DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendments filed December 12th, 2025 have been entered. Claims 1-5, 7-21 remain pending in the application. Applicant’s amendments to the claims have overcome almost each and every 112b Rejection previously set forth in the Non-Final Office Action mailed November 21st, 2024 and are hereby withdrawn in light of their correction. There remains an issue of 112b and although the claims are remarked in the response received July 10th, 2025 that no instantaneous claims should be treated as process, the claims should respectfully have their language amended given the scale and proportion of the indicated limitations in the pertinent section.
Claim Objections
Claim 21 is objected to because of the following informalities: "in the area" should read as "adjacent" analogous to the amendment of claim 3. Appropriate correction is required.
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 18 and 20 are 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.
Regarding claim 18, the limitations “according to claim 17” and “the stand-up lever arrangement” are recited. There is a lack of antecedent basis for “the stand-up lever arrangement” as “a stand-up lever arrangement” has not been previously recited. The claim/limitations appear to depend on claim 16 and 15 perhaps and is construed for the purposes of examination to depend on either claim 16 or 15 rather than claim 1.
Regarding claims 20, the limitation “in a first kinematic phase, starting from a starting position of the adjustment movement, the first lever is pivoted about the stationary lever pivot axis, the support part resting against the second lever being pivoted about the support part pivot axis, the second lever shifting in the longitudinal direction of the support part away from the support part pivot axis, and the third lever shifting in the slot guide in the direction away from the support part pivot axis, until the third lever in the slot guide runs against a stop formed by the end of the slot guide facing away from the support part pivot axis; and - in a second kinematic phase, the first lever is pivoted further about the stationary lever pivot axis, the third lever being pivoted about the end of the slot guide facing away from the support part pivot axis, the support part lifting from the first connection point between the first lever and the second lever, and the second connection point shifting between the second lever and the third lever in the direction of the end of the support part facing away from the first pivot axis until the end position of the adjustment movement is reached” is recited. There is confusion as to the scope of the claim as the claim appears to use methodology language such as “in a first kinematic phase” “starting from a…” “until the third lever in the slot guide runs…” “in a second kinematic phase” active terminology contingent on the aforementioned condition “pivoted about” “is pivoted further”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (MPEP 2173.05(p) is relevant). Notably, the manner the claims are written it is unclear whether the invention is anticipated when a system is so configured to pivot about/pivot further/shift until the slot guide runs against a stop, or when the system is actively in use and pivoting about in a relative movement/pivoting further/shifting until the slot guide runs against a stop. Notice is taken of the response received July 10th, 2025 that the instantaneous claims should not be treated as process claims, but the claims should be amended to reflect this. It is respectfully recommended to use the ‘configured to’ language claims 19 and 21 use at a minimum and the claims are treated as such for the purposes of examination.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurt (Swiss Pat. No. CH587035A5).
Regarding claim 1, Kurt discloses (FIGS. 1-3) a support device adjustable by means of an electric motor (14; FIG. 1), for supporting cushioning of a piece of furniture for lying on (Abstract: “bed or couch”), in particular a mattress of a bed (Abstract: “bed”), comprising: a base part (1; FIG 1); a support part (2) which is connected to the base part and is pivoted about a support part pivot axis (about 3); an electromotive drive device (12-14) which is operatively connected to the base part and the support part for pivoting adjustment of the support part with respect to the base part (As illustrated in FIG. 1 correspondent arrows A and B), and the base part and the support part are configured to be and are operatively connected to the drive device so that the support part is adjustable between a non- adjusted starting position (as expressed in page 2: first paragraph: “which can be adjusted in its inclination”) in which the support part rests flat on the base part (As observed in FIG. 1 the frame is free to swing within the base part and the support part component 16 upon moving far enough to the left of arrow A would achieve a flat state in the ordinary operation of the invention), and an end position of the adjustment movement, in which the support part is arranged at an angle to the base part (As eminently demonstrated in FIG. 1); and the drive device has at least one drive train (correspondent either 13, 12, or both operating as a leadscrew; as illustrated in FIG. 1 and expressed in page 2, third paragraph) by which the drive device is in drive connection to an adjusting element (12 or 16) that is movable translationally along a linear axis (As expressed by arrows A and B in FIG. 1), so that the adjusting element is movable between the non-adjusted starting position, and the end position of the adjustment movement, by means of the drive device (as eminently demonstrated in FIG. 1 and expressed in page 2, third paragraph); and on at least one of the base part and the support part and at least one lifting guide element (10 or 16; FIG. 1) which is acting as a wedge is arranged which is shaped so that it is operatively connected to the adjusting element and so that it in a relative movement between the adjusting element and the lifting guide element along the linear axis, the support part is pivoted about the support part pivot axis with respect to the base part (As illustrated in FIG. 1 and correspondent page 2, third paragraph).
