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 .
Status of the Application
2. Claims 1—20 have been examined in this application. This communication is the first action on merits.
Claim Rejections - 35 USC § 102
3. 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.
4. 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, 2, 4 11, 12 & 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S Patent Application 2021/0045537 A1 to Leng (Leng hereafter).
As per claim 1, Leng teaches:
A bed rail connecting assembly (1, 2, 3,4 & 5—Fig.2; para [0134]), comprising a first rail connecting piece, a second rail connecting piece (722—Fig.7; para [0146]: first and second rail connection piece), and a locking assembly (4—Fig.7; para [0142]: locking assembly), wherein the first rail connecting piece and the second rail connecting piece are rotatably connected (para [0146-147]); the locking assembly moves between a locked position and a released position (para [0260]); when the locking assembly is at the locked position, the locking assembly is configured to limit the first rail connecting piece and the second rail connecting piece to hinder relative rotation between the first rail connecting piece and the second rail connecting piece (para [100] & [0147]); and when the locking assembly moves to the released position under the action of an external force (61—Fig.5; para [0145]), the locking assembly releases the first rail connecting piece and the second rail connecting piece to allow the relative rotation between the first rail connecting piece and the second rail connecting piece (para [0147]).
As per claim 2, Leng teaches:
The bed rail connecting assembly according to claim 1, wherein the locking assembly is movably arranged on the first rail connecting piece (4—Fig.7; para [0142]); the second rail connecting piece is provided with an abutment port (715—Fig.7; para [0146]); the abutment port is arranged at one end, close to the first rail connecting piece, of the second rail connecting piece (715—Fig.7; para [0146]); when the locking assembly is at the locked position, the locking assembly abuts against the abutment port to hinder the relative rotation between the first rail connecting piece and the second rail connecting piece (715—Fig.7; para [0146]: lock assembly slides to abutment port in locked configuration); and when the locking assembly moves to the released position under the action of the external force, the locking assembly is separated from the abutment port to allow the relative rotation between the first rail connecting piece and the second rail connecting piece (4 & 715—Fig.7; para [0146]: locking assembly may slide away from abutment port in the release position).
As per claim 4, Leng teaches:
The bed rail connecting assembly according to claim 2, wherein the first rail connecting piece is provided with a cavity for movement (721, 722 & 723—Fig.7; para [0146]: first rail connecting piece provided with cavity between elements 721,722 & 723), and the locking assembly is movably arranged in the cavity for movement and moves between the locked position and the released position (para [0146]).
As per claim 11, Leng teaches:
A bed rail (1, 2, 3, 4 & 5—Fig.2; para [0134]), comprising: a first rail connecting piece, a second rail connecting piece (722—Fig.7; para [0146]: first and second rail connection piece), and a locking assembly (4—Fig.7; para [0142]: locking assembly), wherein the first rail connecting piece and the second rail connecting piece are rotatably connected (para [0146-147]); the locking assembly moves between a locked position and a released position (para [0260]); when the locking assembly is at the locked position, the locking assembly is configured to limit the first rail connecting piece and the second rail connecting piece to hinder relative rotation between the first rail connecting piece and the second rail connecting piece(para [100] & [0147]); when the locking assembly moves to the released position under the action of an external force (61—Fig.5; para [0145]), the locking assembly releases the first rail connecting piece and the second rail connecting piece to allow the relative rotation between the first rail connecting piece and the second rail connecting piece (para [0147]); a first bed rail, wherein the first bed rail is connected to one end, far from the second rail connecting piece, of the first rail connecting piece; and a second bed rail (5—Fig.2; para [0134]), wherein the second bed rail is connected to one end, far from the first rail connecting piece, of the second rail connecting piece (5—Fig.2; para [0134]).
As per claim 12, Leng teaches:
The bed rail according to claim 11, wherein the locking assembly is movably arranged on the first rail connecting piece (4—Fig.7; para [0142]); the second rail connecting piece is provided with an abutment port (715—Fig.7; para [0146]); the abutment port is arranged at one end, close to the first rail connecting piece, of the second rail connecting piece (715—Fig.7; para [0146]); when the locking assembly is at the locked position, the locking assembly abuts against the abutment port to hinder the relative rotation between the first rail connecting piece and the second rail connecting piece (715—Fig.7; para [0146]: lock assembly slides to abutment port in locked configuration); and when the locking assembly moves to the released position under the action of the external force, the locking assembly is separated from the abutment port to allow the relative rotation between the first rail connecting piece and the second rail connecting piece (4 & 715—Fig.7; para [0146]: locking assembly may slide away from abutment port in the release position).
As per claim 14, Leng teaches:
The bed rail according to claim 12, wherein the first rail connecting piece is provided with a cavity for movement (721, 722 & 723—Fig.7; para [0146]: first rail connecting piece provided with cavity between elements 721,722 & 723) , and the locking assembly is movably arranged in the cavity for movement and moves between the locked position and the released position (para [0146]).
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.
