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Patent Application 17765343 - MULTI-FUNCTION FRAME POSITIONING DEVICE - Rejection

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Patent Application 17765343 - MULTI-FUNCTION FRAME POSITIONING DEVICE

Title: MULTI-FUNCTION FRAME POSITIONING DEVICE

Application Information

  • Invention Title: MULTI-FUNCTION FRAME POSITIONING DEVICE
  • Application Number: 17765343
  • Submission Date: 2025-04-08T00:00:00.000Z
  • Effective Filing Date: 2022-03-30T00:00:00.000Z
  • Filing Date: 2022-03-30T00:00:00.000Z
  • National Class: 128
  • National Sub-Class: 845000
  • Examiner Employee Number: 98753
  • Art Unit: 3785
  • Tech Center: 3700

Rejection Summary

  • 102 Rejections: 2
  • 103 Rejections: 5

Cited Patents

The following patents were cited in the rejection:

Office Action Text


    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 .

Information Disclosure Statement
The information disclosure statements (IDS) dated 11/20/2023 and 03/30/2022 have been received and considered.

Drawings
The drawings are objected to because reference number 201 indicating the base in figs. 2A and 2B is pointing to components that are not included in the base assembly ([0070] the base assembly includes the platform 207 and wheels 209; however, in figs. 2A-B, 201 appears to be pointing to the four bar mechanism).   
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "207" and "302" have both been used to designate the platform in figs. 2A-D and 3A-H, respectively. It is not clear if this is the same structure or different structures of two separate embodiments. Similarly, table support section 213 in figs. 2A-E is also labeled as 306 in figs. 3A-H and as 402 in figs. 4A-5H. It is not clear if this is the same structure, or different embodiments. 

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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter.  See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).  Correction of the following is required: claim terminology and structure described in the detailed description is inconsistent, resulting in a confusing variety of terms for the claimed structure. For example, claim 1 “elevation and rotation assembly” appears to refer to the four bar mechanism 211 and actuators ([0066] and [0070] and figs. 2A-D.  Claim 1’s “first table assembly” appears to refer to “thoracic subassembly 404” in fig. 4D [0075], and “second table assembly” appears to refer to “lumbar, pelvis and leg subassembly 406” [0075]. 
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter.  See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).  Correction of the following is required:  “first table assembly”, “second table assembly”  of claim 1 should be included in the specification. 

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.


Claims 1-8, 11, 14, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eyre et al. (US 2019/0216550), hereafter Eyre. 

Regarding Claim 1, Eyre discloses a frame positioning device (fig. 1, 100, [0143]), comprising: a base assembly (fig. 1, 103 [0143]); an elevation and rotation assembly (fig. 1, 102 [0143]; in fig. 3A 102 includes elevation mechanism 320 and rotation mechanism 310 [0166]) coupled to the base assembly (fig. 1, 102 is coupled to base assembly 103 [0145]); and a table assembly (fig. 1, 101 [0143], as set forth in [0148] table 201a is an embodiment of the table 101) coupled to the elevation and rotation assembly (fig. 1 [0145]); wherein the table assembly comprises a table support and pivot subassembly (fig. 2A-E, 218 supports table sections 210, 212, 214 and pivots swivel segment 210 and foldable segment 214 [0148]; note that fig. 2 table 201 is an embodiment of the table 101 in fig. 1 [0148]), a first table section subassembly (fig. 2A, sections 210, 212 [0148]) and a second table section subassembly (fig. 2A, sections 214 and 216 [0148]); wherein the table support and pivot subassembly (218) is coupled to the first table section subassembly (210, 212) via a first pivot point (fig. 2D, 210A pivots about axis 248 of swivel mechanism 278 [0153]); and wherein the table support and pivot subassembly (218) is coupled to the second table section subassembly (214, 216) via a second pivot point (fig. 2H, 214C pivots about axis 252 [0159]).  

Regarding Claim 2, Eyre discloses a frame positioning device of claim 1 wherein the elevation and rotation assembly (fig. 3A, 102 [0166]) comprises one or more actuators (fig. 3A, pitch rotation mechanism 310 and column telescoping mechanism 320 [0166]), the one or more actuators being configured: to adjust an elevation of the table assembly relative to the base assembly (fig. 3A, telescoping mechanism 320; adjusts elevation of table 102 relative to base 103 [0168]) and to adjust a rotation of the table assembly (fig. 3A, pitch rotation mechanism 310) about a table pivot point axis (fig. 3A, 364 [0167] line 2) of a table pivot point (fig. 3A, pitch rotation bracket 318 [0167]) coupling the table assembly to the elevation and rotation assembly (as seen in fig. 3A, 101 is coupled to 102 [0167]).  

