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 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) 1-4 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 8607380 issued to Chang.
Regarding claim 1,
Chang discloses an adjustable bed frame comprising: a plurality of support beams arranged in parallel relation to each other and each including a first side opposite a second side, a first longitudinal axis therebetween, and a top edge opposite a bottom edge, the first longitudinal axis arranged parallel to a width of a mattress when installed, the top edge including a plurality of slots equally spaced along the first longitudinal axis of the plurality of support beams, (Chang: FIG. 2 (14) has slots (34) to receive slats (12)) and wherein a width of the adjustable bed frame is adjustable by adjusting a position of each of the plurality of support beams relative to each other in a parallel direction, between an aligned position and varying degrees of a generally staggered position; (Chang: FIG. 2 (14) is capable of being adjusted in a staggered position if desired) and a plurality of slats arranged in parallel relation to each other and arranged perpendicularly to the first longitudinal axis of each of the plurality of support beams and parallel to a length of the mattress when installed, the plurality of slats together defining a support surface for the mattress and each including a first end opposite a second end, a second longitudinal axis therebetween, and a top side opposite a bottom side, the bottom side of each of the plurality of slats including a plurality of corresponding slots, and wherein each of the plurality of slots on each of the plurality of support beams are configured for connection with one of the plurality of corresponding slots. (Chang: FIG. 2 (12) has slots (28) that correspond with slots (28))
Regarding claim 2,
Chang discloses the adjustable bed frame of claim 1, wherein the plurality of parallel supports beams includes four parallel support beams, wherein a first pair of the plurality of support beams are arranged at a foot of the mattress when installed, and wherein a second pair of the plurality of support beams are arranged at a head of the mattress when installed. (Chang: FIG. 2 (14))
Regarding claim 3,
Chang discloses the adjustable bed frame of claim 2, wherein the plurality of corresponding slots includes four corresponding slots, wherein a first pair of the plurality of corresponding slots are arranged at the first end of each of the plurality of slats, and wherein a second pair of the plurality of corresponding slots are arranged at the second end of each of the plurality of slats. (Chang: FIG. 2 (12))
Regarding claim 4,
Chang discloses the adjustable bed frame of claim 3, wherein the plurality of slots includes between ten and twelve slots. (Chang: FIG. 3)
Regarding claim 20,
Chang discloses a method of assembling an adjustable bed frame, the method comprising the steps of: providing the adjustable bed frame, (Chang: FIG. 2) the adjustable bed frame including: a plurality of support beams each including a first side opposite a second side, a first longitudinal axis therebetween, and a top edge opposite a bottom edge, the top edge including a plurality of slots equally spaced across the first longitudinal axis of the plurality of support beams, (Chang: FIG. 2 (14)) and wherein a width of the adjustable bed frame is adjustable by adjusting a position of each of the plurality of support beams relative to each other in a parallel direction, between an aligned position and varying degrees of a generally staggered position; (Chang: FIG. 2 the examiner notes that the device of Chang is capable of being used in this manner since it has the same corresponding structure.) and a plurality of slats each including a first end opposite a second end, a second longitudinal axis therebetween, and a top side opposite a bottom side, the bottom side of each of the plurality of slats including a plurality of corresponding slots, and wherein each of the plurality of slots on each of the plurality of support beams are configured for connection with one of the plurality of corresponding slots; positioning the plurality of support beams in parallel relation to each other, with the bottom edge contacting a floor surface and the top edge facing up; (Chang: FIG. 2 (12) has gaps between the slats (unlabeled) and slots (28) that correspond to slots (34) of beams (14)) adjusting a position of the plurality of support beams relative to each other based on a desired width of the adjustable bed frame; (Chang: FIG. 2 the examiner notes that the device of Chang is capable of being used in this manner since it has the same corresponding structure) attaching each of the plurality of slats perpendicularly across the first longitudinal axis of each of the plurality of support beams, in parallel relation to each other, via the plurality of slots and the plurality of corresponding slots; and installing a mattress over the plurality of slats such that the width of the mattress is parallel to the first longitudinal axis of the plurality of support beams and the length of the mattress is parallel to the second longitudinal axis of the plurality of slats. (Chang: FIG. 2)
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) 5-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang.
Regarding claim 5,
Chang discloses the adjustable bed frame of claim 4.
Chang does not appear to disclose wherein the width of the adjustable bed frame is generally equal to a width of a standard twin-size bed when the plurality of support beams are in the aligned position.
However, the federal circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Syst., Inc., 725 F .2d 1338, 220 USPQ 777 (Fed. Cir. 1984) In this instant case, the prior art can be modified so that it fits a standard twin size bed if desired see specifically col. 2 lines 54-56 “Referring to FIGS. 3 and 4, respectively, runners 12 and slats 14 can be made in any size, depending on the desired size of the lightweight bed assembly.”
