discloses, wherein the engagement element includes an abutment surface configured to engage the inward facing surface of a respective locating track (22A/22B) - (See annotated FIG. 10 below in view of FIG. 9 engagement of the inward facing surface of a respective locating track.).
PNG
media_image2.png
192
837
media_image2.png
Greyscale
Claim 25: Wilson as modified discloses all the elements above in claim 23, Wilson discloses, wherein the engagement element includes a tab extendable beyond the locking formation to disengage the locking formation from a respective groove (The head of the T-shaped push pin 64 under the broadest reasonable interpretation constitutes a tab, which extends upwardly and outwardly bound the boundaries of the locking formation during disengagement from the respective groove (24). The engagement element is designed as a mechanism for releasably securing the positioning bar form the side rails, ¶Abstract, ¶0063.).
Claim 26: Wilson as modified discloses all the elements above in claim 25, Wilson fails to disclose: wherein the engagement element includes a pressure pad disposed on the portion, the pressure pad configured to receive finger pressure during engagement or disengagement of the locking formation. (The pressure pad is the flat top of the T-shaped head of the push pin 62, designed to interface with the operators fingers, ¶0063. The dowanard force (pressed/twised) on the flat top of the T-shape head force the free end portion 66 (i.e., locking formation) to expand and flare outward for disengagement)
Wilson fails to disclose that the at least portion is partially transparent
However, Zacharaopoulus in the context of patient support systems discloses, an at least partially transparent portions, ¶0056 – glass or clear plastic window, disposed at or adjacent to an end portion of the positioning bar (222), FIG. 19, 24-25.
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify at least a part of the portion of modified Wilson such that it is partially transparent as taught by Zacharopoulos for the advantage of providing an improved system being able to align at the precise location of the markings consistently, as suggested by Zacharopoulos, ¶0056. The modified combination would disclose, the indexing marks visible of Wilson via the at least partially transparent portion of the positioning bar of modified Wilson.
Claim 27: Wilson as modified discloses all the elements above in claim 23, Wilson discloses, wherein the locking formation is configured to fully engage only when the positioning bar is substantially perpendicular to a longitudinal axis of the patient support surface (FIG. 9 - the locking formation is configured to fully engage only when the positioning bar is substantially perpendicular to a longitudinal axis of the patient support surface).
Claim 28: Wilson as modified discloses all the elements above in claim 21, Wilson discloses: a first track system disposed along the patient support surface (¶0084, ‘frame 200 having a pair of side rails 222A and 222B. The rails 222A and 222B are constructed like the rails 22A and 22B and thus include the indexing apertures 24 and indexing indicia therealong.’, see ¶0085-0088), configured to receive a support stand (FIG. 26 – elongated pos 156)), and that the first track system is relative to a longitudinal centerline of the patient support surface (FIG. 24-26, ¶0084-0088). See where both the support stand and the locking bar can be placed independently on the side rails, ¶0054, ¶0084, ¶0087-0088. In fact the system is designed to allow these features to be used simultaneously on the same patient support panel, ¶0054, ¶0084, ¶0087-0088, without interference, ¶0052, ¶0087-0088.)
However, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to duplicate the disclosed first track system of Wilson, including the side rails to receive a support stand thereby providing an additional track system capable of independently receiving a support stand (i.e., a second track system is disposed along the patient support surface and configured to receive a support stand independently of the first track system,). It is noted that the Applicant’s specification does not impute any significance and/or criticality to the claimed feature. Such a modification constitutes a mere duplication of parts, wherein the duplicate track performs the same known function as the first track system and produces predictable results of providing an additional mounting location for a support stand because it has been held that see MPEP 2144.04; In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
It further would have been obvious to position the duplicated second track system outboard of the first tracking system relative to a longitudinal center of the patient support surface. It is noted that the Applicant’s specification does not impute any significance and/or criticality to the claimed feature. Positioning the duplicated track outboard (under the broadest reasonable interpretation) of the existing track would constitute a predictable rearrangement of the respect tracking system while maintaining each track’s disclosed function of receiving a support stand, and would provide physically separate mounting interfaces such that the support stand may be received by the second track independently of the first track. Such a positional rearrangement would not alter the principle operation of the track system and would have yielded no more than predictable results of providing an additional laterally spaced support stand mounting location. See MPEP 2144.04; In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Therefore, the modified combination would disclose wherein a second track system is disposed along the patient support surface and configured to receive a support stand independently of the first track system, and the second track system is disposed outboard of the first track system relative to a longitudinal centerline of the patient support surface.
