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 filed 8/25/2025 have been fully considered but they are not persuasive. The examiner has taken a different interpretation of the amended subject matter. The frame openings are bounded by the rigid frame members because they are created on the rigid frame members. The amendment “a finishing panel of finishing material arranged to be fully received does not appear to narrow the scope because the panel is fully received in the frame opening via fasteners.
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)(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 and 3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Publication No. 20160324326 issued to McCoy.
Regarding claim 1,
McCoy discloses a wall bed system for mounting against an upright wall of a building, (McCoy: FIG. 1) the system comprising: a wall frame assembly (McCoy: FIG. 12 (12)) arranged to be secured to the upright wall; (McCoy: FIG. 12, see also [0040]) and a door frame assembly arranged to support a mattress thereon, (McCoy: FIG. 3 (20)) the door frame assembly being arranged to be pivotally coupled to the wall frame assembly for movement between a storage position in which the door frame assembly supports the mattress to be fully enclosed in an upright orientation within the wall frame assembly and a working position in which the door frame assembly supports the mattress in a horizontal orientation for sleeping; (McCoy: FIG. 6 (14, 20) [0060] “The pivot rod 112 extends through the rod holes at the proximal end 92 of the bed frame 14 and the pivot rod holes 58 of the support plates 54. “ See also FIG. 3) the wall frame assembly comprising: (i) a header frame member arranged to be fastened onto the upright wall, (McCoy: FIG. 6 (12) is secured to a structure i.e. wall) (ii) two side frames arranged to be mounted onto opposing ends of the header frame member respectively at opposing sides of the wall frame assembly, in which the side frames substantially span a depth of the wall frame assembly protruding from the upright wall and substantially span a height of the wall frame assembly, (McCoy: FIG. 8 (28, 30)) and (iii) a top frame arranged to be mounted between the two side frames at a top of the wall frame assembly, in which the top frame substantially spans a width of the wall frame assembly between the side frames; (McCoy: FIG. 8 (24)) the door frame assembly comprising a perimeter frame spanning a width and a length of the door frame assembly; (McCoy: FIG. 6 (14)) at least one of the top frame of the wall frame assembly, the side frames of the wall frame assembly, and the perimeter frame of the door frame assembly comprising a modular frame; (McCoy: FIG. 6, (14, 12, 28, 30) may be interpreted as a modular frame) the modular frame comprising a plurality of rigid frame members surrounding one or more frame openings of the modular frame such that said at least one frame opening is bounded by the rigid frame members (McCoy: FIG. 8 (44) is surrounded by the rigid frame members (28, 30) which also bounds the frame openings (44)) and a finishing panel of finishing material arranged to be fully received within the one or more frame openings so as to be releasably mounted relative to the modular frame; (McCoy: FIG. 8 (178) is fully received within openings (44) via fasteners) wherein the finishing panel of the modular frame is readily removable while the modular frame remains in an assembled configuration relative to the wall frame assembly and the door frame assembly. (McCoy: FIG. 8 (180) is readily removable via fasteners (46) which go through holes (44))
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2,7-9, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy in view of Great Brittan Patent No. 2537396 issued to Simon.
Regarding claim 2,
McCoy discloses the system according to claim 1.
McCoy does not appear to disclose wherein perimeter edges of the finishing panel are concealed by the modular frame in a mounted position of the finishing panel on the modular frame.
However, Simon discloses wherein perimeter edges of the finishing panel are concealed by the modular frame in a mounted position of the finishing panel on the modular frame. (Simon: Abstract “Each frame member 10, 11, 12 has a longitudinal side edge which faces inwardly towards the panel area 13 and comprises a longitudinally-extending channel 101, 111, 121 in which respective side edges of a transparent front panel 16 and a back panel 17 are received” See also FIGS. 1 and 5)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify McCoy directed to a wall bed by making the finishing panels insertable into the frame as taught in Simon directed to decorative panels for a bed since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing for a cleaner finish of the bed increasing the aesthetic appearance of the bed overall.