Regarding claim 6,
Chang discloses the adjustable bed frame of claim 5, wherein the width of the adjustable bed frame is generally equal to a width of a standard double-size bed when the plurality of support beams are in a first generally staggered position. (Chang: FIG. 2, the examiner notes that the structure of Chang is the same as the invention therefore it is capable of performing this feature if desired.)
Regarding claim 7,
Chang discloses the adjustable bed frame of claim 6, wherein the width of the adjustable bed frame is generally equal to a width of a standard queen-size bed when the plurality of support beams are in a second generally staggered position. (Chang: FIG. 2, the examiner notes that the structure of Chang is the same as the invention therefore it is capable of performing this feature if desired.)
Regarding claim 8,
Chang discloses the adjustable bed frame of claim 7, wherein the width of the adjustable bed frame is generally equal to a width of a standard king-size bed when the plurality of support beams are in a third generally staggered position. (Chang: FIG. 2, the examiner notes that the structure of Chang is the same as the invention therefore it is capable of performing this feature if desired.)
Regarding claim 9,
Chang discloses the adjustable bed frame of claim 8, wherein the plurality of slats includes ten slats when the plurality of support beams are in the aligned position, and wherein all ten slats connect to all of the plurality of support beams. (Chang: FIG. 8 shows 10 slats)
Regarding claim 10,
Chang discloses the adjustable bed frame of claim 9.
Chang does not appear to disclose wherein the plurality of slats includes fourteen slats when the plurality of support beams are in the first generally staggered position, and wherein six of the fourteen slats connect to all of the plurality of support beams at a center of the adjustable bed frame.
However, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) In this instant case duplication of the slats for the purpose of creating a stronger support surface for the mattress is not patentable over the prior art which suggests using more slats if desired when viewings FIGS. 2 and 8.
Regarding claim 11,
Chang discloses the adjustable bed frame of claim 10.
Chang does not appear to disclose wherein the plurality of slats includes sixteen slats when the plurality of support beams are in the second generally staggered position, and wherein eight of the fourteen slats connect to all of the plurality of support beams at the center of the adjustable bed frame.
However, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) In this instant case duplication of the slats for the purpose of creating a stronger support surface for the mattress is not patentable over the prior art which suggests using more slats if desired when viewings FIGS. 2 and 8.
Regarding claim 12,
Chang discloses the adjustable bed frame of claim 11.
Chang does not appear to disclose wherein the plurality of slats includes twenty slats when the plurality of support beams are in the third generally staggered position, and wherein four of the twenty slats connect to all of the plurality of support beams at the center of the adjustable bed frame.
However, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) In this instant case duplication of the slats for the purpose of creating a stronger support surface for the mattress is not patentable over the prior art which suggests using more slats if desired when viewings FIGS. 2 and 8.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of U.S. Publication No. 20190150625 issued to Lee.
Regarding claim 13,
Chang discloses the adjustable bed frame of claim 12.
Chang does not appear to disclose wherein a space is defined between the adjustable bed frame and a floor surface on which the adjustable bed frame is installed, and wherein the adjustable bed frame further comprises at least one storage bin sized for storage in the space.
However, Lee discloses wherein a space is defined between the adjustable bed frame and a floor surface on which the adjustable bed frame is installed, and wherein the adjustable bed frame further comprises at least one storage bin sized for storage in the space.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Chang directed to a bed frame by increasing/decreasing the space between the slats and placing a storage between as taught in Lee directed to a bed frame 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 storage of items under a bed in an organized manner.
Regarding claim 14,
Chang in view of Lee discloses the adjustable bed frame of claim 13, wherein the plurality of slats are equally spaced across the first longitudinal axis of each of the plurality of support beams with a gap defined between each adjacent parallel slat, and wherein each gap allows for air circulation through the adjustable bed frame. (Chang: FIG. 2, there is a gap between each slat that is placed)
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of U.S. Publication No. 20110203050 issued to Rogers.
