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 4-15 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.
Claim 4 recites the limitation "first bearing surface" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it is assumed claim 4 was intended to depend from claim 2 which introduces a first bearing surface. Claims 5-15 are additionally rejected by virtue of their dependence from claim 4.
Regarding claims 12-13, it is not clear if the first slot, introduced in claim 12, and the second slot, introduced in claim 13, are the same as or comprise a part of the first and second slotted guide systems, introduced in claim 11. For examination purposes, it is assumed the first and second slotted guide systems comprise the first and second slots. Claims 14-15 are additionally rejected by virtue of their dependence from claim 13.
Claims 14 and 15 recite the limitation “the first and second slots” in line 1 of each claim. However, claims 14 and 15 both depend from claim 13, which then depends on claim 11. However, the first slot is introduced in claim 12. As such, there is insufficient antecedent basis for the first slot in these claims. For examination purposes, it is assumed claim 13 was intended to depend from claim 12, such that claims 14 and 15 are dependent from both claims 12 and 13, which would provide antecedent basis for both the first and second slots.
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.
Claims 1-6 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bergman (U.S. Publication No. 2017/0143572).
Regarding claim 1, Bergman (U.S. Publication No. 2017/043572) discloses a connector 200 to connect a first part 104 to a rectangular tube or rectangular beam 102 (Figure 1 and paragraph 0021), the connector 200 comprising: first and second receiving elements 220 and 230 that form a receptacle for the rectangular tube or rectangular beam 102 (Figures 1-3 and paragraph 0024), the first and second receiving elements 220 and 230 being moveable relative to one another between a first position in which the rectangular tube or rectangular beam 102 is clampable between the first and second receiving elements 220 and 230 in the receptacle (see Figure 6) and a second position in which the rectangular tube or rectangular beam 102 can be introduced into or released from the receptacle (see Figure 5 and paragraphs 0026-0027); and a guide 228 and 232 predefining a direction during movement of the first and second receiving elements 220 and 230 from the first position into the second position and vice versa (Figures 3-6 and paragraph 0024).
Regarding claim 2, Bergman discloses the subject matter as discussed above with regard to claim 1. Bergman further discloses wherein each of the first and second receiving elements 220 and 230 has a first bearing surface (see annotated Figure 6, below), the first bearing surface of the first receiving element 220 and the first bearing surface of the second receiving element 230 forming two mutually opposing sides of the receptacle (see annotated Figure 6, below).
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Regarding claim 3, Bergman discloses the subject matter as discussed above with regard to claims 1-2. Bergman further discloses wherein, in the first position (shown in Figure 6), the first bearing surfaces of the first and second receiving elements 220 and 230 are spaced a smaller distance apart from one another than in the second position (shown in Figure 5, see annotated Figure 6, above and paragraphs 0024-0027).
Regarding claim 4, Bergman discloses the subject matter as discussed above with regard to claims 1 and 2. Bergman further discloses wherein the first receiving element 220 has a second bearing surface that, in the first position, is perpendicular or substantially perpendicular to the first bearing surface of the first receiving element 220 (see annotated Figure 6, above, and Figures 3 and 5), and the second receiving element has a second bearing surface that, in the first position, is perpendicular or substantially perpendicular to the first bearing surface of the second receiving element 230 (see annotated Figure 6, above, and Figures 3 and 5).
Regarding claim 5, Bergman discloses the subject matter as discussed above with regard to claims 1-2 and 4. Bergman further discloses wherein the second bearing surface of the first receiving element 220 and the second bearing surface of the second receiving element 230 form two mutually opposing sections of sides of the receptacle (see annotated Figure 6, above).
Regarding claim 6, Bergman discloses the subject matter as discussed above with regard to claims 1-2 and 4-5. Bergman further discloses wherein, in the first position (shown in Figure 6), the second bearing surfaces of the first and second receiving elements are spaced a smaller distance apart from one another than in the second position (shown in Figure 5, see annotated Figure 6, above and paragraphs 0024-0027).
