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 02/6/2026 have been fully considered but they are not persuasive. Applicant argues that the amendment “the two opposing side panels extending from the top panel assembly and terminating at the base” is sufficient for allowance. The examiner disagrees, the side panels extending from the top panel in Flora terminate at the base.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20190191889 issued to Flora in view of U.S. Publication No. 20200069067 issued to Valone.
Regarding claim 1,
Flora discloses a folding cabinet bed system, (Flora: FIG. 1 (20)) comprising: a cabinet assembly, (Flora: FIG. 1 (20)) comprising: a base (Flora: FIG. 1 (24)) supported by a plurality of legs; (Flora: FIG. 2 (190)) two opposing side panels spaced apart by a distance and secured to the base; (Flora: FIG. 3 (38,40)) a top panel assembly secured to a top of the side panels and extending between the two side panels the two opposing side panels extending from the top panel assembly and terminating at the base; (Flora: FIG. 3 (62, 60) is secured to (38, 40) the side panels (38, 40) extend and terminate at base (24))
and a front panel assembly connected to the base by one or more primary hinges, (Flora: FIG. 3 (200) is connected to (44), which is part of the base, via hinges) the front panel assembly movable between an upright closed position and an opened position, such that when in the opened position the front panel assembly is configured to be at least partially supportive of a mattress, (Flora: FIG. 3) … and a frame including: a panel body; (Flora: FIG. 3 there is a panel body) a footboard frame connected to the panel body by one or more secondary hinges; (Flora: FIG. 3 (202) connects to the mainframe via hinges) and a footboard leg extending from the footboard frame and supportive of the footboard frame when the front panel assembly is in the opened position. (Flora: FIG. 3 (220, 222))
Flora does not appear to disclose the front panel assembly, including: a top folding leg rotatably connected to the front panel assembly, the top folding leg extending from and supportive of the front panel assembly when the front panel assembly is in the opened position;
However, Valone discloses the front panel assembly, including: a top folding leg rotatably connected to the front panel assembly, the top folding leg extending from and supportive of the front panel assembly when the front panel assembly is in the opened position; (Valone: FIG. 2 (74))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Flora directed to a cabinet bed by adding legs to the front panel assembly as taught in Valone directed to a cabinet 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 providing more stability and support to the front panel when it is in the open position and better distribute the weight of users using the cabinet bed.
Regarding claim 2,
Flora in view of Valone discloses the folding cabinet bed system of claim 1, further comprising a latch assembly secured to the side panel and to the top folding leg, the latch assembly configured to retain the front panel assembly in a closed position to the side panels and to retain the top folding leg in a closed position to the front panel assembly. (Flora: [0057] “The upper cabinet 22 may include locking mechanisms 210 (also illustrated in FIG. 7), such as easy to operate latches and/or bolts such that the cabinet sides 38 and/or 40 can be securely fastened to the inside front panel 202 and/or the front cabinet panel 200. Securing the inside front panel 202 or the front cabinet panel 200 to at least one of the cabinet sides 38 and/or 40 may prevent the front cabinet panel 200 and the inside front panel 202 from falling open.” See also FIG. 3 (210))
Regarding claim 3,
Flora in view of Valone disclose the folding cabinet bed system of claim 1, wherein the base includes one of a plurality of base slats or a base panel or a plurality of panels. (Flora: FIG. 3 (44) may be interpreted as a base panel as well as (90) and (92))
Regarding claim 4, (as best understood)
Flora in view of Valone discloses the folding cabinet bed system of claim 1, wherein the front panel assembly includes a plurality of panel slats extending nonparallel to the plurality of base slats. (Valone: FIG. 2 shows slats in the front panel assembly that extend nonparallel to base slats i.e. side panels of the base. The examiner notes this claim is unclear due to the lack of antecedent basis of base slats)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Flora directed to cabinet bed by substituting slats for panels or adding slats as taught in Valone directed to a cabinet 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 preventing moisture buildup i.e. mold and improve airflow to regulate temperature in the mattresses and prevent the mattress from degrading faster.
