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.
Claim 10 is 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.
Claim 10 recites the limitation "the operable coupling" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-4, 6,9,11-12,16-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jensen et al. U.S. Patent No. (3,540,719).
With respect to claim 1, Jensen et al. discloses a limb cradle (as shown in figs.1-5) for use in a surgical procedure (abstract) comprising:
a first section (108) comprising a mounting bracket (180) configured to engage a support structure (hospital bed); and
a second section (104) configured to extend and retract relative to the first section and the mounting bracket ([Col.4], lines 9-14), wherein the first section (108) and the second section (104) form a support surface (as shown in fig.1), wherein the support surface is extended and retracted relative to the mounting bracket in response to the extension and retraction of the second section ([Col.4], lines 9-14).
With respect to claim 2, Jensen et al. discloses the extension of the second section relative to the first section increases a support area of the support surface (as shown in fig.1).
With respect to claim 3, Jensen et al. discloses the extension of the second section relative to the first section exposes at least a portion of a top surface of the second section (as shown in fig.1).
With respect to claim 4, Jensen et al. discloses the first section (108) comprises a first top surface (as shown in fig.2) and the second section (104) comprises a second top surface (as shown in fig.2), and wherein the support surface is formed by the first top surface and the second top surface (as shown in fig.).
With respect to claim 6, Jensen et al. discloses the second section (104) is operably coupled to the first section (108) on opposing sides of the support surface (as shown in figs.1-2).
With respect to claim 9, Jensen et al. discloses an engagement feature (97, 98, fig.2) operably coupled to the second section and extending from the support surface (as shown in fig.2).
With respect to claim 11, Jensen et al. discloses the engagement feature (97,98, fig.2) is configured to be selectively coupled to a distal portion of a limb of a patient ([Col.4], lines 69-75) and ([Col.5], lines 1-12).
With respect to claim 12, Jensen et al. discloses the engagement feature (97, 98) comprises a post extending from a proximal coupling portion to a distal protruding section and forming a gripping surface therebetween (as shown in fig.2).
With respect to claim 16, regarding the method step claimed, to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed, it will inherently perform the method steps as claimed. Furthermore, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of anticipation has been established. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986) and In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); (under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device) see MPEP 2112.01(1), as such, Jensen et al. discloses a method for bracing a limb for a surgical procedure, the method comprising: positioning a proximal portion of the limb on a support surface of a first section of a limb cradle; adjusting a position of a second section of the limb cradle relative to the first section in response to a length of the limb extending from the proximal portion to a distal portion of the limb; and positioning the distal portion of the limb on the support surface at the position, wherein a support area of the support surface is adjusted in response to the adjustment of the position of the second section relative to the first section.
With respect to claim 17, Jensen et al. discloses an extension of the second section relative to the first section selectively exposes an adjustable portion (pivot supporting ears 107) of the support surface.
With respect to claim 19, Jensen et al. inherently discloses securing the limb to the support surface along the length; and positioning the limb cradle secured to the limb by affixing a support position of a support arm operably coupled thereto.
Claim(s) 1, 4-5 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wright U.S. Patent No. (7,055,910 B2).
With respect to claim 1, Wright discloses a limb cradle for use in a surgical procedure (Abstract, to drawn blood) comprising:
a first section (50, 40, 60, fig.1) comprising a mounting bracket (20, fig.1) configured to engage a support structure ([Col.2], lines 40-43, chair arm, a bedrail frame, a table, a wheelchair arm]; and
a second section (as shown in the reproduced image of fig.1 below) configured to extend and retract relative to the first section and the mounting bracket (as shown in figs.1-2), wherein the first section and the second section form a support surface (as shown in fig.1),
wherein the support surface is extended and retracted relative to the mounting bracket in response to the extension and retraction of the second section (as shown in figs.1-2).
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With respect to claim 4, Wright discloses the first section comprises a first top surface (50, 40, 60, fig.1) and the second section comprises a second top surface (as shown in the reproduced image of fig.1 above), and wherein the support surface is formed by the first top surface and the second top surface (as shown in figs.1-2)
With respect to claim 5, Wright discloses the second section is adjusted from a retracted position to an extended position (as shown in figs.1-2), wherein an adjustable portion (where element 70 is located in fig.1) of the support surface of the second section overlaps the first section in the retracted position (as shown in fig.1).
With respect to claim 20, Wright discloses a support device for a surgical procedure (Abstract, to drawn blood) comprising:
a first section (50, 40, 60, fig.1) forming a first top surface and configured to engage a support structure ([Col.2], lines 40-43, chair arm, a bedrail frame, a table, a wheelchair arm];
a second section (as shown in the reproduced image of fig.1 above) forming a second top surface operably coupled to the first section, the second section configured to selectively extend and retract relative to the first section (as shown in figs.1-2); and
wherein the first top surface and the second top surface form a support surface defining a support area (as shown in fig.1) and
the extension of the second section relative to the first section increases the support area of the support surface by exposing an overlapping portion between the first section and the second section (as shown in figs.1-2).
Allowable Subject Matter
Claims 7-8,10, 13-15 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The prior art(s) of record fails to show or make obvious the claimed combinations of elements particularly the limitations as set forth in dependent claims 7-8,10, 13-15 and 18 which recite features not taught or suggested by the prior art drawn to the prior art of record, in combination with the other elements (or steps) of the apparatus and method recited in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 PM, EST.
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/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
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