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
Applicant’s arguments, see pages 6-7 of the remarks, filed 26 November 2025, with respect to the rejection(s) of claim(s) 1-2, 5-8, 10-15, and 17-20 under 35 U.S.C. 103 as being unpatentable over Burkholder in view of Rafieha have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
However, upon further consideration, a new ground(s) of rejection is made in view of Burkholder in view of Rafieha and further in view of Jackson.
Claim Objections
Claim 11 is objected to because of the following informalities: In claim 11, lines 12-13, the phrase “one of the plurality of panels with outer surface comprises is a headboard side panel” should be changed to read - - one of the plurality of panels with outer surfaces comprises a headboard side panel - -. 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 1-2 and 5-20 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.
Claims 1 and 10 include the limitation “device holder/charger.” It is unclear whether the forward slash between the words holder/charger means “and” or “or” and therefore it is not possible to properly determine the meets and bounds of the claims.
Claims 2 and 5-9 depend from claim 1 and are therefore rejected under 35 U.S.C. 112(b).
Claims 12-20 depend from claim 10 and are therefore rejected under 35 U.S.C. 112(b).
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.
1-2, 5-8, 10-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burkholder (US Patent No. 3,351,960) in view of Rafieha (WO 2021/155379 A1) further in view of Jackson (US PG Pub. No. 2019/0191888).
Regarding Claim 1: Burkholder discloses a convertible bed (see the bed of Burkholder – Figs. 1-5), comprising: a headboard (headboard 10 of Burkholder) comprising a back panel (see Fig. 2 of Burkholder showing arm rests 40 and 42 moved away from the headboard back panel – recesses 34 and 36 including a back panel) and a plurality of front panels (40 and 42) disposed on the back panel, the plurality of front panels including one or more movable panels (40 and 42 of Burkholder – Fig. 2), wherein each of the one or more movable panels includes an inner surface (the inner surfaces being shown facing upward in Fig. 2 and labels 40 and 42 pointing to the inner surfaces) and is movable between a closed position in which the inner surface is opposite a portion of the back panel (as shown in Fig. 1 of Burkholder) and an open position in which the inner surface extends away from the portion of the back panel (see Fig. 2 showing an open position of the panels 40 and 42); […] and a first configuration of the headboard is defined by all of the one or more movable panels being in the closed position (as shown in Fig. 1 of Burkholder); wherein the headboard has a substantially uniform configuration in the first configuration (as shown in Fig. 1 of Burkholder), and the headboard comprises a headboard side panel (see annotated copy of Fig. 2 of Burkholder).
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Burkholder does not disclose one or more electrical functional features disposed on the inner surface of a movable panel of the one or more movable panels, wherein the one or more electrical functional features are concealed against the back panel when the movable panel is in the closed position and visible when the movable panel is in the open position, and a device holder/charger is provided in the headboard side panel, the device/holder charger comprising an opening configured to receive a device therein and charge the device.
In the same field of endeavor, furniture (see the abstract of Rafieha), Rafieha teaches and one or more electrical functional features (control panel 206, audio control buttons, Bluetooth® connection, speakers, USB port 230, auxiliary port 232 and wireless charger – see paragraphs [0044] and [0046] of Rafieha) disposed on the inner surface of a movable panel (armrest 204a of Rafieha – Fig.8) of the one or more movable panels, wherein […] one or more electrical functional features are concealed against the back panel when the movable panel is in the closed position (see paragraph [0042] of Rafieha which teaches that the armrest 204a can be rotated up and moved into the armrest cavity 209 to conceal the hub) and visible when the movable panel is in the open position (see the down position of Fig. 8 of Rafieha where the electrical functional features are shown).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Burkholder (headrest with movable armrests) and Rafieha (entertainment system for armrests) with a reasonable expectation of success by including an entertainment system on the armrests of Burkholder. One having ordinary skill in the art would have been motivated to make such a combination because the entertainment hub provides a sleek, aesthetic and easy to use mechanisms for interfacing with remote devices (see paragraph [0005] of Rafieha).
Burkholder and Rafieha do not disclose or make obvious a device holder/charger is provided in the headboard side panel, the device/holder charger comprising an opening configured to receive a device therein and charge the device.
