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 February 17th, 2026 have been entered. Claims 1-20 remain pending in the application.
Election/Restrictions
Applicant's election with traverse of species II in the reply filed on November 18th, 2025 is acknowledged. Although applicant specifies the election as “a foot plate pivotably connected to the central plate (8) without ‘a foot plate is placed pivotably about”, the restriction grounds concerns the presence of a four panel bedding arrangement and a separate three panel arrangement, effectively, applicant’s have elected Species II, while amending claim 1 to coincide the features of Species II. However, it is observed, claim 4 still introduces a 4 panel bedding arrangement, alongside seemingly claim 17 (however treated under 112b in the pertinent section herein. The traversal is on the ground(s) that the invention is a national stage PCT application . This is not found persuasive because although restriction of inventions requires a unity of invention of the analysis, a species restriction may still be applicable to the invention. Furthermore, it is considered that although applicants have amended claim 1 in an attempt to obviate the basis of restriction, it is respectfully noted that claims 4, and 17 both appear to invoke multiple/additional resting sections/panels that would appear to produce a four panel/section resting system, where four-panel articulation systems are considered outside the elected (with traverse) scope asserted by the claims. Although claim 17 is considered in the aspect of 112b.
The requirement is still deemed proper and is therefore made FINAL. Claim 4 is treated as withdrawn as being drawn to an unelected invention (a four panel bedding system). Where the features of a three panel bed would not be searched in a capacity identical to a four panel bed, and where there are distinctive features as those identified in the previous Requirement for restriction mailed November 18th, 2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "a box spring bed comprising: a bed frame with two frame side parts (6.1; 6.2) extending in a bed longitudinal axis, a head frame part and a foot frame part (6.3, 6.4) transversely extending at a head end and at a foot end, a central plate (8) extending in a lying plane between the side parts, a head plate (12) pivotably connected to the central plate (8) about a head plate pivot axis transversely extending to the bed longitudinal axis at a head end of the central plate, a foot plate (14) pivotably connected to the central plate (8) about a foot plate pivot axis transversely extending to the bed longitudinal axis at a foot end with the central plate (8), and the motorized functional fitting (2; 4) according to claim 1" must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Notably, the claim respectfully appears to produce an addition foot plate, an additional head plate, an additional head frame part, an additional foot frame part, an additional central plate, an additional lying plane, an additional box spring bed, an additional two frame side parts, an additional bed longitudinal axis, an additional head end, an additional foot end, an additional head pivot axis, an additional head plate pivot axis, an additional head end, an additional foot end; otherwise identically features already are present in claim 1 effectively verbatim, which would almost seem to suggest several features are duplicated, however, the figures do not demonstrate this construction.. The matter is further discussed in the 112b section hereafter.
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
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of implying phrases (e.g. “The Invention relates to”, the use of reference characters), purported merits (e.g. “in order to simplify the design” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 11-12, 17, 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 11, the limitation “and/or” is stated. There is confusion as to whether the claim should be treated as “and” (necessitating both), or “or (necessitating one or the other), thereby introducing a narrow and a broad limitation in the same claim to the same feature making the scope of the claim difficult to discern.. For the purposes of examination, the limitation is construed as an “or” consideration, as ‘or’ can encompass ‘and’, but ‘and’ cannot encompass ‘or’.
With regards to claim 17, as was previously cited in the Drawing section, the limitations of claim 17 note numerous introducing/establishing features (using “a” construction). However, the antecedent claim 1 that claim 17 invokes already introduces those exact features in those exact configurations. The limitation may arise to an issue of 112d as presenting no additional matter/structure into the claim. For the purposes of examination, claim 17 is construed as anticipated if claim 1 is anticipated, as effectively the limitations/scope respectfully appears to be redundant.
Claims 12 and 20 are additionally rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112 second paragraph as being dependent on a rejected antecedent claim (at least claim 11)
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) 1-3, and 4-20 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hanning et al. (U.S. Pat. No. 3921230); hereafter "Hanning".