Regarding claim 16, Bergman discloses the subject matter as discussed above with regard to claim 1. Bergman further discloses a clamping element 212, wherein the first and second receiving elements are brought from the first position (shown in Figure 6) into the second position (shown in Figure 5) in response to actuation of the clamping element 212 (see Bergman, annotated Figure 6, above, Figures 3-5 and paragraphs 0024-0027).
Regarding claim 17, Bergman discloses the subject matter as discussed above with regard to claim 1. Bergman further discloses wherein the rectangular tube or rectangular beam 102 constitutes as least part of a side rail 102, a headboard, or a footboard of a bed (see Bergman, Figures 1-2 and paragraph 0021, where tube or beam 102 constitutes a side rail).
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.
Claims 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bergman in view of Kovacs (U.S. Publication No. 2022/0362084).
Regarding claim 7, Bergman discloses the subject matter as discussed above with regard to claims 1-2 and 4. Bergman does not disclose wherein the first receiving element has a third bearing surface that, in the first position, is perpendicular or substantially perpendicular to the first bearing surface of the first receiving element, and the second receiving element has a third bearing surface that, in the first position, is perpendicular or substantially perpendicular to the first bearing surface of the second receiving element.
Kovacs teaches wherein the first receiving element 110 has a third bearing surface 126 that, in the first position (shown in Figure 12), is perpendicular or substantially perpendicular to the first bearing surface 125 of the first receiving element 110 (Figure 12), and the second receiving element 144 has a third bearing surface (see annotated Figure 12, below) that, in the first position (shown in Figure 12), is perpendicular or substantially perpendicular to the first bearing surface 147 of the second receiving element 144 (see annotated Figure 12, below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Bergman with Kovacs (both being directed to a clamping assembly) and arrived at the first and second receiving elements each having a third bearing surface perpendicular to the first bearing surfaces of each respective receiving element. One of ordinary skill in the art would have been motivated to do so because the additional bearing surfaces of Kovacs improves positioning and grip on the upper surface of the rail to which the clamp assembly is attached (paragraph 0046).
Regarding claim 8, Bergman, as modified, discloses the subject matter as discussed above with regard to claims 1-2, 4, and 7. Bergman, as modified, further discloses wherein the third bearing surface of the first receiving element 110 and the third bearing surface of the second receiving element 144 form two mutually opposing sections of sides of the receptacle (see Kovacs, annotated Figure 12, above).
Regarding claim 9, Bergman, as modified, discloses the subject matter as discussed above with regard to claims 1-2, 4, and 7-8. Bergman, as modified, further discloses wherein, in the first position (shown in Kovacs, Figure 12), the third bearing surfaces of the first and second receiving elements 110 and 144 are spaced a smaller distance apart from one another than in the second position (shown in Kovacs, Figure 11).
Regarding claim 10, Bergman, as modified, discloses the subject matter as discussed above with regard to claims 1-2, 4, and 7. Bergman, as modified, further discloses wherein the guide 228 comprises at least one guide system 228 (see Bergman, Figures 3-6 and paragraph 0024).
Regarding claim 11, Bergman, as modified, discloses the subject matter as discussed above with regard to claims 1-2, 4, 7, and 10. Bergman, as modified, further discloses wherein the at least one guide system 228 and 232 comprises first and second slotted guide systems 228 and 232 (see Bergman, Figures 3-6 and paragraph 0024).
Regarding claim 12, Bergman, as modified, discloses the subject matter as discussed above with regard to claims 1-2, 4, 7, and 10-11. Bergman, as modified, further discloses a first sliding block 212 fastened to the second receiving element 230 (see Bergman, Figures 3-4 and paragraphs 0024-0025), wherein the first receiving element 220 has a first slot 228 (see Bergman, Figure 3, where Bergman comprises two slots), and the first sliding block 212 is arranged in the first slot 228 (see Bergman, Figure 3), the first slot being oriented such that, during a movement into the first position (shown in Bergman, Figure 6), at least the first bearing surfaces of the first and second receiving elements 220 and 230 are moved toward one another, and the second bearing surfaces of the first and second receiving elements 220 and 230 are moved toward one another (see Bergman, annotated Figure 6, above, Figures 3-5 and paragraphs 0024-0027).