Claim(s) 3, 10, 13 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2021/0045537 A1 to Leng in view of U.S Patent Application 2006/0021137 A1 to Waldman et. al (Waldman hereafter).
As per claim 3, Leng teaches:
The bed rail connecting assembly according to claim 1, wherein the second rail connecting piece is provided with a second limiting portion (724—Fig.7; para [0146]); the first rail connecting piece is provided with a first limiting portion (724—Fig.7; para [0146]).
Leng does not teach and the first limiting portion is configured to abut against the second limiting portion to hinder the relative rotation between the first rail connecting piece and the second rail connecting piece in a first rotation direction.
Waldman teaches and the first limiting portion (220—Fig.16; para [0045-46]) is configured to abut against the second limiting portion (204—Fig.16; para [0045-46]) to hinder the relative rotation between the first rail connecting piece and the second rail connecting piece in a first rotation direction (28—Fig.16; para [0045-46]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leng (directed to a bed rail comprising a first and second rail connecting piece and a locking assembly that moves between a locked and unlocked condition) and Waldman (directed to a rail locking assembly provided with a first and second limiting portion configured to hinder relative rotation between a first and second connecting rail) and arrived at a bed rail comprising a first and second rail connecting piece and a locking assembly provided with a first and second limiting portion configured to hinder relative rotation between a first and second connecting rail. One of ordinary skill in the art would have been motivated to make such a combination to prevents connecting pieces from moving along their axes and further prevents connecting pieces from rotation about their axes as taught in Waldman (para [0045-46]).
As per claim 10, Leng teaches: The bed rail connecting assembly according to claim 4.
Leng does not teach, wherein one end, close to the second rail connecting piece, of the first rail connecting piece is an insertion slot; the insertion slot is communicated with the cavity for movement; lugs are arranged on two sides of the insertion slot; and a connecting end of the second rail connecting piece is arranged in the insertion slot and is rotatably connected to the lugs.
Waldman teaches, wherein one end, close to the second rail connecting piece (29—Fig.14; para [0046]), of the first rail connecting piece is an insertion slot (216—Fig.16: slot for element 216); the insertion slot is communicated with the cavity for movement ( 216—Fig.16: insertion slot of 216 is position in cavity of 28 for movement); lugs are arranged on two sides of the insertion slot (216—Fig.16); and a connecting end of the second rail connecting piece is arranged in the insertion slot and is rotatably connected to the lugs (para [0046]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leng (directed to a bed rail comprising a first and second rail connecting piece and a locking assembly that moves between a locked and unlocked condition) and Waldman (directed to a rail locking assembly provided with a lugs arranged on two sides of the insertion slot; and a connecting end of the second rail connecting piece is arranged in the insertion slot and is rotatably connected to the lugs) and arrived at a bed rail comprising lugs arranged on two sides of the insertion slot; and a connecting end of the second rail connecting piece is arranged in the insertion slot and is rotatably connected to the lugs. One of ordinary skill in the art would have been motivated to make such a combination to prevents connecting pieces from moving along their axes and further prevents connecting pieces from rotation about their axes as taught in Waldman (para [0045-46]).
As per claim 13, Leng teaches:
The bed rail according to claim 11, wherein the second rail connecting piece is provided with a second limiting portion (724—Fig.7; para [0146]); the first rail connecting piece is provided with a first limiting portion (724—Fig.7; para [0146]).
Leng does not teach; and the first limiting portion is configured to abut against the second limiting portion to hinder the relative rotation between the first rail connecting piece and the second rail connecting piece in a first rotation direction.
Waldman teaches: and the first limiting portion (220—Fig.16; para [0045-46]) is configured to abut against the second limiting portion (204—Fig.16; para [0045-46]) to hinder the relative rotation between the first rail connecting piece and the second rail connecting piece in a first rotation direction (28—Fig.16; para [0045-46]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leng (directed to a bed rail comprising a first and second rail connecting piece and a locking assembly that moves between a locked and unlocked condition) and Waldman (directed to a rail locking assembly provided with a first and second limiting portion configured to hinder relative rotation between a first and second connecting rail) and arrived at a bed rail comprising a first and second rail connecting piece and a locking assembly provided with a first and second limiting portion configured to hinder relative rotation between a first and second connecting rail. One of ordinary skill in the art would have been motivated to make such a combination to prevents connecting pieces from moving along their axes and further prevents connecting pieces from rotation about their axes as taught in Waldman (para [0045-46]).
As per claim 20, Leng teaches: The bed rail according to claim 14.
Leng does not teach, wherein one end, close to the second rail connecting piece, of the first rail connecting piece is an insertion slot; the insertion slot is communicated with the cavity for movement; lugs are arranged on two sides of the insertion slot; and a connecting end of the second rail connecting piece is arranged in the insertion slot and is rotatably connected to the lugs.
