DETAILED ACTION
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 Amendment
The Amendments filed September 17th, 2025 have been entered. Claims 1-11 remain pending in the application. Applicant’s amendments to the claims have overcome each and every Abstract and Claim Objection previously set forth in the Non-Final Office Action mailed June 18th, 2025 and are hereby withdrawn in light of their correction.
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.
Claim 11 is 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.
Regarding claim 11, the limitation “the foot end edge” is recited. There is a lack of antecedent basis for the claimed term as ‘a foot end edge’ has not been previously disclosed in claim 11 or antecedent claim 5. For the purposes of examination, the limitation is construed to read as “a foot end edge”.
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.
(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) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kramer et al. (U.S. Pub. No. 20170354265).
Regarding claim 1, Kramer discloses (FIGS. 1-10), an adjustable bed frame (As illustrated in FIGS. 1-10) comprising: a base (12; FIG. 1); a slide mechanism (correspondent to 16/100 and constituents thereof, as illustrated in FIGS. 1-4) connected to the base (As illustrated in FIG. 1-7); a first frame section (20/68; FIG. 4); a second frame section (86) pivotally attached to the first frame section via at least one pivot link (as illustrated in FIG. 7), and having a head end edge (nearest first section adjacent edge, As illustrated in FIG. 1-7); a third frame section (correspondent 18; FIG. 1-7) pivotally attached to the first frame section (As illustrated in FIG. 1-7) and having a foot end edge (nearest first section adjacent edge) which is spaced from the head end edge in the longitudinal direction (As illustrated in FIG. 1-7); a member (132; FIG. 8) attached to at least one of the first frame section (through the bracket beneath 20; FIG. 8), the second frame section and the third frame section (connected indirectly thereto through 130 and 134/136/116/140; FIG. 8); and a stop connected to the base and configured to engage with the member, wherein the first frame section is engaged with the slide mechanism to allow sliding of the first frame section with respect to the base (As illustrated in FIG. 1-7, and as set forth in [0030]: “Advantageously, the motion and extension of the first portion 66 of the intermediate seat section 20 causes the head and back section 18 to slide towards the wall”), the second frame section being adjustable from a first position to a second position such that the angle of the second frame section with respect to the first frame section is adjustable while the head end edge remains substantially disposed in a single vertical plane in the first position and in the second position (As illustrated in FIG. 1 wherein the edges nearest the first section (20) are relatively in the same plane), and the member configured to engage with the stop (pivoting bracket at top end of 132; FIG. 8) during the sliding of the first frame section to assist in lifting of the third frame section (as illustrated in FIG. 8, clarified through [0030]-[0036] concerning the linkages/members and stops thereof). Where it is considered that “stop” can be understood as “a device for arresting or limiting motion” (Merriam Webster: “stop”, noun, definition 4). Wherein a bracket both arrests or limits motion in the cardinal/linear direction and furthermore arrests and limits motion to a rotational/torque or swing direction.
Regarding claim 2, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 1, and further including an actuator (120; FIG. 2) for adjusting the adjustable bed frame from the first position to the second position (as conveyed through FIGS. 1-10, clarified in [0010]: “The intermediate or seat section is configured to increase in length upon articulation of the head and back section and/or the leg and foot section from a flat position or an increase in inclination of any section. Likewise, the intermediate or seat section is configured to decrease in length upon articulation of the head and back section and/or the leg and foot section from an inclined position to a flat position or a decrease in length upon declination of any section”).
Regarding claim 3, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 2, wherein the actuator is the only actuator (as illustrated in FIGS. 1-4; [0036]: “In the above described embodiment, the single actuator will provide simultaneous tilting (inclination/declination) of the head and back section 18 and tilting of the foot and leg section 22”).
Regarding claim 4, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 1, and further including a fourth frame section (22; FIG. 1-5) connected to the third frame section (as illustrated in FIGS. 1-10) and which is pivotal with respect thereto and is configured to be raised with respect to the base (As illustrated and conveyed in FIGS. 1-10).