Regarding claim 13, Bergman, as modified, discloses the subject matter as discussed above with regard to claims 1-2, 4, 7, and 10-11. Bergman, as modified, further discloses a second sliding block 212 fastened to the second receiving element 230, wherein the first receiving element has a second slot 228 (see Bergman, Figure 3, where Bergman comprises two slots), and the second sliding block 212 is arranged in the second slot 228, the second slot 228 being oriented such that, during a movement into the first position (shown in Bergman, Figure 6), at least the first bearing surfaces of the first and second receiving elements 220 and 230 are moved toward one another (see Bergman, annotated Figure 6, above, Figures 3-5 and paragraphs 0024-0027), and the third bearing surfaces of the first and second receiving elements 110 and 144 are moved toward one another (see Kovacs, annotated Figure 12, above and see first and second position respectively in Kovacs, Figures 12 and 11).
Regarding claim 14, Bergman, as modified, discloses the subject matter as discussed above with regard to claims 1-2, 4, 7, and 10-13. Bergman, as modified, further discloses wherein the first and second slots 228 are inclined with respect to the second and third bearing surfaces of the first receiving element 220 and extend obliquely thereto (see Bergman, annotated Figure 6, above, and Figure 2, which shows slots 228 having a countersink, which would define an inclined surface). Le Mon (U.S. Publication No. 2020/0018334)
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Danneberg (Patent Publication No. EP 3473228 A1) in view of Bergman.
Regarding claim 18, Danneberg discloses a bed 100, comprising: a rectangular tube or rectangular beam 4 (Figure 4); at least one side rail; a headboard 5; and a footboard, wherein the at least one side rail, the headboard 5, and/or the footboard are releasably fastened to the rectangular tube or rectangular beam 4 by at least one connector 20 and 30. Danneberg does not disclose a connector according to claim 1.
Bergman teaches a connector according to claim 1 (see discussion of claim 1, above).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Bergman with Kovacs (both being directed to a clamping assembly for a bed frame) and arrived at a connector according to claim 1. One of ordinary skill in the art would have been motivated to do so because doing so would merely amount to a simple substitution of one known element (the connector 20 and 30 of Danneberg) for another (the connector 200 of Bergman) that would not provide unexpected results as the clamping connector assemblies of Danneberg and Bergman are provided for substantially identical purposes of attaching objects to the side rail of a bed frame by clamping onto the side rail (see Bergman, paragraph 0021 and Figures 1-2 and Danneberg, Figures 4 and 7).
Allowable Subject Matter
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 15, Bergman, as modified, discloses the subject matter as discussed above with regard to claims 1-2, 4, 7, and 10-13. Bergman, as modified, does not disclose wherein the first and second slots are inclined in opposite directions with respect to the second and third bearing surfaces of the first receiving element. While the slots 228 of Bergman are inclined with respect to the bearing surfaces (see Bergman, annotated Figure 6, above, and Figure 2, which shows slots 228 having a countersink, which would define an inclined surface), the inclined surfaces defined by the countersinks are provided in the same direction as one another. This allows for screws 212 to be inserted into the slots 228 on the first receiving element and through the slots 232 on second receiving element 230 such that the receiving elements may be pulled up and in toward each other to clamp the side rail 102. There would be no motivation to modify Bergman such that the first and second slots are inclined in opposite directions with respect to the second and third bearing surfaces of the first receiving element. Doing so would likely prevent or make more difficult the movement of screws from moving in the same direction at the same time as each other in order to pull the receiving elements up and in toward each other. As such, there is no disclosure, teaching, or suggestion in the prior art of record such that a rejection of claim 15 may be reasonably maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Akram (U.S. Patent No. 3,009,170) which discloses a clamping bracket for a headboard.
Le Mon (U.S. Publication No. 2020/0018334) which discloses a clamping bracket comprising a lever.
Bly et al. (U.S. Publication No. 2013/0291300) which discloses a headboard bracket comprising a lever.
Rothschild (U.S. Publication No. 2012/0297538) which discloses a clamping bracket for use with a bed frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679