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 .
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0042 ends in the middle of a sentence, reading “The legs 67 are screwed into”. Appropriate correction is required.
Claim Interpretation
Claim 12 requires the mattress support to include “only” two panels, the head and foot panels, but claim 13 further requires these panels be further comprised of sub-panels. The claims are therefore being interpreted according to the special definition of a panel provided by paragraph 0042, where a plurality of subpanels may be considered, as a group, a singular panel.
Claims 14 and 16 contain the limitation “a further disassembled mattress foundation” in line 2 of claim 14 and “a further packaged mattress foundation” in line 2 of claim 16. “Further” in these claims is being interpreted to mean an additional mattress foundation, as discussed in Applicant’s specification, paragraph 0029.
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 1-14 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.
In claim 1, line 5, it is unclear if the “disassembled mattress foundation” refers to the same mattress foundation as the “packaged mattress foundation” introduced in line 1. For examination purposes, it is assumed the mattress foundations of lines 1 and 5 are the same. Claims 2-14 are additionally rejected by virtue of their dependence from claim 1.
Claim 4, lines 5-6 require that the inner rail and the outer rail not be connected to each other. However, line 7 requires that the inner rail and outer rail be interconnected via a hinge. It is not clear how the inner rail and outer rail are simultaneously not connected to each other and interconnected via a hinge. For examination purposes, it is assumed two non-integral inner and outer rails which are connected via a hinge can be considered both not connected (as they are separate parts) and interconnected via a hinge.
Claims 6 and 7 recites the limitation "said head sub-panel" in line 5 of claim 6 and line 6 of claim 7. There is insufficient antecedent basis for this limitation in the claims. For examination purposes, it is assumed this limitation was intended to read “said waist sub-panel”.
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.
Claims 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Durrans (Patent Publication No. WO 2021/001666 A1)
Regarding claim 15, Durrans discloses a palletized container of mattress foundations 24 and 24’, comprising: a pallet a pallet length and a pallet width (Page 16, line 15-Page 17, line 12, where multiple bed bases can be stored in a 1.6 meter high stack on a standard Euro pallet which is 1m wide and 1.2m long); and a packaged mattress foundation 24 being stacked on said pallet (Figures 13a-d), said packaged mattress foundation 24 including: a packaging box 58 having a box length and a box width (Figure 13d), said box length being no greater than the pallet length, and said box width being no greater than the pallet width (Figures 13a-d, Page 16, line 15-Page 17, line 12, where bed bases may be packaged to fit on standard Euro pallets which are 100cm wide and 120 cm long); and a disassembled mattress foundation 24 being contained within said packaging box (Figure 13d).
Regarding claim 16, Durrans discloses the subject matter as discussed above with regard to claim 15. Durrans further discloses a further packaged mattress foundation being stacked on said packaged mattress foundation 24 (Page 16, line 15-Page 17, line 12, where multiple bed bases can be stored in a 1.6 meter high stack on a standard Euro pallet which is 1m wide and 1.2m long), said packaged mattress foundation 24 including: a packaging box 58 having a box length and a box width (Figure 13d), said box length being no greater than the pallet length, and said box width being no greater than the pallet width (Figures 13a-d, Page 16, line 15-Page 17, line 12, where bed bases may be packaged to fit on standard Euro pallets which are 100cm wide and 120 cm long); and a disassembled mattress foundation 24 being contained within said packaging box (Figure 13d).
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.
Claims 1-4, 7-8, 10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Publication No. 2022/0095802) in view of Durrans (Patent Publication No. WO 2021/001666 A1).
Regarding claim 1, Chen (U.S. Publication No. 2022/0095802) discloses a packaged mattress foundation 1 and 2 (Figures 1 and 7-8 and paragraph 0077), the packaged mattress foundation 1 and 2 comprising: a packaging box (described as the container in paragraph 0077) having a box length and a box width (paragraph 0077), and a disassembled mattress foundation 1 and 2 being contained within said packaging box (paragraph 0077, where the mattress foundation is folded in the manner of Figures 7-8 to be placed within the container for transport).
Chen does not explicitly disclose the packaged mattress foundation being provided for stacking on a pallet having a pallet length and a pallet width said box length being no greater than the pallet length, and said box width being no greater than the pallet width.