Regarding claim 7,
McCoy discloses the system according to claim 1.
McCoy does not appear to disclose further comprising: the top frame of the wall frame assembly comprising said modular frame having (i) said plurality of rigid frame members surrounding the frame opening of the top frame and (ii) said finishing panel arranged to be received within the frame opening; the top frame further comprising a plurality of support flanges mounted on the rigid frame members to protrude into the frame opening so as to be arranged to support said finishing panel thereon at an elevational below a top of the rigid frame members such that the finishing panel is recessed below the top of the rigid frame members.
However, Simon discloses further comprising: the top frame of the wall frame assembly comprising said modular frame having (i) said plurality of rigid frame members surrounding the frame opening of the top frame and (ii) said finishing panel arranged to be received within the frame opening; the top frame further comprising a plurality of support flanges mounted on the rigid frame members to protrude into the frame opening so as to be arranged to support said finishing panel thereon at an elevational below a top of the rigid frame members such that the finishing panel is recessed below the top of the rigid frame members. (Simon: FIG. 2 (10 ) has flanges that have openings to receive (18) the examiner notes that fasteners (14) goes into the top panel (10))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify McCoy directed to a wall bed by making the finishing panels insertable into the frame as taught in Simon directed to decorative panels for a bed since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing for a cleaner finish of the bed increasing the aesthetic appearance of the bed overall.
Regarding claim 8,
McCoy in view of Simon discloses the system according to claim 7 further comprising wall fasteners apertures located in one of the rigid frame members of the top frame at a rear of the wall frame assembly arranged to receive fasteners for fastening the wall frame assembly to the upright wall of the building, the wall fastener apertures being concealed by said finishing panel in a mounted position of the finishing panel on the top frame. (Simon: page 3 lines 20-30 “The upper frame member 10 extends across the upper ends of the side frame members 12 and is held in situ by screws 14, which pass through apertures (not shown) at respective opposite ends thereof and axially into bores 15 formed in the upper ends of the respective side frame members 12.” See also FIG. 2 (14, 15))
Regarding claim 9,
McCoy in view of Simon discloses the system according to claim 7 further comprising frame fastener apertures in the rigid frame members arranged to receive fasteners for fasting the top frame to each side frame of the wall frame assembly, the frame fastener apertures being concealed by said finishing panel in a mounted position of the finishing panel on the top frame. (Simon: FIG. (14, 15) the fasteners are concealed)
Regarding claim 13,
Mccoy discloses the system according to claim 1.
McCoy does not appear to disclose wherein each side frame is arranged to be fastened to the top frame and the header frame member at a location spaced laterally inward from an exterior side surface of the side frame farthest from the other side frame.
However, Simon discloses wherein each side frame is arranged to be fastened to the top frame and the header frame member at a location spaced laterally inward from an exterior side surface of the side frame farthest from the other side frame. (Simon: page 3 lines 20-30 “The upper frame member 10 extends across the upper ends of the side frame members 12 and is held in situ by screws 14, which pass through apertures (not shown) at respective opposite ends thereof and axially into bores 15 formed in the upper ends of the respective side frame members 12.” See also FIG. 2 (14, 15))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify McCoy directed to a wall bed by making the top frame fasten to the side frames as taught in Simon directed to decorative panels for a bed since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing for a cleaner finish of the bed increasing the aesthetic appearance of the bed overall.
Regarding claim 14,
McCoy in view of Simon discloses the system according to claim 13 wherein each side frame is arranged to be fastened to the top frame (Simon: FIG. 2) and the header frame member using fasteners oriented parallel to a plane of the exterior side surface of the side frame. (McCoy: FIG. 6, if the header frame (12) is fixed to the side, then the frame mounts i.e. welds are located parallel to the exterior surface of the side frame)
Allowable Subject Matter
Claims 12 and 18 are allowed.
Claims 4-6, 10-11, 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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 C. 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.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673