Waldman teaches, wherein one end, close to the second rail connecting piece (29—Fig.14; para [0046]), of the first rail connecting piece is an insertion slot (216—Fig.16: slot for element 216); the insertion slot is communicated with the cavity for movement ( 216—Fig.16: insertion slot of 216 is position in cavity of 28 for movement); lugs are arranged on two sides of the insertion slot (216—Fig.16); and a connecting end of the second rail connecting piece is arranged in the insertion slot and is rotatably connected to the lugs (para [0046]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Leng (directed to a bed rail comprising a first and second rail connecting piece and a locking assembly that moves between a locked and unlocked condition) and Waldman (directed to a rail locking assembly provided with a lugs arranged on two sides of the insertion slot; and a connecting end of the second rail connecting piece is arranged in the insertion slot and is rotatably connected to the lugs) and arrived at a bed rail comprising lugs arranged on two sides of the insertion slot; and a connecting end of the second rail connecting piece is arranged in the insertion slot and is rotatably connected to the lugs. One of ordinary skill in the art would have been motivated to make such a combination to prevents connecting pieces from moving along their axes and further prevents connecting pieces from rotation about their axes as taught in Waldman (para [0045-46]).
Allowable Subject Matter
Claim 5 & 15 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.
Claims 6—9 and 16—19 are objected to dependent upon a objected base claim.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding dependent claims 5 & 15 , the closest prior art of record U.S Patent Application 2021/0045537 A1 to Leng teaches a locking assembly provided for a bed rail assembly locking member arranged in the cavity for movement and a locked position elastic member (61—Fig.5; para [0138]). The combination structure present in claim 5 & 15 was not found in U.S. Patent Application 2021/0045537 A1 . Specifically, the limitation with respect to: “one end of the locked position elastic member is connected to an end surface, far from the second rail connecting piece, of the locking member, and the other end is connected to an inner wall of the cavity for movement; the locked position elastic member drives the locking member to move towards the locked position; when the locking assembly is at the locked position, the locked position elastic member drives the locking member to enable the locking member to abut against the abutment port; and when the locking assembly moves to the released position under the action of the external force, the locked position elastic member undergoes elastic deformation, and the locking member is separated from the abutment port.”
While locking assemblies for bed rails are known in the art further modifying the locking member elastic feature of Leng to teach the elastic member connected to an end surface of the second rail connecting piece with another end connected to an inner wall of the cavity and that drives the locking member toward an abutment port in the locked position in addition to the first and second limiting portion configure to abut one another in a locked configuration as taught by Waldman may be considered hind sight reasoning.
The teachings of U.S. Patent Application 2006/0021137 A1 to Waldman teaches an a locking assembly provided with an elastic member. However, teachings were silent with respect to “one end of the locked position elastic member is connected to an end surface, far from the second rail connecting piece, of the locking member, and the other end is connected to an inner wall of the cavity for movement; the locked position elastic member drives the locking member to move towards the locked position; when the locking assembly is at the locked position, the locked position elastic member drives the locking member to enable the locking member to abut against the abutment port; and when the locking assembly moves to the released position under the action of the external force, the locked position elastic member undergoes elastic deformation, and the locking member is separated from the abutment port”.
The teaching of U.S. Patent Application 2009/0172879 A1 to Hsu teaches a playpen provided with adjustable rails secured by a locking assembly. While Hsu may suggest a locking assembly with and elastic position (24—Fig.3; para [0025]), the teachings are silent with respect to the elastic member connected to an end surface of the second rail connecting piece with another end connected to an inner wall of the cavity and that drives the locking member toward an abutment port in the locked position. In addition further modifying Leng’s elastic member in addition to the first and second limiting portion configure to abut one another in a locked configuration as taught by Waldman may be considered hind sight reasoning. Therefor upon exhausting the art, it is concluded by the examiner for those reasons stated above that inconsideration with deficiencies of the prior art, that applicant’s invention would be considered non-obvious in light of the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S Patent 5,745,954 A to Shogan discloses A hinge positioned at the intermediate extents of the adjacent rail components to hold such components in an aligned orientation including a saddle with a central button aperture, interior plate apertures and exterior end apertures with associated rail pins for pivotally coupling the saddle and the adjacent interior ends of associated rail components, a pair of locking plates each with a plate pin coupling the upper end of each plate to a plate aperture of the saddle, each plate having an opening extending therethrough the plates urged away from each other, a liftable button with an elongated slot and with an associated button pin for slidably coupling the button to the saddle, the button having inclined bearing surfaces on their edges and an inwardly facing projection located at the adjacent interior edge of each adjacent rod segment, each projection having an upper curved surface and a lower planar surface receivable by the bearing opening.
U.S Patent Application 2018/0008056 A1 to Yang discloses a foldable enclosure apparatus having a locking device for a baby bed has a hub device, four lower assemblies, four upper assemblies, and at least one locking device. The lower assemblies are foldable and are pivotally mounted around the hub device. Each upper assembly is foldable and is mounted between two adjacent lower assemblies of the four lower assemblies. The at least one locking device is mounted with the corresponding lower assembly and the corresponding upper assembly for locking or unlocking the upper assemblies to enhance the safety of the foldable enclosure apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
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/D.T.G./Examiner, Art Unit 3673 1/23/2026
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673