Regarding claim 2, Kurt discloses (FIGS. 1-3) the support device of Claim 1, wherein: the lifting guide element (10/16; FIG. 1) which is acting as a wedge is arranged on the support part (as illustrated in FIGS. 1-3).
Regarding claim 3, Kurt discloses (FIGS. 1-3) the support device of Claim 1, wherein: the lifting guide element is arranged adjacent the support part pivot axis on the support part (As illustrated in FIG. 1 the lifting guide element is arranged indirectly adjacent the support pivot axis 3).
Regarding claim 4, Kurt discloses (FIGS. 1-3) the support device of Claim 1, wherein: the adjusting element is arranged on the base part (As illustrated eminently in FIGS. 1-2).
Claim(s) 1, 2, 5, 7-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dewert (German Pub. No. DE102014115084A1).
Regarding claim 1, Dewert discloses (FIGS. 7A-12D and 17-18) a support device adjustable by means of an electric motor (as illustrated in FIGS. 7A-12D and 17-18), for supporting cushioning of a piece of furniture for lying on (Title), in particular a mattress of a bed (Title: “For Supporting Cushion Reclining Furniture I.e. Mattress”), comprising: a base part (28/30; FIG. 11B and alternatively 116; FIG. 17); a support part (86/88; FIG. 12A and alternatively 114; FIG. 18) which is connected to the base part and is pivoted about a support part pivot axis (as illustrated in 12A and alternatively particularly 126; FIG. 18); an electromotive drive device (18; FIG. 12A) which is operatively connected to the base part and the support part for pivoting adjustment of the support part with respect to the base part (As illustrated in FIG. 12A), and the base part and the support part are configured to be and are operatively connected to the drive device so that the support part is adjustable between a non- adjusted starting position in which the support part rests flat on the base part (as illustrated in 11A), and an end position of the adjustment movement, in which the support part is arranged at an angle to the base part (As illustrated in FIGS. 11B-12D); and the drive device has at least one drive train by which the drive device is in drive connection to an adjusting element that is movable translationally along a linear axis, (correspondent Bowden cable system 44/18/FIG. 12D, alongside alternate 132; FIG. 18) so that the adjusting element is movable between the non-adjusted starting position, and the end position of the adjustment movement, by means of the drive device (as illustrated between FIGS. 11A-12B and alternatively FIGS. 17-18); and on at least one of the base part and the support part and at least one lifting guide element (70/76; FIG. 12C and alternatively 128/136; FIG. 17-18) which is acting as a wedge is arranged which is shaped so that it is operatively connected to the adjusting element and so that it in a relative movement between the adjusting element and the lifting guide element along the linear axis, the support part is pivoted about the support part pivot axis with respect to the base part (As illustrated between FIGS. 11A-12D, and alternatively 17-18).
Regarding claim 2, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 1, wherein: the lifting guide element which is acting as a wedge is arranged on the support part (As illustrated in FIGS. 11A-12D, and alternatively 17-18).
Regarding claim 5, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 1, wherein: the adjusting element projects beyond the base part (As illustrated in FIGS. 12C and alternatively FIG. 18) and, in the starting position of the adjustment movement, is housed in a recess formed on the support part (as illustrated in FIG. 11A and alternatively FIG. 18), the inner wall of which forming a resting surface for the adjusting element (as illustrated in FIGS. 12C and alternatively FIG. 17), the cross section of which tapers in the direction of the support part pivot axis (As portrayed in FIGS. 12A and alternatively FIG. 17/18) so that, in a translational movement of the adjusting element, the support part is pivotable or pivoted about the support part pivot axis in the direction of the support part pivot axis (As portrayed in FIGS. 11A-12D and alternatively FIGS. 17/18).
Regarding claim 7, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 5, wherein: a component is provided on the support part (120; FIGS. 17) and the recess is provided in the component (as illustrated in FIG. 17-18); and the component is made of plastic ([100]: “a bearing block 120 formed by an injection-molded plastic part is provided”)
Regarding claim 8, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 1, wherein: the electromotive drive device and is operatively connected to the adjusting element (through Bowden cables 44/44’; FIG. 12A and alternatively 132; FIGS. 18) so that, upon actuation of the drive device, the adjusting element is moved translationally along its linear axis to adjust the support part with respect to the base part (Along linear axis within 30/28; FIG. 11A and alternatively 116; FIG. 17).