However, in the same field of endeavor, headboards (see the abstract of Jackson), Jackson teaches a headboard comprising a headboard side panel (lateral sides 24 or 26 of Jackson) a device holder/charger is provided in the headboard side panel (USB ports 70 and 72 of Jackson considered a holder/charger), the device/holder charger comprising an opening (opening portion of a USB port) configured to receive a device therein and charge the device (via the connection of a device with an integrated USB enabling both holding and charging with the USB port – see for example the handheld device of US PG. Pub. 2015/0176782 to McLennan et al. which is not relied on for the rejection of claim 1 but provides an example of a device which is both maintained within the opening of a USB port and charges with the opening of the USB port).
One having ordinary skill in the art before the effective filing date of the claimed invention, would have found it obvious to combine Burkholder (headrest with movable armrests), Rafieha (entertainment system for armrests) and Jackson (USB port) with a reasonable expectation of success by including a USB port in the side of the headboard of Burkholder as modified by Rafieha. One having ordinary skill in the art would have been motivated to make such a combination because the inputs enable charging of connected electronic devices (see paragraph [0030] of Jackson).
Regarding Claim 2: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 1, wherein a second configuration of the headboard is defined by at least one of the one or more movable panels being in the open positions (see Fig. 8 of Rafieha).
Regarding Claim 5: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 1, wherein the movable panel comprises an armrest (see Fig. 8 of Rafieha).
Regarding Claim 6: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 5, wherein the armrest includes at least one of a cup holder (see recess 56 as described in Col. 3, lines 39-46 of Burkholder which teaches the recess being used for cups), a support base (the surface of the armrests can be considered a support base as could the recessed area 66 of Burkholder – Fig. 2), and a wireless charging surface (control panel 206, audio control buttons, Bluetooth® connection, speakers, USB port 230, auxiliary port 232 and wireless charger – see paragraphs [0044] and [0046] of Rafieha).
Regarding Claim 7: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 1, wherein the one or more electrical functional features include at least one of a speaker, a light, a controller for controlling furniture functions, a wireless charger (control panel 206, audio control buttons, Bluetooth® connection, speakers, USB port 230, auxiliary port 232 and wireless charger – see paragraphs [0044] and [0046] of Rafieha), and a projector.
Regarding Claim 8: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 1, further comprising a sideboard (side board 14 of Burkholder), and at least one electrical connector or non-electrical connector positioned on one or both of the headboard (see at least 28 or 68 of Burkholder – both being considered a non-electric connector) and the sideboard.
Regarding Claim 10: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 1, further comprising one or more of: an ambient lighting source, a motion sensor operative to control the ambient lighting source, a multifunctional supporting leg (clamp 28 of Burkholder considered a multifunctional supporting leg since a clamp can be used to fasten to multiple structures), and a power button.
Regarding Claim 11: Burkholder discloses a convertible bed (see the bed of Burkholder – Figs. 1-5), comprising: a headboard (headboard 10 of Burkholder) comprising a plurality of panels (including panels 40, 42 of Burkholder) with outer surfaces (see annotated copy of Fig. 1 of Burkholder), wherein one or more of the panels of the plurality of panels are movable panels with inner surfaces (see annotated copy of Fig. 2 of Burkholder); […] wherein the outer surfaces of the plurality of panels form a repeating pattern of one or more shapes in one or more directions across the headboard when viewed in a direction substantially orthogonal to a surface of the headboard (see Fig. 1 of Burkholder); and the movable panel is movable between a closed position (see Fig. 1 of Burkholder) […] and an open position (see Fig. 2 of Burkholder) [….].
Burkholder does not disclose one or more electrical functional features disposed on the inner surface of a movable panel of the one or more movable panels, in which the one or more electrical functional features are concealed, in which the one or more electrical functional features are exposed, and one of the plurality of panels with outer surface comprises is a headboard side panel; and a device holder/charger is provided in the headboard side panel, the device/holder charger comprising an opening configured to receive a device therein and charge the device.