Durrans teaches the packaged mattress foundation 24, 24’being provided for stacking on a pallet having a pallet length and a pallet width said box 58 length being no greater than the pallet length, and said box 58 width being no greater than the pallet width (Figures 6a-c and 13a-d, Page 16, line 15-Page 17, line 12, where bed bases may be packaged to fit on standard Euro pallets which are 100cm wide and 120 cm long).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Chen with Durrans (both being directed to foldable, packable bed frame) such that the packaged mattress foundation is provided for stacking on a pallet where the box length and width are no greater than the pallet length and width. One of ordinary skill in the art would have been motivated to do so because limiting the size of the package in order to fit on a standard pallet maximizes the amount of bed bases which can be transported at once, reducing shipping costs (Page 16, line 15-Page 17, line 12).
Regarding claim 2, Chen, as modified, discloses the subject matter as discussed above with regard to claim 1. Chen, as modified, further discloses wherein: said box length is no greater than 122 cm; and said box width is no greater than 102 cm (see Durrans, Page 16, line 15-Page 17, line 12, where the bed bases are designed to fit onto a standard Euro pallet which is 100cm wide by 120cm long).
Regarding claim 3, Chen, as modified, discloses the subject matter as discussed above with regard to claim 1. Chen, as modified, further discloses wherein said disassembled mattress foundation 1 and 2 includes: a mattress support 4, 5, 7-10 for supporting a mattress 60 (see Chen, Figure 1 and paragraph 0078), said mattress support 4, 5, 7-10 having a head panel 1 and a foot panel 2, said head panel 1 having a head-panel length and a head-panel width (see Chen, Figure 1) and being configured to support a head portion of the mattress (see Chen, Figure 1 and paragraph 0078), said foot panel 2 having a foot-panel length and foot panel width and being configured to support a foot portion of the mattress (see Chen, Figure 1 and paragraph 0078); said head-panel 24 length is no greater than the pallet length; said head-panel 24 width is no greater than the pallet width (see Durrans, Figures 6a-c and 13a-d and Page 16, line 15-Page 17-line 12, also see Chen, Figure 4, where the head and foot panels 20 and 30 are contained and shipped within the same box); said foot-panel 24’ length is no greater than the pallet length; and said foot-panel 24’ width is no greater than the pallet width (see Durrans, Figures 6a-c and 13a-d and Page 16, line 15-Page 17-line 12, also see Chen, Figure 4 and paragraph 0077, where the entire mattress foundation 1 and 2 are contained and shipped within the same box).
Regarding claim 4, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1 and 3. Chen, as modified, further discloses wherein: said head panel 1 has a head-panel bottom (see Chen, Figure 6, the bottom being defined by the side of the head panel 1 attached to rail 3); said foot panel 2 has a foot-panel bottom (see Chen, Figure 1, the bottom being defined by the side of the foot panel 2 attached to rail 6); an outer rail 6 being connected to one of said head-panel bottom and said foot-panel 10 bottom (see Chen, Figure 6); an inner rail 3 being connected to one of said head-panel 5 bottom and said foot-panel bottom not being connected to said outer rail 6 (see Chen, Figures 6-8 and paragraph 0077); and a hinge 32 interconnecting said outer rail 6 and said inner rail 3 (see Chen, Figures 15-16 and paragraph 0095); said outer rail 6 being distinct from said inner rail 3 when said head panel and said foot panel are folded about said hinge 32 (see Chen, Figures 15-16 and paragraph 0095).
Regarding claim 7, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1 and 3. Chen, as modified, further discloses wherein: said head panel 1 has a head-panel bottom (see Chen, Figure 6, the bottom being defined by the side of the head panel 1 attached to rail 3) and includes a back sub-panel 5 and a waist sub-panel 4; said foot panel 2 has a foot-panel bottom (see Chen, Figure 1, the bottom being defined by the side of the foot panel 2 attached to rail 6) said foot panel 2 and includes a leg sub-panel 9 and a foot sub-panel 10 (see Chen, Figures 1 and 4); a back motor 15 is disposed on said head-panel bottom at a first position and is configured to move said head sub-panel 4 relative to said back sub-panel 5 (see Chen, Figure 6 and paragraphs 0080-0081); a leg motor 21 is disposed on said foot-panel 2 bottom at a second position and is configured to move said leg sub-panel 9 relative to said foot sub-panel 10 (see Chen, Figure 6 and paragraphs 0083-0084); and said first position 25 (see Chen, Figure 6 defined by the position of the back motor 15), said second position 25 (and see Chen, Figure 6, defined by the position of the leg motor 21), are distinct when said head-panel 1 bottom faces said foot-panel 2 bottom for shipping (see Chen, Figure 6, where the motors 15 and 21 are offset on either side of a longitudinal center line of the bed frame).