Regarding claim 9, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 8, wherein: the drive device has at least one Bowden cable (44/44’; FIG. 11A, and alternatively 132; FIG. 18) which is operatively connected to an electric motor (as portrayed in 18; FIG. 11A) and has a casing and a traction cable housed in the casing (as illustrated between FIGS. 11A-12D and alternatively FIGS. 17-18), a movable part (As illustrated by line 84 of FIG. 7E and alternatively line 132 of FIG. 18) of which is operatively connected to the adjusting element for translational movement thereof along the linear axis (As illustrated between FIGS. 7A-12D and 17-18).
Regarding claim 10, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 1, wherein: for adjustment of the support part with respect to the base part, the adjusting element resting on the lifting guide element moves translationally with respect thereto (through the linear translation of the Bowden cable 84 of FIG. 7E and alternatively the Bowden cable 132 of FIG. 17/18), with the lifting guide element being operatively connected to the adjusting element so that, in a translational relative movement between the adjusting element and the lifting guide element, the support part is pivoted about the support part pivot axis with respect to the base part (AS illustrated between FIGS. 7A-12D And alternatively FIGS. 17-18).
Regarding claim 11, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 1, wherein: at least one lifting guide element has a cross section which is expanding along the linear axis of the adjusting element (As illustrated in at least FIG. 17/18 with a tapering cross section expanding along the linear axis of the adjusting element).
Regarding claim 12, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 11, wherein: the lifting guide element is shaped so that the adjusting element, in the region of the starting position of the adjustment movement, rests on a section of smaller cross section of the lifting guide element, and in the area of the end position of the adjustment movement, rests on a section of larger cross section of the lifting guide element (as illustrated and portrayed for FIGS. 17-18).
Regarding claim 13, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 11, wherein: at least one lifting guide element includes a cross section which expands in the form of one of an arc and a ramp (as eminently demonstrated in FIGS. 17-18).
Regarding claim 14, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 1, wherein: a lever arrangement (As illustrated in FIGS. 17-18) with at least one lever (76/70/80; FIG. 7B) is arranged in the at least one drive train between the base part and the support part (As illustrated in FIGS. 7E).
Regarding claim 15, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 14, wherein: the lever arrangement has a stand-up lever arrangement with at least one stand-up lever (AS eminently demonstrated in FIGS. 12D).
Regarding claim 16, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 15, wherein: the stand-up lever arrangement has a first stand-up lever (76; FIG. 7E), one end of which is articulated and connected about a first articulation axis (As illustrated in FIGS. 7A-12D) to the drive element or a component connected thereto (As illustrated in FIGS. 7A-12D), and the other end of which is articulated and connected about a second articulation axis to a second stand-up lever (70; As illustrated in FIGS. 7A-12D), the free end of which being operatively connected to the lifting guide element (82; As illustrated in FIGS. 7A-12D)) which is acting as a wedge (As illustrated in FIGS. 7A-12D), the operative connection between the second open stand-up lever and the lifting guide element being configured so that, starting from the starting position of the adjustment movement, in a first kinematic phase the stand-up levers execute a translational movement when not standing up, the free end of the second stand-up lever interacting with the lifting guide element for pivoting the support part with respect to the base part (As illustrated between FIGS. 7A-12D), and that in a second the kinematic phase, the free end of the second stand-up lever runs against a stop, so that the stand-up levers stand up with respect to one another in a pivoting manner about the second articulation axis, whereby the support part with respect to the base part further pivots about the support part pivot axis until the end position of the adjustment movement is reached (As illustrated between FIGS. 7A-12D).
Regarding claim 17, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 1, wherein: the adjusting element is guided along the linear axis in a linear guide which is formed on the base part (in the groove/guides of 28/30; FIGS. 11A-12D and alternatively 116 in FIG. 17-18).
Regarding claim 18, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim {16}, wherein: the stand-up lever arrangement is guided in the linear guide (As illustrated in FIGS. 7A-12D).
Regarding claim 19, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 14, wherein: the lever arrangement has a lever mechanism (As illustrated in FIGS. 7A-12D).