Regarding Claim 3, Eyre discloses a frame positioning device of claim 1 wherein the elevation and rotation assembly (figs. 1 and 3A, 102) comprises at least one of: a four-bar mechanism; one or more telescoping pillars (fig. 3A, telescoping pillars 350, 352, 354 telescope when actuator 320 adjusts the height of the table 101 [0168-0170]; one or more robotic arms; and one or more sets of sliding pillars table).  

Regarding Claim 4, Eyre discloses a frame positioning device of claim 1 wherein the table support and pivot subassembly (218) comprises two or more actuators (fig. 2D, swivel mechanism 278 allows harmonic drive motor 280 to rotate 210A [0157]; and figs. 2H-I unmarked actuator at 252 which allows 214 to pivot to angle β seen in fig. 2I using an actuator [0160]), at least a first one of the two or more actuators being coupled to the first table section subassembly (fig. 2D, swivel mechanism is attached to at least a portion of the first table section, at 210 [0157]) and at least a second one of the two or more actuators being coupled to the second table section subassembly (fig. 2I, second actuator pivots at attachment to second table section 214 [0160]).  

Regarding Claim 5, Eyre discloses a frame positioning device of claim 4 wherein the first actuator is configured to at least rotate the first table section subassembly about the first pivot point (fig. 2E, 278 rotates table section 210 [0153]), wherein the second actuator is configured to at least tilt the second table section subassembly about the second pivot point (figs. 2H-I, the second actuator tilts table section 214 [0160]), and wherein said at least one of the elevation, tilt and rotation of the first table section subassembly is independent of said at least one of the elevation, tilt and rotation of the second table section subassembly (the rotation mechanism 278 to rotate table section 210 operates independently of tilt mechanism for table section 214, fig. 2E [0153] and fig. 2I [0160] respectively).  

Regarding Claim 6, Eyre discloses a frame positioning device of claim 5 wherein the first table section subassembly comprises a thoracic support section (fig. 2A, first table section portion 210 is capable of supporting the thorax of a patient when positioned with the head at the free end of 210) and the second table section subassembly comprises a pelvis support section and a leg support section (fig. 2A, second table section comprising 214 and 216 are capable of supporting the patient’s pelvis and legs respectively when the patient is positioned with the head at the free end of 210; see fig. 2I for the patient positioning).  

Regarding Claim 7, Eyre discloses a frame positioning device of claim 6 wherein the first table section subassembly further comprises a lumbar support section (fig. 2A, first table section subassembly portion 212 is capable of supporting a lumbar area of the patient when positioned with the head at the free end of 210, particularly since cutout section 220 give greater access to the groin [0149]).  

Regarding Claim 8, Eyre discloses a frame positioning device of claim 6 wherein the second table section subassembly further comprises a lumbar support section (fig. 2A, portion 214 is capable of supporting the lumbar section of a patient when positioned with the head on section 210).  

Regarding Claim 11, Eyre discloses a frame positioning device of claim 6 wherein the second table section subassembly further comprises a knee support section disposed between the pelvis support section and the leg support section (fig. 2A, at least a portion of 214 is capable of supporting the knees of a patient when the thorax is positioned on 210, the pelvis on 212 and the legs on 216). 
 
Regarding Claim 14, Eyre discloses a frame positioning device of claim 6 wherein the pelvis support section (fig. 2A, 214) is configured to at least one of elevate, tilt, rotate and extend independent of the leg support section (fig. 2A 216 is capable of supporting the legs; both sections are capable of elevating or rotating independently of each other since 214 pivots relative to 212 via an actuator [0170], and 216 is detachable from the remainder of the table [0148]).  

Regarding Claim 21, Eyre discloses a treatment table comprising the frame positioning device of claim 1 (treatment table shown generally in fig. 1, [0143, 0148]).  




Claims 1, 4-6, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eyre (second interpretation).  