Regarding claim 8, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1 and 3. Chen, as modified, further discloses wherein: said mattress support 1 and 2 includes a hinge 32 (see Chen, Figures 15-16 and paragraph 0095), said hinge 32 interconnecting said head panel 1 and said foot panel 2 (see Chen, Figures 6-8 and 16, and paragraph 0095); said head panel 1 has a head-panel 1 bottom (see Chen, Figure 6, the bottom being defined by the side of the head panel 1 attached to rail 3) and, said head-panel bottom having a head-panel left edge, a head-panel right edge opposing said head-panel left edge, and a head-panel outer edge (the left, right, and outer edges of the head panel being defined by the edges positioned on the left and right of the head panel and the edge positioned furthest from the center of the mattress foundation 1 and 2, respectively, see Chen, Figures 1 and 4), said head-panel outer edge being disposed on said head-panel bottom opposingly from said hinge 32 (see Chen, Figures 1 and 4); said foot panel has a foot-panel bottom (see Chen, Figure 1, the bottom being defined by the side of the foot panel 2 attached to rail 6), said foot-panel bottom having a foot-panel left edge, a foot-panel right edge opposing said foot-panel left edge, and a foot-panel outer edge (the left, right, and outer edges of the foot panel being defined by the edges positioned on the left and right of the foot panel and the edge positioned furthest from the center of the mattress foundation 1 and 2, respectively, see Chen, Figures 1 and 4), said foot-panel outer edge being disposed on said foot-panel bottom opposingly from said hinge 32 (see Chen, Figure 4); a fixed left border 40 being disposed on one of said foot-panel 2 left edge and said head-panel left edge (see Chen, Figure 14 and paragraphs 0100-0101, the left border 40 being defined by the left portion of border 40); a fixed right border 40 being disposed on one of said foot-panel 2 right edge and said head-panel right edge (see Chen, Figure 14 and paragraphs 0100-0101, the left border 40 being defined by the left portion of border 40); a fixed outer border 40 being disposed on one of said foot-panel 2 outer edge and said head-panel outer edge (see Chen, Figure 14 and paragraphs 0100-0101, the outer border 40 being defined by the portion of border 40 furthest from the center of the mattress foundation); a removable left border 37 being removably attachable to an other of said foot-panel left edge and said head-panel 1 left edge (see Chen, Figure 14 and paragraphs 0102-0103, the left border 39 being defined by the border 39 positioned on the left edge of head panel 1), said removable left border 39 being removed when said mattress support 1 and 2 is folded and attached when said mattress support 1 and 2 is unfolded (see Chen, Figures 14-15 and paragraph 0102-0103); a removable right border 39 being removably attachable to an other of said foot-panel right edge and said head-panel 1 right edge (see Chen, Figure 14 and paragraphs 0102-0103, the right border 39 being defined by the border 39 positioned on the right edge of head panel 1), said removable right border 39 being removed when said mattress support 1 and 2 is folded and attached when said mattress support 1 and 2 is unfolded (see Chen, Figures 14-15 and paragraph 0102-0105); and a removable outer border 36 being removably attachable to an other of said foot-panel outer edge and said head-panel 1 outer edge (see Chen, Figure 14 and paragraph 0102-0105), said removable outer border 36 being removed when said mattress support 1 and 2 is folded and attached when said mattress support is unfolded 1 and 2 (see Chen, Figures 14-15 and paragraphs 0102-0105).
