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 § 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 8-11 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.
Claims 8-11, with regards to the Applicant’s recitation of the torso support being sufficiently sized and shaped, it is unclear if the Applicant is intending to positively recite the users body portions since the size and shape is based upon the portions of the user’s body thereby making the scope of the claim unascertainable.
Claim 10 recites the limitation "the level and the ceiling-facing surface". There is insufficient antecedent basis for these limitations in the claim.
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) 1-27 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. No. 2021/0307520 to Batey
Claim 1, Batey discloses a bed comprising a top sleep surface; and an overhanging portion 104 of a torso-rest (100) substantially coplanar with the top sleep surface.
Claim 2, Batey discloses the bed wherein the torso-rest is substantially contiguous with the sleep surface (fig. 1-3).
Claim 3, Batey discloses the bed wherein the torso-rest is unitary with the sleep surface (fig. 1-2).
Claim 4, Batey discloses the bed wherein the torso-rest is removably attached to the bed [0035].
Claim 5, Batey discloses the bed wherein the torso-rest is movably attached to the bed [0035].
Claim 6, Batey discloses the bed wherein a head portion 104 of the torso-rest is at least cantilevered defined by a projecting head supporting portion.
(fig. 2).
Claim 7, Batey discloses the bed wherein a lower portion of the torso-rest is non-cantilevered.
Claim 8, Batey, as best understood, discloses the bed wherein the head portion of the torso-rest is capable of supporting a part of the torso of a user of the bed.
Claim 9, Batey, as best understood, discloses the bed wherein the torso-rest is capable of flanking the torso-rest (fig. 2 & 6-7).
Claim 10, Batey, as best understood, discloses the bed wherein the torso-rest is capable of supporting upper extremities of a user below said torso-rest (fig. 2 & 6-7).
Claim 11, Batey, as best understood, discloses the bed wherein a part of a width of the torso-rest is capable of approximating a distance between the axillae of a user (fig. 7).
Claim 12, Batey discloses the torso-rest wherein the width of said torso-rest is capable of being varied (fig. 1-3).
Claim 13, Batey discloses the torso-rest wherein the length of said torso-rest is capable of being varied along a head end of the torso-rest (fig. 2-3).
Claim 14, Batey discloses the bed wherein the torso-rest 106 is capable of being placed beyond a perimeter of the sleep surface 100 (fig. 2).
Claim 15, Batey discloses the bed wherein the torso-rest lies within a perimeter of the sleep surface (fig. 3).
Claim 16, Batey discloses the bed further comprising at least one auxiliary support for supporting at least one of a user's body parts situated at least partially off of the sleep surface (fig. 6).
Claim 17, Batey discloses the bed wherein the at least one auxiliary support comprises a headrest 104.
Claim 18, Batey discloses the bed wherein at least one auxiliary support comprises an armrest defined by a hollow portion [0036].
Claims 19-20, Batey discloses the bed wherein at least on auxiliary support (106,108,114) are capable of being removably/movably attached to the bed.
Claim 21, Batey discloses the bed wherein the torso-rest is capable of supporting a part of a user's lower head (fig. 6).
Claim 23, Batey discloses the bed wherein the torso-rest and the auxiliary are capable of cooperating to reduce contact with said user's skin longitudinally above the shoulders (fig. 2 & 6-7).
Claim 24, Batey discloses a mattress comprising a section is capable of being flanked by a portion of the upper extremities of a prone user (fig. 2 & 6-7)[0040]-[0041].
Claim 25, Batey discloses a section of a sleep surface of a sleeping apparatus that protrudes sufficiently capable of supporting a portion of a torso of a prone user while permitting at least a portion of said user's upper extremities to generally flank and at least come to rest at least below the general vertical height of said section (fig. 2 & 6-7) [0040]-[0041].
Claim 26, Batey discloses a method of enhancing a sleep surface of a sleeping apparatus comprising providing the sleep surface with a section that protrudes sufficiently from the sleep surface to support at least a portion of a torso of a prone user and to at least permit at least a portion of the user's upper extremities to generally flank and at least come to rest at least below the general vertical height of said section (fig. 2 & 6-7)[0040]-[0041].
Claim 27, Batey discloses a method for improving a mattress's accommodation of a body lying prone comprising: providing a mattress with an overhanging protrusion; lying a body down with at least a portion of the torso of the body upon the protrusion; flanking the protrusion with upper extremities of the body; and permitting at least a portion of the upper extremities to rest below the level of the ceiling-facing surface of the protrusion (fig. 2 & 6-7)[0040]-[0041].
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2014/0331411 to Schultz discloses a bed having a torso supporting portion.
U.S. Pub. No. 20060137100 to Barczyk discloses a bed having a torso supporting portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3673