Regarding Claim 1, a second interpretation of Eyre (hereafter indicated with “second interpretation” when applied to dependent claims) discloses a frame positioning device (fig. 1, 100, [0143]), comprising: a base assembly (fig. 1, 103 [0143]); an elevation and rotation assembly (fig. 1, 102 [0143]; in fig. 3A 102 includes elevation mechanism 320 and rotation mechanism 310 [0166]) coupled to the base assembly (fig. 1, 102 is coupled to base assembly 103 [0145]); and a table assembly (fig. 1, 101 [0143], as set forth in [0148] table 201a is an embodiment of the table 101) coupled to the elevation and rotation assembly (fig. 1 [0145]); wherein the table assembly comprises a table support and pivot subassembly (fig. 2A-E, 218 supports table sections 210, 212, 214 and pivots swivel segment 210 and foldable segment 214 [0148]; note that fig. 2 table 201 is an embodiment of the table 101 in fig. 1 [0148]), a first table section subassembly (fig. 2A, section 210 [0148]) and a second table section subassembly (fig. 2A, sections 214 and 216 [0148]); wherein the table support and pivot subassembly (218) is coupled to the first table section subassembly (210) via a first pivot point (fig. 2D, 210A pivots about axis 248 of swivel mechanism 278 [0153]); and wherein the table support and pivot subassembly (218) is coupled to the second table section subassembly (214, 216) via a second pivot point (fig. 2H, 214C pivots about axis 252 [0159]).  

Regarding Claim 4, Eyre (second interpretation) discloses a frame positioning device of claim 1 wherein the table support and pivot subassembly (218) comprises two or more actuators (fig. 2D, swivel mechanism 278 allows harmonic drive motor 280 to rotate 210A [0157]; and figs. 2H-I unmarked actuator at 252 which allows 214 to pivot to angle β seen in fig. 2I using an actuator [0160]), at least a first one of the two or more actuators being coupled to the first table section subassembly (fig. 2D, swivel mechanism is attached to at least a portion of the first table section, at 210 [0157]) and at least a second one of the two or more actuators being coupled to the second table section subassembly (fig. 2I, second actuator pivots at attachment to second table section 214 [0160]).  

Regarding Claim 5, Eyre discloses (second interpretation) a frame positioning device of claim 4 wherein the first actuator is configured to at least rotate the first table section subassembly about the first pivot point (fig. 2E, 278 rotates table section 210 [0153]), wherein the second actuator is configured to at least tilt the second table section subassembly about the second pivot point (figs. 2H-I, the second actuator tilts table section 214 [0160]), and wherein said at least one of the elevation, tilt and rotation of the first table section subassembly is independent of said at least one of the elevation, tilt and rotation of the second table section subassembly (the rotation mechanism 278 to rotate table section 210 operates independently of tilt mechanism for table section 214, fig. 2E [0153] and fig. 2I [0160] respectively).  

Regarding Claim 6, Eyre discloses (second interpretation) a frame positioning device of claim 5 wherein the first table section subassembly comprises a thoracic support section (fig. 2A, first table section comprising 210 is capable of supporting the thorax of a patient when positioned with the head at the free end of 210) and the second table section subassembly comprises a pelvis support section and a leg support section (fig. 2A, second table section comprising 214 and 216 are capable of supporting the patient’s pelvis and legs respectively when the patient is positioned with the head at the free end of 210; see fig. 2I for the patient positioning).  

Regarding Claim 13, Eyre (second interpretation) discloses a frame positioning device of claim 6 wherein the table assembly further comprises a third table section subassembly coupled to the table support and pivot subassembly (fig. 2A, 212 is coupled to 218 [0150]), the third table section subassembly comprising a lumbar support section (fig. 2A, 212 is capable of supporting the lumbar area when the head is placed at the far edge of section 210 and the pelvis is positioned on 214).  


Claim Rejections - 35 USC § 103
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 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 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.

Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Eyre in view of Cuccia (US 4915101), hereafter Cuccia. 

Regarding Claim 9, Eyre discloses a frame positioning device of claim 8, but is silent on  wherein the pelvis support section and the lumbar support section comprise a combined lumbar and pelvis support pad.  
Cuccia teaches a table device which includes a pelvis support section (fig. 12, 144, col. 7 lines 27-36) and a lumbar support section (at least a portion of 144 supports the lumbar region of a user) that include a combined lumbar and pelvis support pad (fig. 12, pad of 144, col. 7 lines 27-36). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a pad in Eyre’s table sections as taught by Cuccia in order to more comfortably retain the user on the table and conform to the user’s body (Cuccia, col. 4 lines 16-21). 