In the same field of endeavor, furniture (see the abstract of Rafieha), Rafieha teaches and one or more electrical functional features (control panel 206, audio control buttons, Bluetooth® connection, speakers, USB port 230, auxiliary port 232 and wireless charger – see paragraphs [0044] and [0046] of Rafieha) disposed on the inner surface of a movable panel (armrest 204a of Rafieha – Fig.8) of the one or more movable panels, wherein […] one or more electrical functional features are concealed against the back panel when the movable panel is in the closed position (see paragraph [0042] of Rafieha which teaches that the armrest 204a can be rotated up and moved into the armrest cavity 209 to conceal the hub) and visible when the movable panel is in the open position (see the down position of Fig. 8 of Rafieha where the electrical functional features are shown) one of the plurality of panels with outer surface comprises is a headboard side panel (see annotated copy of Fig. 2 of Burkholder).
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One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Burkholder (headrest with movable armrests) and Rafieha (entertainment system for armrests) with a reasonable expectation of success by including an entertainment system on the armrests of Burkholder. One having ordinary skill in the art would have been motivated to make such a combination because the entertainment hub provides a sleek, aesthetic and easy to use mechanisms for interfacing with remote devices (see paragraph [0005] of Rafieha).
Burkholder and Rafieha do not disclose or make obvious and a device holder/charger is provided in the headboard side panel, the device/holder charger comprising an opening configured to receive a device therein and charge the device.
However, in the same field of endeavor, headboards (see the abstract of Jackson), Jackson teaches a headboard comprising a headboard side panel (lateral sides 24 or 26 of Jackson) a device holder/charger is provided in the headboard side panel (USB ports 70 and 72 of Jackson considered a holder/charger), the device/holder charger comprising an opening (opening portion of a USB port) configured to receive a device therein and charge the device (via the connection of a device with an integrated USB enabling both holding and charging with the USB port; see for example the device of McLennan et al. as discussed in the rejection of claim 1 above as an Example of what a device might look like).
One having ordinary skill in the art before the effective filing date of the claimed invention, would have found it obvious to combine Burkholder (headrest with movable armrests), Rafieha (entertainment system for armrests) and Jackson (USB port) with a reasonable expectation of success by including a USB port in the side of the headboard of Burkholder as modified by Rafieha. One having ordinary skill in the art would have been motivated to make such a combination because the inputs enable charging of connected electronic devices (see paragraph [0030] of Jackson).
Regarding Claim 12: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 11, wherein each panel of the plurality of panels has an identical size in a first direction across the headboard (see the armrest panels 40 and 42 of Burkholder having identical sizes).
Regarding Claim 13 Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 11, wherein the repeating pattern of one or more shapes is a repeating pattern of identical shapes (see Fig. 1 and 2 of Burkholder).
Regarding Claim 14: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 11, wherein the one or more electrical functional features include at least one of a speaker, a light, a controller for controlling furniture functions, a wireless charger (control panel 206, audio control buttons, Bluetooth® connection, speakers, USB port 230, auxiliary port 232 and wireless charger – see paragraphs [0044] and [0046] of Rafieha), and a projector.
Regarding Claim 15: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 11, further comprising a sideboard (rail 14 of Burkholder), and at least one electrical connector or non-electrical connector (see at least 28 or 68 of Burkholder – both being considered a non-electric connector) positioned on one or both of the headboard (via the connection with the arm rests 42 and 40 of Burkholder) and the sideboard.
Regarding Claim 17: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 11, further comprising one or more of: an ambient lighting source, a motion sensor operative to control the ambient lighting source, a multifunctional supporting leg (clamp 28 of Burkholder considered a multifunctional supporting leg since a clamp can be used to fasten to multiple structures) and a power button.
Regarding Claim 18: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 11, wherein the movable panel forms an armrest when in the open position (see Fig. 2 of Burkholder).
Regarding Claim 19: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 18, wherein the armrest includes at least one of a cup holder (see recess 56 as described in Col. 3, lines 39-46 of Burkholder which teaches the recess being used for cups), a support base (the surface of the armrests can be considered a support base as could the recessed area 66 of Burkholder – Fig. 2), and a wireless charging surface (control panel 206, audio control buttons, Bluetooth® connection, speakers, USB port 230, auxiliary port 232 and wireless charger – see paragraphs [0044] and [0046] of Rafieha).