Regarding claim 16,
Chang discloses an adjustable bed frame comprising: a set of four support beams support beams arranged in parallel relation to each other and each including a first side opposite a second side, a first longitudinal axis therebetween arranged parallel to a width of a mattress when installed, a top edge opposite a bottom edge, (Chang: FIG. 2 (14)) … a first pair of the set of four support beams arranged at a foot of the mattress when installed, a second pair of the set of four support beams arranged at a head of the mattress when installed, the top edge including a plurality of slots equally spaced across the first longitudinal axis of each of the set of four support beams, (Chang: FIG. 2 (14) see (34)) and wherein a width of the adjustable bed frame is adjustable by adjusting a position of each of the set of four support beams relative to each other in a parallel direction, between an aligned position and varying degrees of a generally staggered position; (Chang: FIG. 2 the examiner notes that the device of Chang is capable of being used in this manner since it has the same corresponding structure.) and a plurality of slats arranged in parallel relation to each other and spaced equally apart with a gap defined between each adjacent parallel slat, the plurality of slats arranged perpendicularly to the first longitudinal axis of each of the set of four support beams and parallel to a length of the mattress when installed, the plurality of slats together defining a support surface for the mattress and each including a first end opposite a second end, a second longitudinal axis therebetween, and a top side opposite a bottom side, the bottom side of each of the plurality of slats including a set of four corresponding slots, (Chang: FIG. 2 (12) has gaps between the slats (unlabeled) and slots (28) that correspond to slots (34) of beams (14)) a first pair of the set of four corresponding slots arranged at the first end of each of the plurality of slats and a second pair of set of four corresponding slots arranged at the second end of each of the plurality of slats, wherein each of the plurality of slots on the first pair of support beams are configured to connect with at least a portion of the first pair of corresponding slots, and wherein each of the plurality of slots on the second pair of support beams are configured to connect with at least a portion of the second pair of corresponding slots; and wherein each gap between the plurality of slats, and the at least one opening in each of the set of four support beams, allows for air circulation through the adjustable bed frame. (Chang: FIG. 2 shows how the slots interconnect with one another and the gaps that allow for air circulation. The examiner notes that Chang in view of Rogers discloses the air circulation through the frame.)
Chang does not appear to disclose and at least one opening.
Rogers discloses and at least one opening, (Rogers: FIG. 1 (12a, 12b, 13c) have at least one opening (24a, 24b, 24c))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Chang directed to a bed foundation by adding openings as taught in Rogers directed to a bed foundation. A person having ordinary skill in the art would have been motivated to make this modification in order to reduce the weight of the bed. (Rogers: [0038])
Regarding claim 17,
Chang in view of Rogers discloses the adjustable bed frame of claim 16, wherein the width of the adjustable bed frame is generally equal to a width of a standard twin-size bed when the plurality of support beams are in the aligned position; wherein the width of the adjustable bed frame is generally equal to a width of a standard double-size bed when the plurality of support beams are in a first generally staggered position; wherein the width adjustable bed frame is generally equal to a width of a standard queen- size bed when the plurality of support beams are in a second generally staggered position; and wherein the width adjustable bed frame is generally equal to a width of a standard king- size bed when the plurality of support beams are in a third generally staggered position. (Chang: FIG. 2, the examiner notes that the structure of Chang is the same as the invention therefore it is capable of performing this feature if desired.)
Regarding claim 18,
Chang in view of Rogers discloses the adjustable bed frame of claim 17.
Chang in view of Rogers does not appear to disclose wherein the plurality of slats includes ten slats when the plurality of support beams are in the aligned position and wherein all ten slats connect to all of the plurality of support beams; wherein the plurality of slats includes fourteen slats when the plurality of support beams are in the first generally staggered position, and wherein six of the fourteen slats connect to all of the plurality of support beams at a center of the adjustable bed frame; wherein the plurality of slats includes sixteen slats when the plurality of support beams are in the second generally staggered position, and wherein eight of the fourteen slats connect to all of the plurality of support beams at the center of the adjustable bed frame; and wherein the plurality of slats includes twenty slats when the plurality of support beams are in the third generally staggered position, and wherein four of the twenty slats connect to all of the plurality of support beams at the center of the adjustable bed frame.
However, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) In this instant case duplication of the slats for the purpose of creating a stronger support surface for the mattress is not patentable over the prior art which suggests using more slats if desired when viewings FIGS. 2 and 8.
Claim(s) 15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of U.S. Publication No. 20110203050 issued to Rogers further in view of U.S. Publication No. 20190150625 issued to Lee..
Regarding claim 15,
Chang in view of Lee discloses the adjustable bed frame of claim 14.
Chang does not appear to disclose wherein the plurality of support beams each include at least one opening, and wherein the at least one opening further allows for air circulation through the adjustable bed frame.
Rogers discloses and at least one opening, (Rogers: FIG. 1 (12a, 12b, 13c) have at least one opening (24a, 24b, 24c))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Chang directed to a bed foundation by adding openings as taught in Rogers directed to a bed foundation. A person having ordinary skill in the art would have been motivated to make this modification in order to reduce the weight of the bed. (Rogers: [0038])
Regarding claim 19,
Chang in view of Rogers discloses the adjustable bed frame of claim 18.
Chang in view of Rogers does not appear to disclose wherein a space is defined between the adjustable bed frame and a floor surface on which the adjustable bed frame is installed, and wherein the adjustable bed frame further comprises at least one storage bin sized for storage in the space.
However, Lee discloses wherein a space is defined between the adjustable bed frame and a floor surface on which the adjustable bed frame is installed, and wherein the adjustable bed frame further comprises at least one storage bin sized for storage in the space.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Chang directed to a bed frame by increasing/decreasing the space between the slats and placing a storage between as taught in Lee directed to a bed frame 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 storage of items under a bed in an organized manner.
Conclusion
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.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673