Regarding Claim 10, Eyre discloses a frame positioning device of claim 8, but is silent on wherein the pelvis support section comprises a pelvis support pad and the lumbar support section comprises a lumbar support pad, the pelvis support pad being separate from the lumbar support pad.  
Cuccia discloses a table device which includes a pelvis support section (figs. 1 and 2, 46 is capable of supporting the pelvis of a user, col. 4 lines 40-42) and a lumbar support pad (fig. 2, 47 is capable of supporting the patient’s lumbar area, col. 4 line 44), both of which are described as pads (col. 4 lines 37-39). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add pads to the positioning table of Eyre, as taught by Cuccia, for the benefit of allowing the body to conform to the pads and reduce the frictional resistance of the patient in traction (Cuccia, col. 4 lines 16-21). 
   
Claim 12 is rejected under 35 U.S.C. 103 as unpatentable over Eyre in view of Weickganannt et al. (US 3041122), hereafter Weickganannt. 

Regarding Claim 12, Eyre discloses a frame positioning device of claim 11, but is silent on wherein the knee support section is configured for at least one of telescoping, sliding and pivoting independent of the pelvis support section and the leg support section.  
Weickganannt teaches a table positioning device (figs. 1-2, 31, col. 3 lines 3-5 and col. 1 line 9) that includes a pelvis support section (figs. 1-2, 42, col. 3 lines 28-32) a knee support section (figs. 1-2, 43 is capable of supporting the knees of a user, col. 3 lines 28-32) wherein the knee support section is capable of pivoting independent of the pelvis section and the leg support section (44, best seen in figs. 11-16, col. 3 lines 28-32). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in Eyre’s table the structures taught by Weickgannant in order to properly position a patient as needed for procedures (Weickgannant col. 1 lines 29-36). 


Claim 15 is rejected under 35 U.S.C. 103 as unpatentable over Eyre in view of Skripps et al (US 2006/0248650), hereafter Skripps.

Regarding Claim 15, Eyre discloses a frame positioning device of claim 1, but is silent on wherein at least one of the first table section subassembly and the second table section subassembly comprises at least one support pad configured for sliding along an axis extending between lateral edges of the table assembly.  
Skripps teaches a table positioning assembly (fig. 2, abstract) which includes a plurality of table sections (fig. 2, 574 [0074], [0136]) which each have a support pad (fig. 44, cushion 594 [0137]) and is able to slide along an axis extending between lateral edges of the table (fig. 44-45, 574 has channels 638 and 636 that permit side-to-side movement along axis 586 [0140], axis 586 best seen in fig. 42).
The ability to move the cushions side to side permits the adjustment of the size of the gap between the sections and the offset from the central axis ([0140]). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the sections of Eyre’s device have at least one support pad configured for sliding along an axis extending between lateral edges of the table assembly as taught by Skripps in order to fine tune the adjustment of the supporting table section.  


Claim 16 is rejected under 35 U.S.C. 103 as unpatentable over Eyre in view of Lussi et al. (US 5754997), hereafter Lussi. 

Regarding Claim 16, Eyre discloses a frame positioning device of claim 1, but is silent on  wherein at least one of the first table section subassembly and the second table section subassembly comprises at least one support pad configured for pivoting about an axis extending from a top edge of the table assembly to a bottom edge of the table assembly.  
Lussi teaches a positioning table (fig. 1, 10, also seen in figs. 3-10; col. 4 line 66 to col. 5 line 3; col. 7 lines 5-8) that has a plurality of sections (fig. 3, 14, 16, 18, 20. Col. 5 lines 30-33) that each include a support pad (a cushion attached to an upper surface of a support plate of each of 14, 16, 18, 20, col. 5 lines 30-33) that pivots about a longitudinal axis (best seen in fig. 5-6, col. 7 lines 8-28) extending from a top edge of the table assembly  to a bottom edge of the table assembly (table 10, fig. 1). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a support pad for pivoting about an axis in Eyre’s table device as taught by Lussi for the benefit of providing positioning for a patient (Lussi col. 3 lines 44-54) and a support pad for supporting a patient (abstract). 


Claims 17-20 and 22-29 are rejected under 35 U.S.C. 103 as unpatentable over Eyre. 


Regarding Claim 17, Eyre discloses a frame positioning device of claim 1, but the embodiment of figs. 1-2I,3A-B, and 8A-E fails to disclose wherein at least one of the first table section subassembly and the second table section subassembly is configured for attachment to a C-arm structure.  
However, Eyre’s embodiment of fig. 7C a system in which a first table section (fig. 7C, 210 [0201]) is capable of attaching to a C-arm (fig. 7C, 740 is attached to system 700B via base shown at 403B and column 402B [0201]). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eyre’s first embodiment as demonstrated in fig. 7C in order to capture images of a patient’s anatomy while positioned on the device. 