Regarding claim 1, Hanning discloses (FIGS. 1-5) a motorized functional fitting for a box spring bed, the box spring bed comprising a bed frame with two frame side parts which extend in a bed longitudinal axis, and a head frame part and foot frame part extending in a transverse direction at a head end and foot end, a central plate which extends in a lying plane between the side parts, a head plate which is connected to the central plate at a head end of the central plate pivotably about a head plate pivot axis extending transversely with respect to the bed longitudinal axis, and a foot plate which is connected to the central plate at a foot end pivotably about a foot plate pivot axis extending transversely with respect to the bed longitudinal axis, the functional fitting comprising a longitudinal beam (9) which extends in a beam longitudinal axis and is configured for connection to the head or foot frame part of the bed frame; at least one lift-up frame (6, 7) which is articulated on the longitudinal beam (9) rotatably at a pivot point, and a linear drive (11) which is connected to the longitudinal beam (9), acts on the lift-up frame (6, 7), and converts a rotational movement of an electric motor into a translational movement of a lifting tube (12) which is received in the linear drive such that it can be moved relative to it, wherein the lifting tube (12) is connectable or connected to the lift-up frame (6, 7) rotatably in such a manner that, upon actuation of the linear drive, the lift-up frame (6, 7) can be transferred out of a lowered rest position into a lifting position which can preferably be set in an infinitely variable manner and encloses an acute angle with the longitudinal axis of the load-bearing profile (9) in order to raise or lower the head part or foot part out of and into the lying plane, wherein the longitudinal beam (9) comprises an outer (in the installed position) mounting position (16) on the front end that is configured for being attached to the head frame part or foot frame part, wherein an inner front end (lying opposite the outer end) of the longitudinal beam (10) is configured for indirect or direct fastening to the central plate or the frame side parts, wherein the linear drive is arranged laterally next to the longitudinal beam (9), wherein the lift-up frame (6, 7) is articulated on the longitudinal beam (9) rotatably at a mounting position on a lower attachment end in the installed position, and wherein the lifting tube (12) of the linear drive (11) acts on the lift-up frame (6, 7) rotatably at a pivot end which is spaced apart from the fastening end along an lift-up frame longitudinal axis.
Regarding claim 2, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 1, wherein the linear drive (11) includes a rear motor (per [2:51-54]) that engages at the outer front end of the longitudinal beam (as illustrated in FIG. 1-2) and the attachment end of the lift-up frame (6/7) at the inner front end of the longitudinal beam (as illustrated in FIG. 1-2).
Regarding claim 3, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 1, wherein the lift-up frame is configured to have a fork-shape (as illustrated in FIG. 1-2) that includes a lower arm at the attachment end that merges at a transition area (correspondent about 10; FIG. 1-2) along the lift-up frame longitudinal axis into two upper arms (7) that are transversely spaced from each other (as illustrated in FIG. 1-2), and a connecting arm (6), on which the linear drive (11) engages, extends transversely between the upper arms (as illustrated in FIG. 1-2).
Regarding claim 5, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 1, wherein the motor end of the linear drive (11) engages as low as possible on the longitudinal beam (as illustrated in FIG. 1-2) and a front end of the drive engages as far as possible vertically spaced from the attachment end of the lift-up frame (as illustrated in FIG. 1-2).
Regarding claim 6, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 1, wherein the motorized functional fitting has an adaptive configuration (as illustrated in FIG. 1-2, particularly with the adjustment means of 34 with 9a/9b; FIGS. 1-2) in order to adapt the length of the longitudinal beam to different bed lengths (as conveyed through FIG. 1-2).
Regarding claim 7, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 6, further comprising a front-end adapter (8 and 18; FIG. 1-2) for prolonging the longitudinal beam along the beam longitudinal axis (as illustrated in FIG. 1-2), and wherein the front-end adapter includes a proximal longitudinal beam attachment portion for attaching to the longitudinal beam (as illustrated in FIG. 1-2) and a distal frame attachment portion (22/16/21) for attaching to the frame (as illustrated in FIG. 1-2).