Regarding claim 5,
Flora in view of Valone discloses the folding cabinet bed system of claim 1, further comprising a guide assembly extending between the top folding leg and a panel body of the front panel assembly to limit movement of the top folding leg relative to the panel body. (Valone: FIG. 8 see also [0039] “In some embodiments, a brace 78 is provided to lock a position of the upper front panel 74 when in the open position. As shown in FIG. 8, the brace 78 is pivotably connected to the upper front panel 74 at a first end, and engages a lock feature, such as a pin 80, at a second end of the brace. The pin 80 is secured at, for example, the face portion 68 or the frame portion 70 of the front panel assembly 18.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Flora directed to cabinet bed by adding a guide assembly to the front panel taught in Valone directed to a cabinet 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 “locking a position of the front panel when in the open position.”
Regarding claim 6,
Flora in view of Valone discloses the folding cabinet bed system of claim 5, wherein the guide assembly includes: a guide arm pivotably secured to the top folding leg, (Valone: FIG. 9 (78)) the guide arm including an arm slot extending at least partially along a length of the guide arm; (Valone: FIG. 9 ((unlabeled but present)) and a guide pin secured to the panel body and extending through the guide slot. (Valone: FIG. 9 (80))
Regarding claim 7,
Flora in view of Valone discloses the folding cabinet bed system of claim 6, wherein the guide pin includes a pin head that overlaps at least on slot edge of the guide slot. (Valone: FIG. 9 (80))
Regarding claim 8,
Flora in view of Valone discloses the folding cabinet bed system of claim 6, wherein the guide slot includes a slot recess receivable of the guide pin to lock the position of the top folding leg when the guide pin is in the slot recess. (Flora: FIG. 9 (80) gets locked in a slot recess (unlabeled))
Regarding claim 10,
Flora in view of Valone discloses the folding cabinet bed system of claim 1, wherein the top panel assembly includes: a first top panel secured to the two side panels; (Flora: FIG. 3 (64)) and a second top panel connected to the first top panel by one or more top panel hinges. (Flora: FIG. 3 (62, 240) act as hinges that secure the second top panel to the first top panel)
Regarding claim 11,
Flora in view of Valone discloses the folding cabinet bed system of claim 1, wherein the mattress is stored in the folding bed chest system when the front panel assembly is in the closed position. (Flora: FIG. 1)
Regarding claim 12,
Flora discloses a folding cabinet bed system, (Flora: FIG. 1 (20)) comprising: a cabinet assembly, (Flora: FIG. 1 (20)) comprising: a base (Flora: FIG. 1 (24)) supported by a plurality of legs; (Flora: FIG. 2 (190)) two opposing side panels spaced apart by a distance and secured to the base; (Flora: FIG. 3 (38,40)) a top panel assembly secured to a top of the side panels and extending between the two side panels the two opposing side panels extending from the top panel assembly and terminating at the base; (Flora: FIG. 3 (62, 60) is secured to (38, 40) the side panels (38, 40) extend and terminate at base (24))
and a front panel assembly connected to the base by one or more primary hinges, (Flora: FIG. 3 (200) is connected to (44), which is part of the base, via hinges) the front panel assembly movable between an upright closed position and an opened position, such that when in the opened position the front panel assembly is configured to be at least partially supportive of a mattress, (Flora: FIG. 3) … and a frame including: a main frame portion; (Flora: FIG. 3 there is a main frame portion) a footboard frame connected to the main frame by one or more secondary hinges; (Flora: FIG. 3 (202) connects to the mainframe via hinges) and a footboard leg extending from the footboard frame and supportive of the footboard frame when the front panel assembly is in the opened position. (Flora: FIG. 3 (220, 222)) and a latch assembly secured to the side panel and to the top folding leg, the latch assembly configured to retain the front panel assembly in a closed position to the side panels and to retain the top folding leg in a closed position to the front panel assembly. (Flora: [0057] “The upper cabinet 22 may include locking mechanisms 210 (also illustrated in FIG. 7), such as easy to operate latches and/or bolts such that the cabinet sides 38 and/or 40 can be securely fastened to the inside front panel 202 and/or the front cabinet panel 200. Securing the inside front panel 202 or the front cabinet panel 200 to at least one of the cabinet sides 38 and/or 40 may prevent the front cabinet panel 200 and the inside front panel 202 from falling open.” See also FIG. 3 (210))
Flora does not appear to disclose the front panel assembly, including: a top folding leg rotatably connected to the front panel assembly, the top folding leg extending from and supportive of the front panel assembly when the front panel assembly is in the opened position;
However, Valone discloses the front panel assembly, including: a top folding leg rotatably connected to the front panel assembly, the top folding leg extending from and supportive of the front panel assembly when the front panel assembly is in the opened position; (Valone: FIG. 2 (74))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Flora directed to a cabinet bed by adding legs to the front panel assembly as taught in Valone directed to a cabinet 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 providing more stability and support to the front panel when it is in the open position and better distribute the weight of users using the cabinet bed.