Regarding Claim 18, Eyre discloses a frame positioning device of claim 1, but does not explicitly disclose in the first embodiment of figs. 1-2I,3A-B, and 8A-E that the system further comprises a controller, the controller being configured to adjust at least one of an elevation and a rotation of the table assembly relative to the base assembly utilizing the elevation and rotation assembly; instead, it is only disclosed that the table system 100 may rotate the table 201A automatically by using control signals to operate the motor to pivot 260 or 262 ([0162]).  
However, Eyre’s embodiment of figs. 19-20 teaches the use of a controller for controlling the movements of portions of a table (fig. 20, 2002, 204 that executes method 1900 of fig 19 [0286], [0292]). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a controller to operate the automatic rotation of the motors in the first embodiment of Eyre’s positioning device to adjust at least one of an elevation and a rotation of the table assembly relative to the base assembly utilizing the elevation and rotation assembly in order to remotely control the position and angle of the device, as taught by second embodiment taught by Eyre in figs. 19 and 20. 


Regarding Claim 19, the modified Eyre discloses a frame positioning device of claim 18 wherein the controller (2002, 2004 of fig. 20) is configured to adjust said at least one of the elevation and the rotation of the table assembly (figs. 1-2I, 101) between a vertical position and a horizontal position (as modified, a controller operates the actuator 310 that adjust the pitch of the table 101, fig. 3A .  

Regarding Claim 20, Eyre discloses a frame positioning device of claim 1, but the first embodiment of figs. 1-2I,3A-B, and 8A-E fails to disclose a controller, the controller being configured to adjust positions of the first table section subassembly and the second table section subassembly about the first and second pivot points. Eyre only discloses the automatic adjustment of the device’s various components is disclosed ([0166-0167]) and a control signal [0157-0158] to operate motor 280 of actuator 278 for adjusting the position of 210 in fig. 2A.  
However, Eyre’s embodiment of figs. 19 and 20 teach the use of a controller to operate portions of the device using a controller (fig. 20, processor 2002 and memory 2004 [0286], [0291]). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment to include a controller to actuate adjustment of the positions of the first table section subassembly and the second table section subassembly about the first and second pivot points by sending a signal to swivel mechanism 278 (fig. 2D [0153]) and the actuator at axis 252 (fig. 2H [0160]), as taught by the second embodiment of Eyre’s figs. 19 and 20. For the benefit of remotely controlling the adjustments of the table.  
  