Regarding claim 8, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 7, wherein the longitudinal beam attachment portion of the front-end adapter (17/33) can be locked in different nominal positions in the longitudinal beam or in a cross beam (as illustrated in FIG. 1-2; through adjustment means 33).
Regarding claim 9, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 7, wherein the frame attachment portion comprises a supporting bracket 14/15/19/20) for attaching to an inner edge or a mounting flange (as illustrated in FIG. 1-2) for attaching to an inner side of the frame (as illustrated in FIG. 1-2).
Regarding claim 10, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 7, wherein the longitudinal beam attachment portion comprises an insertion profile (9b; FIG. 1-2) configured to be inserted into the longitudinal beam (as illustrated in FIG. 1-2) and that is displaceable relative thereto (as conveyed in FIG. 1-2, with adjustment mechanism 34).
Regarding claim 11, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 1, further comprising an attachment bracket (at 10) located on the longitudinal beam (as illustrated in FIG. 1-2) for the rotatable attachment of the lower end of the lift-up frame (as illustrated in FIG. 1-2) or of the linear drive (11), and wherein the attachment bracket (as illustrated in FIG. 1-2; to accommodate “8”))is provided with a hole or a through hole (as illustrated in FIG. 1-2 with holes).
Regarding claim 12, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 11, wherein the attachment bracket (10) is substantially U-shaped and with an inner leg (9b; as illustrated in FIG. 1-2) that can be connected in a mounting position on an inside of the longitudinal beam (as illustrated in FIG. 1-2), the inner leg to which a transverse leg (6/6a/6b) transversely extends that then merges into an outer leg having the hole (as illustrated in FIG. 1-2)
Regarding claim 13, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 1, further comprising a cross beam (6/6a/6b) that transversely extends to the longitudinal beam longitudinal axis and is located at the inner front end of the longitudinal beam (as illustrated in FIG. 1-2).
Regarding claim 14, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 13, wherein the cross beam (6/6a/6b) is configured for attaching to the lower side of the central plate (as illustrated in FIG. 1-2 and particularly FIG. 3).
Regarding claim 15, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 13, wherein the cross beam (6/6a/6b) has an adaptive design (as illustrated in FIG. 1-2, a telescoping system).
Regarding claim 16, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 15, further comprising front-end adapters (6/14) configured to be inserted into the cross beam (6/6a) for attaching to frame side parts (as illustrated in FIG. 1-2).
Regarding claim 17, Hanning discloses (FIGS. 1-5) the box spring bed comprising: a bed frame with two frame side parts extending in a bed longitudinal axis, a head frame part and a foot frame part transversely extending at a head end and at a foot end, a central plate extending in a lying plane between the side parts, a head plate pivotably connected to the central plate about a head plate pivot axis transversely extending to the bed longitudinal axis at a head end of the central plate, a foot plate pivotably connected to the central plate about a foot plate pivot axis transversely extending to the bed longitudinal axis at a foot end with the central plate, and the motorized functional fitting according to claim 1. As previously set forth in claim 1 previous with considerations as those set forth in the 112b sections, wherein the entirety of the claim appears to be a redundant with claim 1.
Regarding claim 18, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 1, wherein the lifting tube is continuously adjustable for lifting or lowering the head part or the foot part from or into the lying plane (through the adjustment means 34; FIG. 1).
Regarding claim 19, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 9, wherein the supporting bracket attaches to the inner edge of a cross beam (through 6band within 6a; FIG. 1).
Regarding claim 20, Hanning discloses (FIGS. 1-5) the motorized functional fitting according to claim 12, wherein the outer leg (6b; FIG. 1) extends parallel to the inner leg (as illustrated in FIGS. 1-2 in correspondence with inner leg 6a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited on the Notice of References Cited (PTO-892) were considered pertinent because they address the state of the art of articulated bedding assemblies, alongside attachment and retrofitting means 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 at 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
Prosecution Insights