Regarding claim 13,
Flora in view of Valone disclose the folding cabinet bed system of claim 12, wherein the base includes one of a plurality of base slats or a base panel or a plurality of panels. (Flora: FIG. 3 (44) may be interpreted as a base panel as well as (90) and (92))
Regarding claim 14, (as best understood)
Flora in view of Valone discloses the folding cabinet bed system of claim 12, wherein the front panel assembly includes a plurality of panel slats extending nonparallel to the plurality of base slats. (Valone: FIG. 2 shows slats in the front panel assembly that extend nonparallel to base slats i.e. side panels of the base. The examiner notes this claim is unclear due to the lack of antecedent basis of base slats)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Flora directed to cabinet bed by substituting slats for panels or adding slats as taught in Valone directed to a cabinet 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 preventing moisture buildup i.e. mold and improve airflow to regulate temperature in the mattresses and prevent the mattress from degrading faster.
Regarding claim 15,
Flora in view of Valone discloses the folding cabinet bed system of claim 12, further comprising a guide assembly extending between the top folding leg and a panel body of the front panel assembly to limit movement of the top folding leg relative to the panel body. (Valone: FIG. 8 see also [0039] “In some embodiments, a brace 78 is provided to lock a position of the upper front panel 74 when in the open position. As shown in FIG. 8, the brace 78 is pivotably connected to the upper front panel 74 at a first end, and engages a lock feature, such as a pin 80, at a second end of the brace. The pin 80 is secured at, for example, the face portion 68 or the frame portion 70 of the front panel assembly 18.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Flora directed to cabinet bed by adding a guide assembly to the front panel taught in Valone directed to a cabinet 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 “locking a position of the front panel when in the open position.”
Regarding claim 16,
Flora in view of Valone discloses the folding cabinet bed system of claim 15, wherein the guide assembly includes: a guide arm pivotably secured to the top folding leg, (Valone: FIG. 9 (78)) the guide arm including an arm slot extending at least partially along a length of the guide arm; (Valone: FIG. 9 ((unlabeled but present)) and a guide pin secured to the panel body and extending through the guide slot. (Valone: FIG. 9 (80))
Regarding claim 17,
Flora in view of Valone discloses the folding cabinet bed system of claim 16, wherein the guide pin includes a pin head that overlaps at least on slot edge of the guide slot. (Valone: FIG. 9 (80))
Regarding claim 18,
Flora in view of Valone discloses the folding cabinet bed system of claim 16, wherein the guide slot includes a slot recess receivable of the guide pin to lock the position of the top folding leg when the guide pin is in the slot recess. (Flora: FIG. 9 (80) gets locked in a slot recess (unlabeled))
Regarding claim 20,
Flora in view of Valone discloses the folding cabinet bed system of claim 12 wherein the top panel assembly includes: a first top panel secured to the two side panels; (Flora: FIG. 3 (64)) and a second top panel connected to the first top panel by one or more top panel hinges. (Flora: FIG. 3 (62, 240) act as hinges that secure the second top panel to the first top panel)
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 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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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673