Regarding Claim 22, Eyre discloses a method of operating a frame positioning device (figs. 1-2I, 3A-B, and 8A-E, device 100 [0143]) wherein the table assembly (fig. 1, table 101, which is a specific embodiment in fig. 2A 201A [0148]) comprises a table support and pivot subassembly (figs. 2A, 2E, table support and pivot subassembly 218 supporting at least table sections 210, 212, and 214, enables 210 to pivot about a vertical axis and the section 214 to pivot about a horizontal axis [0148]-[0149], [0153)-[0154], [0160]), a first table section subassembly (210 and 212, portion 210 also shown as 210A in Fig 2D-2G; Fig 2A, 2D-2G; [0144], [0148]-[0149], [0153]-[0154]) coupled to the table support and pivot subassembly via a first pivot point (fig. 2A and 2D, 210 is coupled to 218 via swivel joint 278 [0153]), and a second table section subassembly coupled to the table support and pivot subassembly via a second pivot point (fig. 2A and 2H, second table section 214C attaches to 218 at axis 252 [0159]); wherein adjusting the positioning of the table assembly comprises at least one of adjusting a first position of the first table section subassembly about the first pivot point (fig. 2A and 2D, table segment 210 swivels about axis 248 via adjusting swivel joint 278 [0153]) and adjusting a second position of the second table section subassembly about the second pivot point (fig. 2A and 2H, table segment 214 is adjusted by folding about axis 252 where it attaches to 218 at a pivot point [0159]). 
Eyre’s method does not disclose obtaining at least one of motion and scan analysis data for a user; determining position settings for performing one or more sequences of motion of the user based at least in part on the motion and scan analysis data; and performing a selected one of the one or more sequences of motion by adjusting positioning of a table assembly of the frame positioning device utilizing one or more actuators of the frame positioning device; and wherein the method is performed by a controller of the frame positioning device, the controller comprising at least one processing device comprising a processor coupled to a memory.  
However, Eyre discloses in the embodiment of Fig 1 to 2I, 3A-3B, and 8A-8E, performing an adjustment of the table assembly (101) utilizing one or more actuators (including a first actuator 278 coupled to portion 210 of the first table section subassembly 210, 212, portion 210 shown at 210A in Fig 2E and a second, unmarked actuator, enabling the portion 214 to pivot at an angle Beta in Fig 21, the portion 214 shown at 214D in Fig 2I; Fig 2A, 2E, 2I; [0154], [0160)) of the frame positioning device (100; Fig 2A, 2E, 2I [0154], [0160]), and an automatic adjustment of a configuration of a plurality of segments of the device (210, 212, 214, and 216; Fig 2A, 3A [0148), [0166]) and a control signal (control signal to a harmonic drive motor 280 of actuator 278 for adjusting the position of 210, shown as 210A in Fig 2D-2G [0157]-[0158]) for adjusting a position of the first table section subassembly (at least portion 210 of first table section subassembly 210, 212 collectively, shown as 210A in Fig 20-2G [0157-0158]) about the first pivot point (first pivot point along axis 248 defined by swivel mechanism 278, portion 210 shown as section 210A in Fig 2D-2E; para [0157]-[0158]), and Eyre discloses a motor (not shown in the figures, described in relation to Fig 2I in [0160]) for automatically adjusting the second table section subassembly (portion 214 of second table section subassembly 214, 216 collectively, 214 shown as 214D in Fig 21; para [0160]) about the second pivot point (second pivot point along a horizontal axis enabling the portion 214 to pivot relative to portion 212 at the angle Beta, the portion 214 shown at 214D in Fig 2I and the portion 212 shown at 212D in Fig 2I; Fig 2A, 2I [0160]).
Eyre further discloses, in the embodiment of Fig 7A, determining position settings (positioning settings for robotic arms 770A-770E; Fig 7A [0197]-[0199]) for performing one or more sequences of motion of the a robotic arm (770A-770E; Fig 7A; para [0197]-[0199]), based at least in part on scan analysis data (from an instrument including a camera attached to one of the robotic arms 770A-770E; Fig 7A; [0197]-[0199]).
Eyre discloses, in the embodiment of Fig 19-20, a controller (2002, 2004 collectively of Fig 20 that executes the method 1900 of Fig 19 [0286], [0291-0292]) for controlling a table (1301; Fig 20; [0292]-[0293]) using the method of Fig 19 (1900; Fig 19; [0286], [0292]), the controller (2002, 2004) including a processor (fig. 20, 2002 [0292]) coupled to a memory (2004; Fig 20; para [02921), the controller obtaining data for a user (by receiving a command including a position of an instrument connected to an end effector of a robotic arm; Fig 19; [0286]-[0287]) to perform a selected one of one or more sequences of motion (at step 1904 in Fig 19; [0289]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the method of Eyre could have been modified as claimed in order to perform a visual observation of an individual, to position the individual on the device as desired for a medical procedure, and to remotely control a position and angle of at least a portion of the device for the medical procedure using a controller. 
Regarding Claim 23, the modified Eyre discloses a method of claim 22 wherein the table assembly (fig. 1, table 101, also shown in fig. 2A as table assembly 201B [0153]) is coupled to an elevation and rotation assembly of the frame positioning device (fig. 1, table 101 is coupled to elevation and rotation assembly 102 [0143], which is also shown in fig. 3A to have elevation mechanism 320 and rotation mechanism 310 [0166]), and wherein adjusting the positioning of the table assembly further comprises at least one of adjusting an elevation and a rotation of the table assembly (fig. 3A, both the elevation and rotation of table assembly 101 is adjusted via actuators 310, 320 [0166]-[0167]) relative to a base assembly of the frame positioning device (fig. 1, base assembly 103 [0146]), the base assembly being coupled to the elevation and rotation assembly (fig. 1, the base 103 is shown coupled to the elevation and rotation assembly 102).  

Regarding Claim 24, the modified Eyre discloses a method of claim 22 further comprising receiving input data related to one or more expected treatment protocols (the controller receives input data related to one or more expected treatment protocols, such as the position of the robotic arms 770A-E in the embodiment of fig. 7A, and receiving input from the practitioner at block 1902 in the embodiment of figs. 19-20 [0197-0199]), wherein the table assembly is coupled to an elevation and rotation assembly of the frame positioning device (fig. 1, the table assembly 101 is coupled to elevation and rotation assembly 102; 102 is shown in fig. 3A to have elevation mechanism 320 and rotation mechanism 310 [0166]), and wherein adjusting the positioning of the table assembly further comprises adjusting at least one of an elevation and a rotation of the table assembly relative to a base assembly of the frame positioning device (, the base assembly being coupled to the elevation and rotation assembly.  