Claim 29: Wilson as modified discloses all the elements above in claim 28, Modified Wilson discloses the second track system. Wilson discloses: comprising a coil support (520, FIG. 26) stand slidably engaged with the track system, (¶0073, ¶0080, ¶0088 the clamp mechanism features a jaws 168 & 170 that receive the side rails. When clamping the jaws loosen, along the entire bridge member to be slid longitudinally along the rails to the desired position before being clamped) the coil support stand including a coil (coil 526) configured to operate as part of a magnetic resonance imaging system (¶0088 – for positioning a patient for an MRI procedure).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the second track system of modified Wilson, to incorporate a coil support stand slidably be engaged, including a coil configured to operate as part of a MRI system as taught by Wilson for the advantage of providing an improved system being able to positioned a MRI coil device precisely very close to the desired portion of the patient head or neck, as suggested by Wilson ¶0090.
Claim 30: Wilson as modified discloses all the elements above in claim 21, Wilson discloses, comprising a locating formation (registration pins 68, ¶0009, ¶0063) projecting upwardly from the bar structure (FIG. 9-10, ¶0009, ¶0014-0015, ¶0063), the locating formation configured to engage with a corresponding locating recess (¶0009 – corresponding holes / engaging with spaced holes 72, ¶0063) in equipment to be positioned on the patient support surface (¶0063 – the equipment refers to the positioning of the support, specifically, the knee support cushion 50 which contains the slots 70 with the spaced holes 70 to receive the registration pins 68; thereby providing a male-to-female mating interface.).
Claim 31: Wilson as modified discloses all the elements above in claim 30, Wilson discloses, wherein the locating formation includes a pair of conical pegs (FIG. 10 – 68).
In FIG. 10 it appears the pins 68 are conical pegs, nevertheless, while Wilson is silent on explicitly stating that the locating formations being conical in shape, it is noted that the Applicant’s specification does not impute any significance and/or criticality to the claimed conical shape. More specifically, the Applicant’s specification discloses that the “shape and spacing of the locating pegs 62 may be adapted to suit the design of the equipment or the needs of the patient” ([0039]). Accordingly, it is herein asserted that the claimed conical shape is neither significant nor critical, therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date, to change the shape of the locating formation of Wilson, such that the locating formation is conical in shape in order to achieve having the capability to receive and secure the counterpart. See MPEP 2144.04.IV.B.
Claim 33: Wilson as modified discloses all the elements above in claim 31 Wilson discloses, wherein the bar structure is substantially rigid (¶0052) and dimensioned to lie transverse to a longitudinal axis of the patient support surface (FIG. 9 – 60 is dimensioned to lie traverse to a longitudinal axis of the patient support surface).
Claim 34: Wilson as modified discloses all the elements above in claim 29, Wilson discloses: wherein the coil support stand includes a height adjustment mechanism (¶0016, ¶0088, ¶0090).