Regarding claim 10, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1, 3, and 8. Chen, as modified, further discloses wherein said mattress support 1 and 2 includes a hook-and-loop fastener 41 and 42 having a first part 41 releasably connected to a second part 42; said first part 41 of said hook-and-loop fastener being disposed on at least one of said removable left border 39, said removable right border 39, and said removable outer border 37 (see Chen, Figure 14 and paragraph 0105); and said second part 42 of said hook-and-loop fastener being disposed on at least one of said foot-panel left edge, said foot-panel right edge, said foot-panel outer edge, said head-panel 1 left edge, said head-panel 1 right edge, and said head-panel 1 outer edge (see Chen, Figure 14 and paragraph 0105, where the second part 42 is connected to all of said head-panel 1 left edge, said head-panel 1 right edge, and said head-panel 1 outer edge).
Regarding claim 12, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1 and 3. Chen, as modified, further discloses wherein said mattress support includes only two panels 1 and 2, said only two panels 1 and 2 being said head panel 1 and said foot panel 2 (see Chen, Figure 1).
Regarding claim 13, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1, 3, and 12. Chen, as modified, further discloses wherein: said head panel 1 includes only two head subpanels 4 and 5, said only two head subpanels 4 and 5 being a back subpanel 5 and a waist subpanel 4 (see Chen, Figure 1 and paragraph ); and said foot panel 2 includes only three foot subpanels 7, 9, and 10, said only three foot subpanels 7, 9, and 10 being a buttock subpanel 7, a leg subpanel 9, and a foot subpanel 10 (see Chen, Figures 1 and 4 and paragraph 0074).
Regarding claim 14, Chen, as modified, discloses the subject matter as discussed above with regard to claim 1. Chen, as modified, further discloses a further disassembled mattress foundation 1 and 2 being contained within said packaging box (paragraph 0077, where the mattress foundation is folded in the manner of Figures 7-8 to be placed within the container for transport, and see Durrans, Page 16, line 15-Page 17, line 12, where multiple bed bases can be stored in a 1.6 meter high stack on a standard Euro pallet which is 1m wide and 1.2m long)).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Durrans and further in view of Wang (U.S. Publication No. 2023/0034676).
Regarding claim 5, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1 and 3. Chen, as modified, further discloses wherein: head panel 1 has a head-panel bottom (see Chen, Figure 6, the bottom being defined by the side of the head panel 1 attached to rail 3); said foot panel 2 has a foot-panel bottom (see Chen, Figure 1, the bottom being defined by the side of the foot panel 2 attached to rail 6); said head-panel 5 bottom facing said foot-panel 10 bottom when said mattress support 4, 5, and 7-10 is folded for shipping (see Chen, Figures 7-8);
Chen, as modified, does not disclose a back massaging unit is disposed on said head panel at a first position between said head panel and said foot panel; and a foot massaging unit is disposed on said foot panel at a second position between said head panel and said foot panel, said second position being distinct from said first position.
Wang teaches a back massaging unit 190 is disposed on said head panel 181 at a first position 25 (Figures 8 and 11, paragraphs 0065 and 0086) and between said head panel 181 and said foot panel 184 (Figures 8 and 11 and paragraph 0065); and a foot massaging unit 190 is disposed on said foot panel 184 at a second position 25 between said head panel 181 and said foot panel 184, said second position 25 being distinct from said first position 25 (Figures 8 and 11 and paragraph 0065 and 0086, where a slot 25 is located on each of the head panel 181 and foot panel 184).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Chen, as modified, with Wang (both being directed to articulating beds) and arrived at a back massaging unit being disposed on said head panel at a first position between said head panel and said foot panel; and a foot massaging unit being disposed on said foot panel at a distinct second position between said head panel and said foot panel. One of ordinary skill in the art would have been motivated to do so because the massaging units of Wang provide massage effects to a user when need (paragraphs 0085-0087).