Regarding Claim 25, the modified Eyre discloses a method of claim 22 further comprising receiving feedback related to the positioning of the table assembly associated with the selected sequence of motion (fig. 2E, sensor 291 records information about a rotation of 210 [0156]). However, the modified Eyre does not disclose the method of the fig. 2E embodiment further adjusting the positioning of the table assembly of the frame positioning device based at least in part on the received feedback.  
Eyre teaches that the robotic arm may include sensors providing data to the control system, such as pressure sensors to provide force feedback signals and that the control system uses the sensor data to generate control signals provided to the robotic arm ([0190]). 
It would have been obvious to one having ordinary skill in the art, practicing routine experimentation and design techniques, that the method of Eyre could have been modified as claimed in order to enable the correction of any errors in the movement of a portion of the device to ensure the individual using the device is properly positioned for the medical procedure, by using feedback related to the positioning of the table assembly to further adjust the table assembly. 

Regarding Claim 26, Eyre discloses a computer program product comprising a non-transitory processor-readable storage medium having stored therein program code of one or more software programs ([0195]), wherein the program code when executed by a controller of a frame positioning device ([0195]) causes the controller to perform steps of: performing one or more sequences of motion (the controller collectively including the processor and the memory of the computer system, not shown in Fig 4B, causes robotic arms of the frame positioning device 400B to move in a sequence of motion, including a rotating of the arms to a certain position [0195]).
Eyre is silent on the embodiment of fig. 4B obtaining at least one of motion and scan analysis data for a user; determining position settings for performing one or more sequences of motion of the user based at least in part on the motion and scan analysis data; and performing a selected one of the one or more sequences of motion by adjusting positioning of a table assembly of the frame positioning device utilizing one or more actuators of the frame positioning device; wherein the table assembly comprises a table support and pivot subassembly, a first table section subassembly coupled to the table support and pivot subassembly via a first pivot point, and a second table section subassembly coupled to the table support and pivot subassembly via a second pivot point; and wherein adjusting the positioning of the table assembly comprises at least one of adjusting a first position of the first table section subassembly about the first pivot point and adjusting a second position of the second table section subassembly about the second pivot point.  
However, Eyre discloses in the embodiment of Fig 1 to 2I, 3A-3B, and 8A-8E, performing an adjustment of the table assembly (101) utilizing one or more actuators (including a first actuator 278 coupled to portion 210 of the first table section subassembly 210, 212, portion 210 shown at 210A in Fig 2E and a second, unmarked actuator, enabling the portion 214 to pivot at an angle Beta in Fig 21, the portion 214 shown at 214D in Fig 2I; Fig 2A, 2E, 2I; [0154], [0160)) of the frame positioning device (100; Fig 2A, 2E, 2I [0154], [0160]), and an automatic adjustment of a configuration of a plurality of segments of the device (210, 212, 214, and 216; Fig 2A, 3A [0148), [0166]) and a control signal (control signal to a harmonic drive motor 280 of actuator 278 for adjusting the position of 210, shown as 210A in Fig 2D-2G [0157]-[0158]) for adjusting a position of the first table section subassembly (at least portion 210 of first table section subassembly 210, 212 collectively, shown as 210A in Fig 20-2G [0157-0158]) about the first pivot point (first pivot point along axis 248 defined by swivel mechanism 278, portion 210 shown as section 210A in Fig 2D-2E; para [0157]-[0158]), and Eyre discloses a motor (not shown in the figures, described in relation to Fig 2I in [0160]) for automatically adjusting the second table section subassembly (portion 214 of second table section subassembly 214, 216 collectively, 214 shown as 214D in Fig 21; para [0160]) about the second pivot point (second pivot point along a horizontal axis enabling the portion 214 to pivot relative to portion 212 at the angle Beta, the portion 214 shown at 214D in Fig 2I and the portion 212 shown at 212D in Fig 2I; Fig 2A, 2I [0160]).
Eyre further discloses, in the embodiment of Fig 7A, determining position settings (positioning settings for robotic arms 770A-770E; Fig 7A [0197]-[0199]) for performing one or more sequences of motion of the a robotic arm (770A-770E; Fig 7A; para [0197]-[0199]), based at least in part on scan analysis data (from an instrument including a camera attached to one of the robotic arms 770A-770E; Fig 7A; [0197]-[0199]).
Eyre discloses, in the embodiment of Fig 19-20, a controller (2002, 2004 collectively of Fig 20 that executes the method 1900 of Fig 19 [0286], [0291-0292]) for controlling a table (1301; Fig 20; [0292]-[0293]) using the method of Fig 19 (1900; Fig 19; [0286], [0292]), the controller (2002, 2004) including a processor (fig. 20, 2002 [0292]) coupled to a memory (2004; Fig 20; para [02921), the controller obtaining data for a user (by receiving a command including a position of an instrument connected to an end effector of a robotic arm; Fig 19; [0286]-[0287]) to perform a selected one of one or more sequences of motion (at step 1904 in Fig 19; [0289]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the method of Eyre could have been modified as claimed in order to perform a visual observation of an individual, to position the individual on the device as desired for a medical procedure, and to remotely control a position and angle of at least a portion of the device for the medical procedure using a controller. 