Claim 35: Wilson discloses, A positioning bar (locking bar 30) for use with a patient support system, (¶0050-005 - system 22) the positioning bar comprising:
a bar structure (elongated flat bar 60) configured to extend across a patient support surface (FIG. 9-10) to enable the positioning bar to be operated from one side of the patient support system; (Under the broadest reasonable interpretation, Fig. 9-10, the one side refers to the above side (i.e., the top horizontal face of the patient support panel), while the operation is defined as the pushing of a pin from directly above this horizontal face. Accordingly, Guo teaches two un-linked pushed pins 64 which are oriented vertically and project upward from the top surface (the one side) of flat bar (i.e., bar structure) of the patient support panel, ¶0063, wherein the operator twist/presses these push pins to provide a fictional engagement and locking effect for the locking bar, ¶0063; thereby teaching that the positioning bar is configured to be operated from one of the patient support system.)
an at least portion (push-pin end piece 62) disposed at an end portion of the positioning bar (FIG. 9-10, ¶0063), the at least portion configured corresponding to indexing marks (indexing indicia, ¶0054, ‘system 20 of this invention [...] Thus, positioning/fixation components and/or accessories can be mounted at any of the discrete index positions via the locking bars 30, and/or at any longitudinal position along the patient support panel via the clamping mechanisms of such components (to be described later). To facilitate repeatable mounting of those components on the rails 22A and 22B indexing indicia (not shown) are provided along the length of those rails.’) adjacent to a track system of the patient support surface (¶0063, the t-shaped head of the pin is pressed/twisted to lock the locking bar to the selected indexing positions along the side rails 22A & 22B); and
an engagement element (push pins 64 with a projecting free-end portion 66 & respective piece 62, FIG. 9-10, ¶0063) disposed at the end portion of the positioning bar (FIG. 9-10), the engagement element configured to releasably secure the positioning bar to selected indexing positions of the track system (¶0063, the t-shaped head of the pin is pressed/twisted to lock the locking bar to the selected indexing positions along the side rails 22A & 22B).
Wilson fails to disclose that the at least portion is partially transparent
However, Zacharaopoulus in the context of patient support systems discloses, an at least partially transparent portions, ¶0056 – glass or clear plastic window, disposed at or adjacent to an end portion of the positioning bar (222), FIG. 19, 24-25.
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify at least a part of the portion of Wilson such that it is partially transparent as taught by Zacharopoulos for the advantage of providing an improved system being able to align at the precise location of the markings consistently, as suggested by Zacharopoulos, ¶0056. The modified combination would disclose, the at least portion of Wilson to be partially transparent portion configured to permit visibility of indexing marks adjacent to a track system of the patient support surface of modified Wilson.
Claim 36: Wilson as modified discloses all the elements above in claim 35, Wilson discloses, wherein the engagement element comprises:
a locking formation configured to engage with grooves in the track system (¶0063 – Fig. 9 the engagement elements is in locking formation engage with the grooves 24); and
an abutment surface (See annotated FIG. 10 below in view of FIG. 9 engagement of the inward facing surface of a respective locating track.) configured to engage an inward facing surface (See annotated FIG. 2-3 below) of the track system.
PNG
media_image2.png
192
837
media_image2.png
Greyscale
PNG
media_image1.png
775
963
media_image1.png
Greyscale
Claim 37: Wilson as modified discloses all the elements above in claim 36, Wilson discloses, wherein the engagement element further comprises a tab (the structure of the T-shaped push pin 64) extendable beyond the locking formation to disengage the locking formation from a respective groove (The horizontal wings of the T-shaped push pin 64 under the broadest reasonable interpretation constitutes a tab, which extends beyond the locking formation. The engagement element is designed as a mechanism for releasably securing the positioning bar form the side rails, ¶Abstract, ¶0063.).
Claim 38: Wilson as modified discloses all the elements above in claim 37, Wilson fails to disclose: wherein the engagement element further includes a pressure pad disposed on the at least partially transparent portion, the pressure pad configured to receive finger pressure during engagement or disengagement of the locking formation. (The pressure pad is the flat top of the T-shaped head of the push pin 62, designed to interface with the operators fingers, ¶0063. The dowanard force (pressed/twised) on the flat top of the T-shape head force the free end portion 66 (i.e., locking formation) to expand and flare outward for disengagement)
Wilson fails to disclose that the at least portion is partially transparent
However, Zacharaopoulus in the context of patient support systems discloses, an at least partially transparent portions, ¶0056 – glass or clear plastic window, disposed at or adjacent to an end portion of the positioning bar (222), FIG. 19, 24-25.