Regarding claim 5, Kramer discloses (FIGS. 1-10) an adjustable bed frame (As illustrated in FIGS. 1-10) comprising: a base (correspondent 12; FIG. 3) having a first side member (24; FIG. 3) and a second side member (26; FIG. 3); a first slide mechanism (correspondent 16/100 and constituent components thereof; FIGS 1-10; alongside 85; FIG. 4) connected to the first side member of the base (as illustrated between FIGS. 1-10); a second slide mechanism (correspondent the second half of 16/100 and constituent components thereof; FIGS. 1-10; alongside 85; FIG. 4) connected to the second side member of the base (as illustrated in FIGS. 1-10); a first frame section (correspondent 86; FIG. 1-10) including a first bar correspondent framework of 86; FIGS. 4) with a first end edge (nearest second frame section 20; FIG. 4), a second bar (framework of 86; FIG. 4) with a second end edge (Correspondent edge nearest second section; 20; FIG. 4), and third bar, and a fourth bar, the first bar and the second bar being parallel to each other and the third bar and the fourth bar being parallel to each other (as illustrated in FIG. 1-10), the first bar being pivotally attached to the third bar and the second bar being pivotally attached to the fourth bar (as illustrated in FIG. 1-10 as both pivoting and attached therewith); a second frame section (Correspondent element 20; FIG. 1-10) including a fifth bar (left or right bar; FIGS. 1-7) and a sixth bar (right or left bar: FIGS. 1-7) which is opposed to the fifth bar (as illustrated in FIG. 1-10); a third frame section (correspondent 18; FIG. 1-10) including a seventh bar (correspondent left 40a of section 18; as illustrated in FIGS. 4-9) and an eighth bar (correspondent right 40a of section 18; as illustrated in FIGS. 4-9) each connected to the second frame section (as illustrated connected hinged to 66 and 114; FIGS. 4-9); and a first control arm (124 correspondent to left 40a of section 18; FIGS. 1-9) connected to the base at a first pivot point (At either 114 or 131; FIG. 8) and connected to the seventh bar (as conveyed through FIGS. 4-9 in connection to the left 40a), and a second control arm (124 correspondent to rogjt40a of section 18; FIGS. 1-9) connected to the base at a second pivot point (At either 131 or 114; FIG. 8) and connected to the eighth bar (as conveyed through FIGS. 4-9 in connection to the right 40a), wherein the fifth bar is slidably engaged with the first side member of the base via the first slide mechanism and the sixth bar is slidably engaged with the second side member of the base via the second slide mechanism (as illustrated in FIG. 1-10), the first frame section being adjustable from a first position to a second position (as illustrated in FIG. 1-10 and as outlined in [0036]) such that the angle of the first bar with respect to the first side member and the angle of the second bar with respect to the second side member are adjustable while the first end edge of the first bar and the second end edge of the second bar both remain substantially disposed in a single vertical plane in the first position and in the second position (nearest the second section the height will not displace so closely to the sliding member so hinged), the third frame section being adjustable horizontally and vertically via movement of the first slide mechanism and the second slide mechanism (correspondent to 16/100; and conveyed through FIGS. 1-9, particularly FIG. 1 demonstrating sliding direction 70; further clarified in [0030]).
Regarding claim 6, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 5, and further including an actuator (120; FIGS. 1-10) for adjusting the adjustable bed frame (as illustrated in FIG. 1-10; clarified in [0031, 0036]).
Regarding claim 7, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 6, wherein the actuator is the only actuator (as set forth in [0036]).
Regarding claim 8, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 5, and further comprising a third frame section (correspondent 22; FIGS. 8 pivotally connected to the second frame section (as illustrated in FIG. 1-10).
Regarding claim 9, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 8, and further comprising a headrest section (50; FIG. 5) which is pivotally connected to and adjustable with respect to the first frame section (as illustrated in FIGS. 5, 9, and 10).
Regarding claim 10, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 1, wherein the foot end edge is liftable to a zero gravity position (as illustrated in FIG. 1, with consideration that the zero gravity position corresponds to an angle of the third frame section that is considered correspondent the lifting state of 18 in at least FIG. 1).
Regarding claim 11, Kramer discloses (FIGS. 1-10) the adjustable bed frame of Claim 5, wherein a foot end edge (correspondent either the farthest/foot end of 22/86; or the lowermost edge of the 18; FIGS. 1-9) is liftable to a zero gravity position (as illustrated in FIG. 1, with consideration that the zero gravity position corresponds to an angle of the any frame section that is considered correspondent the lifting state of 18 in at least FIG. 1).
Response to Arguments
Applicant’s arguments, see Remarks (page 7), filed September 17th, 2025, with respect to Abstract and Claim Objections have been fully considered and are persuasive. The Abstract and Claim Objections of June 18th, 2025 have been withdrawn.
Applicant's arguments filed September 17th, 2025 have been fully considered but they are not persuasive.
With regards to applicant’s allegations (Remarks: pages 7-9) concerning claims 1-4, applicant alleges that Kramer does not avail either a stop or a member to the apparatus. It is respectfully considered however by examiner that Kramer does provide a member and a stop correspondent to a broadest reasonable interpretation, where a “stop” may be understood as “a mechanism for arresting or limiting motion”, while a member may be any strut or linkage body. Wherein Kramer respectfully poses both a member through (131; FIGS. 4-8), and a stop that both arrests and limits the motion when engaging with the member and assisting and facilitating the lifting of the third frame section (correspondent 18). It is also considered that applicant does not explicitly claim what the member or stop is and further does not explicitly define what the member and stop should/must be understood as.
Therefore, examiner respectfully is not persuaded at the present time that Kramer fails to anticipate or make obvious applicant’s claimed invention.
With regards to applicant’s allegations (Remarks: pages 9-10), concerning claims 5-9, applicant alleges that Kramer does not provide a seventh and eight bar and such acting/engaging with first and second control arm respectively. It is respectfully considered however that Kramer does provide both seventh (left 40a; FIG. 2-9) and eighth bars (right 40a; FIG. 2-9) to a third frame section (correspondent 18; FIGS. 4-9), where there are provided first and second control arms (both left and right 124; FIGS. 2-9), and wherein such are connected to their own pivot points on either 114/131; FIG. 8), wherein the third frame section is adjustable both horizontally and vertically (by both a horizontal sliding correspondent 70; FIGS. 1-9), and vertically swinging upward (as conveyed in FIG. 2-9), via movement of the first and second slide mechanism (correspondent first/second halves of 16/100; FIG. 2-9).
Therefore, examiner respectfully is not persuaded at the present time that Kramer fails to anticipate or make obvious applicant’s claimed invention.
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.
The prior art previously made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke F Hall whose telephone number is (571)272-5996. The examiner can normally be reached M-F 8am-5pm.
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 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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/LUKE HALL/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673