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 .
Claim Objections
Claims 1 and 4 are objected to because of the following informalities:
In claim 1, line 3, “a plurality of a support member” should read “a plurality of support members”.
In claim 4, lines 6-7, “a lower edge of second plate part” should read “a lower edge of the second plate part”.
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 4, 5, and 7 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 4, line 3, the first plate part is described as being “connected to the top end of the side wall of the concave part”. In claim 2, the flange is also described as being “connected to a top end of a side wall of the concave part.” It is not clear if the first plate part and the flange are the same structure or two distinct structures both connected at the same spot to the concave part. For examination purposes, it is assumed the flange and the first plate part are the same structure. Claims 5 and 7 are additionally rejected by virtue of their dependence from claim 4.
The term “in a direction close” in claim 4 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention as a distance one person may consider “close” to the concave part would likely differ from the distance considered “close” by another person. As such, the claim is considered indefinite. Claims 5 and 7 are additionally rejected by virtue of their dependence from claim 4.
Claim 5 contains the limitation “to prevent the second plate part from overlapping with the frame”. However, claim 4, from which claim 5 depends, contains the limitation “a lower edge of second plate part overlaps the upper surface of the frame”. It is not clear how a lower edge of the second plate part can overlap with the upper surface of the frame while the second plate part as a whole can be prevented from overlapping with the frame. While claim 4 provides the limitation regarding the second plate part overlapping with the frame in the alternative such that claim 5 would not contradict all embodiments of the invention of claim 4, the language of claim 5 would still be in conflict with some embodiments of the invention of claim 4 and is therefore considered indefinite.
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 1-4, 6-11, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Polevoy (U.S. Publication No. 2015/0208811), hereinafter referred to as Polevoy ‘811, where Polevoy ‘811 incorporates U.S. Publication No. 2010/0242171, hereinafter Polevoy ‘171 by reference in its entirety and is additionally being cited in the rejections of claims 10, 16, and 18, below.
Regarding claim 1, Polevoy ‘811 (U.S. Publication No. 2015/0208811) discloses a bed frame support structure 10, comprising:(a) a frame 12, 28, 34 (frame component 22 being defined by only the short bed rail 22 located on the opposite end of the long bed rails 12 from foot member 32, Figure 1) comprising one or more openings 30; and (b) a plurality of a support member 22 connected to the frame 12, 34 (Figure 1, support members 22 being defined by the center and foot end support members 22), wherein the support member 22 comprises at least two convex parts 44 and a concave part 46 (see annotated Figure 4, below), wherein the concave part 46 comprises a plug-in part 48 and is located between two adjacent convex parts (see annotated Figure 4, below), wherein a movement of the concave part 46 is restricted within the one or more openings 30, and wherein the plug-in part 48 of the concave part 46 is inserted into the one or more openings 30 corresponding to the plug-in part (Figures 1-3, paragraphs 0034-0035, and see annotated Figure 4, below).
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Regarding claim 2, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses wherein the convex part comprises a flange 44 (see annotated Figure 4, above), wherein the flange 44 is connected to a top end of a side wall of the concave part, and at least part of the flange overlaps the frame (at the upper surface 58, see Figure 2 and annotated Figure 4, above).
Regarding claim 3, Polevoy ‘811 discloses the subject matter as discussed above with regard to claims 1 and 2. Polevoy ‘811 further discloses wherein the flange 44 of at least one of the convex parts 44 is in the shape of a straight plate (see annotated Figure 4, above, where the flange comprises the top of the convex part).
Regarding claim 4, Polevoy ‘811 discloses the subject matter as discussed above with regard to claims 1 and 2. Polevoy ‘811 further discloses wherein the convex part 44 further comprises a first plate part 44 and a second plate part 44 (see annotated Figure 4, above, each disposed on opposite sides of the concave part 46), wherein the first plate part is connected to the top end of the side wall of the concave part 46 (see annotated Figure 4, above), wherein the second plate part 44 is connected to the first plate part and extends in a direction close to the concave part 46, and wherein an inner surface of the first plate part 44 overlaps the upper surface 58 of the frame, or a lower edge of second plate part 44 overlaps the upper surface 60 of the frame (see Figures 3-5 and annotated Figure 2, above).
Regarding claim 6, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses a step surface formed on the upper surface 58 of the frame, wherein the step surface comprises a first transverse surface and a second transverse surface that are connected by a vertical surface (see annotated Figure 1, below, first surface being defined by the top surface of rail 12, the vertical surface being defined by the vertical surface of the side rail 12, and the second surface being defined by the top surface of 28 through which cavity 30 extends), wherein the first transverse surface is located above the second transverse surface, and wherein the first transverse surface is not lower than the outer surface of the first plate part 44, and the lower edge of the second plate part 44 is in contact with the second transverse surface 58 (see annotated Figure 4, above and annotated Figure 1, below).