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify at least a part of the portion of modified Wilson such that it is partially transparent as taught by Zacharopoulos for the advantage of providing an improved system being able to align at the precise location of the markings consistently, as suggested by Zacharopoulos, ¶0056. The modified combination would disclose, the indexing marks visible of Wilson via the at least partially transparent portion of the positioning bar of modified Wilson.
Claim 39: Wilson as modified discloses all the elements above in claim 35, Wilson discloses, further comprising a locating formation (registration pins 68, ¶0009, ¶0063) projecting upwardly from the bar structure (FIG. 9-10, ¶0009, ¶0014-0015, ¶0063) projecting upwardly from the bar structure (FIG. 9-10, ¶0009, ¶0014-0015, ¶0063), the locating formation configured to engage with a corresponding locating recess (¶0009 – corresponding holes / engaging with spaced holes 72, ¶0063) in equipment to be positioned on the patient support surface (¶0063 – the equipment refers to the positioning of the support, specifically, the knee support cushion 50 which contains the slots 70 with the spaced holes 70 to receive the registration pins 68; thereby providing a male-to-female mating interface.).
Claims 32 & 40 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al (US20090308400A1) in view of Zacharopoulos et al (US 20040034932 A1), as applied to claim 30 & 39 respectively, in further view of Zacharopoulos et al (US 20140107393 A1, herein Zacharopoulos ‘393)
Claim 32: Wilson as modified discloses all the elements above in claim 30, Wilson fails to disclose: wherein the locating formation is repositionable along a length of the bar structure.
However, Zacharopoulos ‘393 in the context of patient supports discloses, wherein the locating formation (pins 6) is repositionable along a length of the bar structure (support rods 7)(¶0046, Claim 5, FIG. 2).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify locating formation of modified Wilson such that it is repositionable along a length of the bar structure as taught by Zacharopoulos ‘393. The motivation to do this yield predictable results such as to reduce patient movement during treatment as suggested by Zacharopoulos ‘393, ¶0002.
Claim 40: Wilson as modified discloses all the elements above in claim 39, Wilson discloses:
wherein the locating formation comprises a pair of conical pegs (FIG. 10 – 68).
In FIG. 10 it appears the pins 68 are conical pegs, nevertheless, while Wilson is silent on explicitly stating the the locating formations being conical in shape, it is noted that the Applicant’s specification does not impute any significance and/or criticality to the claimed conical shape. More specifically, the Applicant’s specification discloses that the “shape and spacing of the locating pegs 62 may be adapted to suit the design of the equipment or the needs of the patient” ([0039]). Accordingly, it is herein asserted that the claimed conical shape is neither significant nor critical, therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date, to change the shape of the locating formation of Wilson, such that the locating formation is conical in shape in order to achieve having the capability to receive and secure the counterpart. See MPEP 2144.04.IV.B.
Wilson fails to disclose: and wherein the locating formation is repositionable along a length of the bar structure
However, Zacharopoulos ‘393 in the context of patient supports discloses, wherein the locating formation (pins 6) is repositionable along a length of the bar structure (support rods 7)(¶0046, Claim 5, FIG. 2).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify locating formation of modified Wilson such that it is repositionable along a length of the bar structure as taught by Zacharopoulos ‘393. The motivation to do this yield predictable results such as to reduce patient movement during treatment as suggested by Zacharopoulos ‘393, ¶0002.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Robinson whose telephone number is (571)272-9019. The examiner can normally be reached M-F 9:00AM-5:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/N.A.R./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798