Regarding Claim 20: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 11, wherein the outer surface of a first moveable panel of the plurality of panels is identical to the outer surface of a second moveable panel of the plurality of panels (see Fig. 1 and 2 of Burkholder – compare the armrest panels).
Claim(s) 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burkholder (US Patent No. 3,351,960) in view of Rafieha (WO 2021/155379 A1) in view of Jackson (US PG Pub. No. 2019/0191888) further in view of Catchings (US PG Pub. No. 2015/0001359).
Regarding Claim 9: Burkholder, Rafieha and Jackson make obvious the convertible bed of claim 1, wherein the at least one electrical connector or non-electrical connector comprises at least one of a USB connector (see paragraph [0034] of Rafieha which teaches a “hardwire port 108 (e.g. USB port”). Burkholder and Rafieha do not further teach or disclose a support base, wherein the support base is configured for removably attaching to a plurality of electrical and non-electrical accessories, wherein the electrical accessories include a device holder, a device charger, a lamp, a reading light, a fan, a projector, or a scent diffuser, and the non-electrical accessories include a supporting surface, cup holder, or wine glass holder.
However, in the same field of endeavor, accessories for beds (see the abstract of Catchings) Catchings teaches a connector for a bed (see paragraph [0001] of Catchings) the connector being a support base (see the flange assembly 32 of Catchings) wherein the support base is configured for removably attaching to a plurality of electrical and non-electrical accessories, wherein the electrical accessories include a device holder, a device charger, a lamp (flashlight 72 – paragraph [0050] of Catchings), a reading light, a fan, a projector, or a scent diffuser, and the non-electrical accessories include a supporting surface, cup holder (cup holder discussed in paragraph [0046] of Catchings), or wine glass holder.
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Burkholder (bed), Rafieha (entertainment system for armrests) and Catchings (accessory holder) with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make such a combination in order to enable holding a different accessory to the same or different objects with minimal number of tools (see the abstract of Catchings).
Regarding Claim 16: Burkholder and Rafieha make obvious the convertible bed of claim 15, wherein the at least one electrical connector or non-electrical connector comprises at least one of a USB connector (see paragraph [0034] of Rafieha which teaches a “hardwire port 108 (e.g. USB port”). Burkholder and Rafieha do not further teach or disclose a support base, wherein the support base is configured for removably attaching to a plurality of electrical and non-electrical accessories, wherein the electrical accessories include a device holder, a device charger, a lamp, a reading light, a fan, a projector, or a scent diffuser, and the non-electrical accessories include a supporting surface, cup holder, or wine glass holder.
However, in the same field of endeavor, accessories for beds (see the abstract of Catchings) Catchings teaches a connector for a bed (see paragraph [0001] of Catchings) the connector being a support base (see the flange assembly 32 of Catchings) wherein the support base is configured for removably attaching to a plurality of electrical and non-electrical accessories, wherein the electrical accessories include a device holder, a device charger, a lamp (flashlight 72 – paragraph [0050] of Catchings), a reading light, a fan, a projector, or a scent diffuser, and the non-electrical accessories include a supporting surface, cup holder (cup holder discussed in paragraph [0046] of Catchings), or wine glass holder.
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Burkholder (bed), Rafieha (entertainment system for armrests) and Catchings (accessory holder) with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make such a combination in order to enable holding a different accessory to the same or different objects with minimal number of tools (see the abstract of Catchings).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG Pub. 2015/0176782 to McLennan et al. is cited for teaching a device with an integral USB connector for charging.
US PG Pub. 2011/0030142 to Karwal et al. is cited for teaching a headboard with an opening for storage.
US Patent No. 2,492,430 to Koch is cited for teaching a headboard with folding hidden storage.
FR 2998461 to Bontempi teaches shelves on sides of the headboard capable of receiving devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA L BAILEY whose telephone number is (571)272-8476. The examiner can normally be reached M-F 7:30 AM-4:30 PM.
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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.
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/AMANDA L BAILEY/Examiner, Art Unit 3673