Regarding claim 20, Dewert discloses (FIGS. 7A-12D and 17-18) the support device of Claim 19, wherein: the lever mechanism has a first lever (80/84; FIG. 7E) which is pivotably mounted on the base part about a stationary lever pivot axis parallel to the support part pivot axis (As illustrated in FIGS. 7A-12D), one end of a second lever (70; FIG. 7E) being articulated to the end facing away from the lever pivot axis (As illustrated in FIGS. 7A-12D) and articulated about a first articulation axis which is parallel to the lever pivot axis at a first connection point (either 74 FIG. 7E), the other end of which being articulated and pivotably about a second articulation axis (as illustrated in FIGS. 7A-12D) which is parallel to the first articulation axis connected to one end of a third lever (76; FIG. 7E) at a second connection point (As illustrated in FIGS. 7A-12D), the other end of which being pivotably and shiftably guided in a slot guide in the axial direction of the linear axis (correspondent with the Bowden cable 84; FIG. 7E), wherein the end of the third lever connected to the second lever at the second connection point is guided shiftably thereon in the longitudinal direction of the support part and articulated thereto (As illustrated between FIGS. 7A-12D), the levers being designed and connected to the base part or the support part and the drive device and operatively connected (As illustrated in FIGS. 7A-12D) such that - in a first kinematic phase, starting from a starting position of the adjustment movement, the first lever is pivoted about the stationary lever pivot axis (As illustrated between FIGS. 7A-12D), the support part resting against the second lever being pivoted about the support part pivot axis (As illustrated between FIGS. 7A-12D), the second lever shifting in the longitudinal direction of the support part away from the support part pivot axis (As illustrated between FIGS. 7A-12D), and the third lever shifting in the slot guide in the direction away from the support part pivot axis (As illustrated between FIGS. 7A-12D), until the third lever in the slot guide runs against a stop (84; FIG. 7E) formed by the end of the slot guide facing away from the support part pivot axis (As illustrated between FIGS. 7A-12D); and - in a second kinematic phase, the first lever is pivoted further about the stationary lever pivot axis (As illustrated between FIGS. 7A-12D), the third lever being pivoted about the end of the slot guide facing away from the support part pivot axis (As illustrated between FIGS. 7A-12D), the support part lifting from the first connection point between the first lever and the second lever, and the second connection point shifting between the second lever and the third lever in the direction of the end of the support part facing away from the first pivot axis until the end position of the adjustment movement is reached (As illustrated between FIGS. 7A-12D).
Regarding claim 21, Dewert discloses (FIGS. 7A-13 and 17-18) the support device of Claim 19, wherein: the lever mechanism has a one-armed first lever (80; FIG. 7E) which is pivotably mounted on the base part about a stationary lever pivot axis (about 90; FIG. 13) which is parallel to the support part pivot axis (As illustrated between FIGS. 7A-12D), and has a two- armed second lever (70/82; FIG. 7E), wherein the free end of the first lever facing away from the lever pivot axis is articulated about a first articulation axis to the second lever facing away from its ends (As illustrated between FIGS. 7A-12D), wherein one end of the second lever is guided in a linear guide in a translationally movable manner with respect to the lever pivot axis (As illustrated between FIGS. 7A-12D), and the other end of the second lever is articulated and connected to the support part shiftably thereto in the longitudinal direction (As illustrated between FIGS. 7A-12D. [particularly FIGS. 11A-11E), the operative connection between the lever mechanism, the drive device and the base part and the support part being configured (As illustrated between FIGS. 7A-12D) so that - in a first kinematic phase, starting from a starting position of the adjustment movement, the end of the second lever guided in the linear guide shifts in the direction of the lever pivot axis (As illustrated between FIGS. 7A-12D), with the other end of the second lever being located {adjacent} the end of the support part facing away from the support part pivot axis (As illustrated between FIGS. 7A-12D), whereby the support part is pivoted about the support part pivot axis (As illustrated between FIGS. 7A-12D); and - in a second kinematic phase, the end of the second lever facing the lever pivot axis shifts further in the direction of the lever pivot axis (As illustrated between FIGS. 7A-12D), while the end of the second lever facing away from the lever pivot axis shifts with respect to the support part in the direction of the support part pivot axis (As illustrated between FIGS. 7A-12D), whereby the support part is pivoted further about the support part pivot axis with respect to the base part until the end position of the adjustment movement is reached (As illustrated between FIGS. 7A-12D).
Response to Arguments
Applicant’s arguments, see pages 8-9 and 10-11 filed July 10th, 2025 and December 12th, 2025 respectively, with respect to the majority of 112b Rejections have been fully considered and are persuasive. The majority of 112b Rejections (excluding claim 20 as cited in the pertinent section) of November 21st, 2024 has been withdrawn. However, an additional 112b was observed to be necessitated in light of what respectfully appeared to be claim number attribution/dependency and otherwise antecedent basis lacking for terms.
Applicant’s arguments with respect to claim(s) 1-5 and 7-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The additional references cited on the Notice of References Cited (PTO-892) were considered pertinent because they address the state of the art concerning articulated bedding/seating assemblies, linkages thereof, actuation mechanisms and levers thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke F Hall whose telephone number is (571)272-5996. The examiner can normally be reached M-F 8am-5pm.
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, Justin Mikowski can be reached on 571-272-8525. 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.
/LUKE HALL/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673