Regarding Claim 27, the modified Eyre discloses a computer program product of claim 26 wherein the table assembly (figs. 1-2I, table assembly 101) is coupled to an elevation and rotation assembly of the frame positioning device (fig. 1, 102 further shown in fig. 3A to comprise elevation mechanism 320 and rotation mechanism 310, [0143], [045], [0166]), and wherein adjusting the positioning of the table assembly further comprises at least one of adjusting an elevation (fig. 3A, elevation mechanism 310 uses telescoping motor 322 [0168]) and a rotation of the table assembly relative to a base assembly of the frame positioning device (fig. 3A, rotation mechanism 310 uses pitch rotation motor 312 [0167]), the base assembly being coupled to the elevation and rotation assembly (fig. 1, 102 is coupled to the base assembly 103).  

Regarding Claim 28, the modified Eyre discloses a computer program product of claim 26 wherein the program code when executed by the controller of the frame positioning device further causes the controller to perform the step of receiving input data (receiving input data related to one or more expected treatment protocols, such as a position of the robotic arms 770A-770E in the embodiment of Fig 7 A, and receiving the input from a practitioner at block 1902 in the embodiment of Fig 19-20; Fig 7, 19; [0197]-[0199], [0287]) related to at least one of one or more expected treatment protocols (receiving input data related to one or more expected treatment protocols, such as a position of the robotic arms 770A-770E in the embodiment of Fig 7A, and receiving the input from a practitioner at block 1902 in the embodiment of Fig 19-20; Fig 7, 19; [0197]-(0199], [0287]), wherein the table assembly (figs. 1-2I, table assembly 101) is coupled to an elevation and rotation assembly of the frame positioning device (fig. 1, 102 further shown in fig. 3A to comprise elevation mechanism 320 and rotation mechanism 310, [0143], [045], [0166]), and wherein adjusting the positioning of the table assembly further comprises adjusting at least one of an elevation (fig. 3A, elevation mechanism 310 uses telescoping motor 322 [0168]) and a rotation of the table assembly relative to a base assembly of the frame positioning device (fig. 3A, rotation mechanism 310 uses pitch rotation motor 312 [0167]), the base assembly being coupled to the elevation and rotation assembly (fig. 1, 102 is coupled to the base assembly 103).    

Regarding Claim 29, the modified Eyre discloses a computer program product of claim 26, but does not explicitly disclose wherein the program code when executed by the controller of the frame positioning device further causes the controller to perform the steps of receiving feedback related to the positioning of the table assembly associated with the selected sequence of motion, and further adjusting the positioning of the table assembly of the frame positioning device based at least in part on the received feedback.
Eyre teaches that the robotic arm may include sensors providing data to the control system, such as pressure sensors to provide force feedback signals and that the control system uses the sensor data to generate control signals provided to the robotic arm ([0190]). 
It would have been obvious to one having ordinary skill in the art, practicing routine experimentation and design techniques, that the method of Eyre could have been modified as claimed in order to enable the correction of any errors in the movement of a portion of the device to ensure the individual using the device is properly positioned for the medical procedure, by using feedback related to the positioning of the table assembly to further adjust the table assembly. 

Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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, Brandy S. Lee can be reached on (571) 270-7410. 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.





/SARA K TOICH/Examiner, Art Unit 3785                                                                                                                                                                                                        
/VICTORIA MURPHY/Supervisory Examiner, Art Unit 4100                                                                                                                                                                                                        


    
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
        
            
    


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