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Regarding claim 7, Polevoy ‘811 discloses the subject matter as discussed above with regard to claims 1, 2, and 4. Polevoy ‘811 further discloses wherein the second plate part 44 is provided with a folded edge (see annotated Figure 4, above), and the angle formed between the folded edge and the second plate part 44 is about 0 degrees to about 90 degrees (see annotated Figure 4, above).
Regarding claim 8, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses a connecter 58 comprising an insertion part 60 and an overlapping part 58, wherein the insertion part is limited in the opening 30 of the frame and is provided with an insertion space (Figure 2 and see annotated Figure 4, above), and at least part of the concave part 46 is limited to the insertion space (see annotated Figure 4, above), wherein the overlapping part 58 is connected to the insertion part 60 and in contact with the outer surface of the frame 28 (Figures 1-3 and see annotated Figure 4, above), and at least part of the convex part 44 overlaps with the outer surface of the frame through the overlapping part 58 (see annotated Figure 4, above and Figures 6A-C).
Regarding claim 9, Polevoy ‘811 discloses the subject matter as discussed above with regard to claims 1 and 8. Polevoy ‘811 further discloses wherein the insertion part 60 is provided with a limiting protrusion 62, which abuts against the inner wall of the frame 28 (Figures 2-4).
Regarding claim 10, Polevoy ‘811 discloses the subject matter as discussed above with regard to claims 1 and 8. Polevoy ‘811 further discloses wherein the connecter 58 is made of plastic (see paragraphs 0009, 0013, and 0079-0083 of Polevoy ‘171 incorporated by Polevoy ‘811 by reference in its entirety in Polevoy ‘811 paragraph 0031 for its disclosure regarding the cross members and associated receivers).
Regarding claim 11, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses wherein the support member 22 has a long strip structure (Figure 1), and the concave part 46 is integrally formed with two adjacent convex parts 44 (paragraph 0034 and see annotated Figure 4, above).
Regarding claim 15, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses wherein the frame 12, 28, 34 is a rectangular frame comprising two opposite long bed rails 12 and two opposite short bed rails 22 and 34 (short bed rail 22 being defined by only the short bed rail 22 located on the opposite end of the long bed rails 12 from foot member 32, Figure 1), wherein the one or more openings 30 are provided on the upper surface and inner side of the long bed rails 12, and at least part of the convex part 44 overlaps the long bed rails 12 (Figures 1-3 and see annotated Figure 4, above); or wherein the one or more openings are provided on the upper surface and inner side of the short bed rails, and at least part of the convex part overlaps the short bed rails.
Regarding claim 16, Polevoy ‘811 discloses the subject matter as discussed above with regard to claims 1 and 15. Polevoy ‘811 further discloses wherein the long bed rails 12 have a curved plate-like structure comprising a first side plate (defined by the vertical wall of side rail 12, see annotated Figure 1, above), a second side plate (defined by the interior side wall of cavity 30, see annotated Figure 1, below), and a bottom connecting plate located between the first side plate and the second side plate (see annotated Figure 1, below), and the one or more openings 30 are formed between the first side plate and the second side plate (see annotated Figure 1, ), and an edge of the second side plate 62 corresponding to the plug-in part is inserted below into the plug-in part 48 (see annotated Figure 1, below also see Polevoy ‘171, incorporated by reference in its entirety by Polevoy ‘811, Figures 31-32 which show the cavity and interlocking plug in part in further detail); or wherein the short bed rails have a curved plate-like structure comprising a first side plate, a second side plate, and a bottom connecting plate located between the first side plate and the second side plate, and the one or more openings are formed between the first side plate and the second side plate, and an edge of the second side plate corresponding to the plug-in part is inserted into the plug-in part.
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Regarding claim 17, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses wherein the support member comprises three convex parts 44 (see Figure 2, where two convex parts 44 are provided on each end of the support member, extending past the plug-in part and an additional two convex parts extending between the plug-in parts on each end and the central plug-in part 38).
Regarding claim 18, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses wherein the plug-in part is a slot (see annotated Figure 4, above), and an edge of the one or more openings corresponding to the slot is inserted into the slot (see annotated Figure 4, above, and Figures 1-2 where opening 30 has protrusions on the side walls which interlock with the slot, also see U.S. Publication No. 2010/0242171, incorporated by reference in its entirety by Polevoy ‘811, Figures 31-32 which show the slot in further detail).
