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 .
Response to Arguments
35 USC 102 and 103
Applicant's arguments filed 31 December 2025 have been fully considered but they are not persuasive. Regarding independent claim 1, Applicant argues that the primary reference Rogers does not teach Applicant’s claimed “the leg members are each constituted of a grooved bonded material, which includes a plate-shaped grooved foam plate having locking grooves and formed with a foam body, and a grooved front board member and a grooved rear board member on a front surface and a rear surface of the grooved foam plate, respectively, the grooved front and rear members having an identical shape to the grooved foam plate, and a leg member molded resin portion covering cut ends of the grooved bonded material with a molded resin” (emphasis added) (Remarks p. 5). Examiner’s understanding of Applicant’s arguments pp. 3-8 is that Applicant’s “grooved front board member” and “grooved rear board member” are supposed to be composite materials, which is distinguished from the claimed “foam body”. Here, the key term is “board,” which Examiner interpreted under the ordinary meaning as a “a thin, flat piece of cut wood or other hard material, often used for a particular purpose” (https://dictionary.cambridge.org/us/dictionary/english/board), so Rogers’ teaching functionally fulfill that definition because the front and rear grooved board members are bonded to the foam plate through mechanical presses. Thus, Applicant’s claims at present are interpreted under the broadest reasonable interpretation and are taught by Rogers. In response to applicant's argument that that the “boards” are not taught by Rogers, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Examiner sees the differences from the prior art. Amending the claim to clarify that the leg members are composite with the front and rear boards comprised of separate materials from the foam plate would overcome the current rejections.
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.
Claim(s) 1 and 3-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20110203050 A1 to Rogers.
Re Claim 1, Rogers teaches:
An easy-assembly bed (at least [Abstract] “bed form (10) […] can be quickly assembled”) comprising: a top plate (at least Figs. 12-15 and [0043] “Deck sections (54a-54c)”.) and a leg portion (at least Fig. 7 and [0038] “a plurality of long sections (12a-12c) which engage with another plurality of shorter transverse sections (14a-14d)”), the leg portion having a plurality of leg members that are linked using notched joints (at least Figs. 1-4 and [0040] “three slots (38a-38d) which mate with the slots (26a-26c)”), wherein:
the top plate is constituted of a bonded material, which includes a plate-shaped foam plate formed with a foam body (at least [0054] “Other light weight materials could be used too, such as structural foam, other plastics, etc. Similarly the materials that comprise the base sections (12a-12c and 14a-14d), while described as being made preferably of structural foam, could be made of other recycled material such as wood, cardboard, plastic and the like”.), and a front board member and a rear board member that have an identical shape to the foam plate and that are bonded to a rear surface and a front surface of the foam plate, respectively (at least Fig. 8 element 80, the upper and lower surfaces),
and a top plate molded resin portion covering cut ends of the bonded material with a molded resin (at least Figs. 8-12 and [0043] “Cover (82) includes four (4) side-wall sections (86) and depending sections (88) which wrap around and contact the bottom surface (60a-60c) of the deck sections (54a-54c) as shown in FIG. 10. Similarly, corner tabs (84) wrap around the edge of the cardboard core (80) and the suspended portion (94) thereof wrap around and contact the bottom (60a-60c) of the deck honeycomb core (80)”.);
and the leg members are each constituted of a grooved bonded material, which includes a plate-shaped grooved foam plate having locking grooves and formed with a foam body, and a grooved front board member and a grooved rear board member on a front surface and a rear surface of the grooved foam plate, respectively, the grooved front and rear members having an identical shape to the grooved foam plate, and a leg member molded resin portion covering cut ends of the grooved bonded material with a molded resin (at least Fig. 7 and [0040] “The long and short base support sections or boards (12a-12c and 14a-14d) are preferably molded using a structural foam process and can be made from either polypropylene or high-density polyethylene thermoplastic material or other thermoplastic material. As such, it is possible to use commercially available recycled material while at the same time maintaining product strength and integrity” and [0054] “Other light weight materials could be used too, such as structural foam, other plastics, etc. Similarly the materials that comprise the base sections (12a-12c and 14a-14d), while described as being made preferably of structural foam, could be made of other recycled material such as wood, cardboard, plastic and the like”.).
Re Claim 3, Rogers teaches:
The easy-assembly bed according to claim 1, wherein the top plate molded resin portion includes an additional shape portion formed continuously on the top plate molded resin portion (at least Figs. 11-12 and [0045] “three (3) apertures each (56a-56c) as well as a side-wall section (62a-62c)”.).
Re Claim 4, Rogers teaches:
The easy-assembly bed according to claim 3, wherein the additional shape portion has a regulation shape configured to regulate both the top plate and the leg portion (at least Figs. 16-18 and [0046] “After the deck sections (54a-54c) have been placed in position, they are secured to the underlying structure by means of plastic fastener nuts (64)”.).
Re Claim 5, Rogers teaches:
The easy-assembly bed according to claim 1, wherein the top plate is constituted of a plurality of the top plates adjacent to one another (at least Figs. 12-15 and [0043] “Deck sections (54a-54c)”.).
Re Claim 6, Rogers teaches:
The easy-assembly bed according to claim 5, wherein the top plate molded resin portion includes an additional shape portion formed continuously on the top plate molded resin portion (at least Figs. 11-12 and [0045] “three (3) apertures each (56a-56c) as well as a side-wall section (62a-62c)”.).