Regarding claim 6, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1, 3, and 5. Chen, as modified, further discloses wherein: said head panel 1 includes a back sub-panel 5 and a waist sub-panel 4; said foot panel 2 includes a leg sub-panel 9 and a foot sub-panel 10 (see Chen, Figures 1 and 4); a back motor 15 is disposed on said head-panel bottom at a third position and is configured to move said head sub-panel 4 relative to said back sub-panel 5 (see Chen, Figure 6 and paragraphs 0080-0081); a leg motor 21 is disposed on said foot-panel 2 bottom at a fourth position and is configured to move said leg sub-panel 9 relative to said foot sub-panel 10 (see Chen, Figure 6 and paragraphs 0083-0084); and said first position 25 (on head panel 181, see Wang, Figures 4-5), said second position 25 (on leg panel 184, see Wang, Figures 4-5), said third position (defined by the motor 145 on head panel 181, see Wang, Figures 4-5 and see Chen, Figure 6 defined by the position of the back motor 15), and said fourth position (defined by the motor 155 on foot panel 184, see Wang, Figures 4-5, and see Chen, Figure 6 defined by the position of the leg motor 21) are distinct when said head-panel 1 bottom faces said foot-panel 2 bottom for shipping (see Wang, Figures 4-5 where the apertures 25 are positioned on different sides of the bed frame, and see Chen, Figure 6, where the motors 15 and 21 are offset on either side of a longitudinal center line of the bed frame).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Durrans and further in view of Clenet (U.S. Publication No. 2011/0247138).
Regarding claim 9, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1, 3, and 8. Chen, as modified, does not explicitly disclose wherein at least one of said fixed left border, said fixed right border, said fixed outer border, said removable left border, said removable right border, and said removable outer border includes a flexible resilient foam.
Clenet teaches wherein at least one border 42 includes a flexible resilient foam (paragraph 0030 and Figure 3).
It would have been obvious to one of ordinary skill in the art before the effective fling date to have combined Chen, as modified, with Clenet (both being directed to articulating beds) such that at least one of said fixed left, right, and outer borders said removable left, right, and outer borders includes a flexible resilient foam. One of ordinary skill in the art would have been motivated to do so because the foam border of Clenet helps prevent injury from collisions of a user with the bed frame (paragraph 0032).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Durrans and further in view of Huang (U.S. Publication No. 2020/0221881).
Regarding claim 11, Chen, as modified, discloses the subject matter as discussed above with regard to claims 1, 3, and 4. Chen, as modified, further discloses wherein: at least one of said inner rail 3 and said outer rail 6 has a leg-mount plate 12 connected thereto (see Chen, Figure 6 and paragraph 0075), said leg-mount plate 12 having a threaded socket formed therein (see Chen, paragraph 0075); and a leg for supporting said mattress support 1 and 2 above a floor includes a threaded mounting member (see Chen, paragraphs 0075 and 0090), said threaded mounting member being configured to screw into said threaded socket (see Chen, paragraphs 0075 and 0090), said leg being removed when said mattress support 1 and 2 is folded for shipping (see Chen, Figures 7-8) and screwed in when said mattress support 1 and 2 is unfolded for use (see Chen, paragraph 0090).
Chen, as modified, does not explicitly disclose the leg for supporting said mattress support above a floor includes a bolt, said bolt being configured to screw into said threaded socket.
Huang teaches the leg 13 for supporting said mattress support 1 above a floor includes a bolt (defined by the fastening bolts, paragraphs 0016-0017), said bolt being configured to screw into said threaded socket (of mounting seats 1101, 1102, 1001, and 1002, Figures 1 and 7 and paragraphs 0017 and 0020).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Chen, as modified, with Huang (both being directed to folding, articulating beds) such that the leg includes a bolt, said bolt being configured to screw into said threaded socket. One of ordinary skill in the art would have been motivated to do so because the bolts of Huang allow for the bed legs to be simply screwed or unscrewed from the sockets in order to set-up or knock-down the mattress support, respectively (paragraphs 0016-0017 and 0020).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xie et al. (U.S. Publication No. 2021/0378411) which discloses a folding, articulating bed frame.
Harrow (U.S. Publication No. 2018/0094665) which discloses a disassembled mattress foundation being contained within a packaging box to fit on a standard sized pallet.
Gajjar (U.S. Publication No. 2019/0069683) which discloses a folding, articulating bed frame.
Bellingroth (U.S. Publication No. 2021/0022516) which discloses a folding, articulating bed frame which requires the removal of legs prior to folding.
Goldsmith (U.S. Publication No. 2016/0316919) which discloses an articulating bed frame which may be disassembled to be placed in boxes that fit on standard-sized pallets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-Th 6:30-4:30.
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/ALISON N LABARGE/Examiner, Art Unit 3673
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679