Regarding claim 19, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses a bed frame 10, characterized by comprising the bed frame support structure according to claim 1 (Figure 1 and see discussion of claim 1, above).
Regarding claim 20, Polevoy ‘811 discloses the subject matter as discussed above with regard to claims 1 and 19. Polevoy ‘811 further discloses a bed 10, characterized by comprising the bed frame 10 according to claim 19(Figure 1, paragraphs 0012-0013 and see discussion of claim 1, above).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Polevoy ‘811 in view of Gerig (U.S. Publication No. 2019/0099006).
Regarding claim 5, Polevoy ‘811 discloses the subject matter as discussed above with regard to claims 1, 2, and 4. Polevoy ‘811 does not disclose avoidance notches at both ends of the outermost convex part to prevent the second plate part from overlapping with the frame.
Gerig teaches avoidance notches 120 at both ends of the outermost convex part 22 to prevent the second plate part 118 from overlapping with the frame 20 (Figures 1, 4, and 5 and paragraph 0060).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Polyvoy ‘811 with Gerig (both being directed to bed frames) and arrived at avoidance notches at both ends of the outermost convex part. One of ordinary skill in the art would have been motivated to do so because the avoidance notches of Gerig help to hold the slats in place relative to the frame (paragraph 0052).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Polevoy ‘811 in view of Polevoy ‘415 (U.S. Publication No. 2025/0255415), hereinafter referred to as Polevoy ‘415.
Regarding claim 12, Polevoy ‘811 discloses the subject matter as discussed above with regard to claim 1. Polevoy ‘811 further discloses wherein the concave part 46 comprises a bottom plate, side walls connected to both sides of the bottom plate (see annotated Figure 2, below). Polevoy ‘811 does not disclose the plug-in part comprising a first hole part and a second hole part, wherein the first hole part is provided on the bottom plate, and the second hole part is provided on the side wall, and the first hole part is connected with the second hole part.
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Polevoy ‘415 (U.S. Publication No. 2025/0255415) teaches the plug-in part 68 comprising a first hole part 82 and a second hole part 78, wherein the first hole part 82 is provided on the bottom plate, and the second hole part 78 is provided on the side wall, and the first hole part 82 is connected with the second hole part 78 (Figures 5-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Polevoy ‘811 with Polevoy ‘415 (both being directed to bed frames) such that the plug-in part comprises a first hole part on the plate connected with a second hole part on the side wall. One of ordinary skill in the art would have been motivated to do so because the hole parts of Polevoy ‘415 allow for the height of the bed frame to be adjusted (paragraphs 0001-0004 and 0036 and Figures 5-6).
Regarding claim 13, Polevoy ‘811, as modified, discloses the subject matter as discussed above with regard to claims 1 and 12. Polevoy ‘811, as modified, further discloses wherein the second hole part 78 is a notch, and at least part of a width of the notch is equal to a width of the first hole part (see Polevoy ‘415, Figures 3-5 where the notch 78 is as wide as the plug in part 68, such that a part of a width of the notch is as wide as a width of the hole 82, which is less wide than the plug in part 68), or the width of the notch gradually decreases from one end of the notch toward the other end of the first hole part.
Regarding claim 14, Polevoy ‘811, as modified, discloses the subject matter as discussed above with regard to claims 1 and 12. Polevoy ‘811, as modified, further discloses wherein the side wall (of hole part 78) is perpendicular to the bottom plate, or an angle between the side wall and the bottom plate is an obtuse angle (see Polevoy ‘415 where the sidewalls of hole part 78 are obtuse relative to the flat bottom of the plug-in part 68).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen (U.S. Publication No. 2022/0053941) which discloses a bed frame comprising end connectors with concave and convex parts.
Schuman (U.S. Patent No. 6,941,596) which discloses a bed frame comprising support members with a concave and convex part.
Ofusa (Patent Publication No. JP H07222651 A) which discloses which discloses a bed frame comprising side rails with concave and convex parts.
Takeuchi (Patent Publication No. JP H0521754 U) which discloses which discloses a bed frame comprising side rails with concave and convex parts.
Matsumoto (Patent Publication No. JP 2022027209 A) which discloses a bed frame comprising support members with concave and convex parts.
Obitts (U.S. Publication No. 2016/0029794) which discloses a bed frame comprising support members with concave and convex parts.
Gloger (U.S. Patent No. 5,070,556) which discloses a bed frame comprising support members and side rails with concave and convex parts.
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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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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/ALISON N LABARGE/Examiner, Art Unit 3673
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679