Re Claim 7, Rogers teaches:
The easy-assembly bed according to claim 5, wherein the additional shape portion has a regulation shape configured to regulate both the top plate and the leg portion (at least Figs. 11-12 and [0045] “three (3) apertures each (56a-56c) as well as a side-wall section (62a-62c)”.).
Re Claim 8, Rogers teaches:
The easy-assembly bed according to claim 7, wherein the additional shape portion has a link shape configured to further link the top plates adjacent to each other (at least Fig. 24A).
Re Claim 9, Rogers teaches:
A multipurpose table (at least [Abstract] “bed form (10) […] can be quickly assembled”) comprising: a top plate (at least Figs. 12-15 and [0043] “Deck sections (54a-54c)”.), and a leg portion (at least Fig. 7 and [0038] “a plurality of long sections (12a-12c) which engage with another plurality of shorter transverse sections (14a-14d)”) having a plurality of leg members that are linked using notched joints (at least Figs. 1-4 and [0040] “three slots (38a-38d) which mate with the slots (26a-26c)”), wherein:
the top plate is constituted of a bonded material, which includes a plate-shaped foam plate formed with a foam body (at least [0054] “Other light weight materials could be used too, such as structural foam, other plastics, etc. Similarly the materials that comprise the base sections (12a-12c and 14a-14d), while described as being made preferably of structural foam, could be made of other recycled material such as wood, cardboard, plastic and the like”.), and a front board member and a rear board member that have an identical shape to the foam plate and that are bonded to a rear surface and a front surface of the foam plate, respectively (at least Fig. 8 element 80, the upper and lower surfaces),
and a top plate molded resin portion covering cut ends of the bonded material with a molded resin (at least Figs. 8-12 and [0043] “Cover (82) includes four (4) side-wall sections (86) and depending sections (88) which wrap around and contact the bottom surface (60a-60c) of the deck sections (54a-54c) as shown in FIG. 10. Similarly, corner tabs (84) wrap around the edge of the cardboard core (80) and the suspended portion (94) thereof wrap around and contact the bottom (60a-60c) of the deck honeycomb core (80)”.);
and the leg members are each constituted of a grooved bonded material, which includes a plate-shaped grooved foam plate having locking grooves and formed with a foam body, and a grooved front board member and a grooved rear board member on a front surface and a rear surface of the grooved foam plate, respectively, the grooved front and rear members having an identical shape to the grooved foam plate, and a leg member molded resin portion covering cut ends of the grooved bonded material with a molded resin (at least Fig. 7 and [0040] “The long and short base support sections or boards (12a-12c and 14a-14d) are preferably molded using a structural foam process and can be made from either polypropylene or high-density polyethylene thermoplastic material or other thermoplastic material. As such, it is possible to use commercially available recycled material while at the same time maintaining product strength and integrity” and [0054] “Other light weight materials could be used too, such as structural foam, other plastics, etc. Similarly the materials that comprise the base sections (12a-12c and 14a-14d), while described as being made preferably of structural foam, could be made of other recycled material such as wood, cardboard, plastic and the like”.).
Re Claim 10, Rogers teaches:
A medical transportation lightweight board (at least [Abstract] “bed form (10) […] can be quickly assembled”) comprising: a bonded material (at least [0054] “Other light weight materials could be used too, such as structural foam, other plastics, etc. Similarly the materials that comprise the base sections (12a-12c and 14a-14d), while described as being made preferably of structural foam, could be made of other recycled material such as wood, cardboard, plastic and the like”.), which includes a plate-shaped foam body (at least Figs. 12-15 and [0043] “Deck sections (54a-54c)”.), and a front board member and a rear board member that have an identical shape to the foam body and that are bonded to a rear surface and a front surface of the foam body, respectively (at least Fig. 8 element 80, the upper and lower surfaces); and a molded resin portion covering cut ends of the bonded material with a molded resin (at least Fig. 7 and [0040] “The long and short base support sections or boards (12a-12c and 14a-14d) are preferably molded using a structural foam process and can be made from either polypropylene or high-density polyethylene thermoplastic material or other thermoplastic material. As such, it is possible to use commercially available recycled material while at the same time maintaining product strength and integrity” and [0054] “Other light weight materials could be used too, such as structural foam, other plastics, etc. Similarly the materials that comprise the base sections (12a-12c and 14a-14d), while described as being made preferably of structural foam, could be made of other recycled material such as wood, cardboard, plastic and the like”.).
Re Claim 11, Rogers teaches:
The medical transportation lightweight board according to claim 10, wherein the molded resin portion includes a leg formed continuously on the molded resin portion as an additional shape portion (at least Fig. 7 and [0038] “a plurality of long sections (12a-12c) which engage with another plurality of shorter transverse sections (14a-14d)”).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers in view of US 4047254 to Hamasu.
Re Claim 2, Rogers teaches:
The easy-assembly bed according to claim 1, wherein a total specific gravity of the top plate and the leg portion (detailed with respect to claim 1).
Rogers does not explicitly teach:
is 0.6 g/cm3 or less.
However, Hamasu teaches:
is 0.6 g/cm3 or less (at least [Col. 2 lines 40-45] “foam of 0.016 in specific gravity”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bed taught by Rogers with the low specific gravity foam taught by Hamasu with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it “has restoring force against compression” (Hamasu [Col. 2 lines 40-45]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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/GEORGE SUN/Primary Examiner, Art Unit 3673