DETAILED ACTION
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 .
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Information Disclosure Statement
The information disclosure statements filed September 3, 2024 and May 29, 2025 have been considered.
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Specification
The abstract is objected to because the phrase "reduce the risk of injury of a user the sleeping berth structure" omits a word and is grammatically incomplete. Appropriate correction is required under 37 CFR 1.72(b).
Suggested Correction: In the abstract, change "reduce the risk of injury of a user the sleeping berth structure" to "reduce the risk of injury of a user of the sleeping berth structure."
The specification is objected to because the Summary paragraph corresponding to claim 6 uses the singular noun "device" four times after the numerical adjective "two." The resulting phrases "two first fastening device" and "two second fastening device" are grammatically incorrect. Appropriate correction is required under 37 CFR 1.52(b)(1)(ii).
Suggested Correction: In the Summary paragraph corresponding to claim 6, change each of the four recited instances of "device" that follows "two first fastening" or "two second fastening" to "devices."
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Claim Objections
Claim 6 is objected to under 37 CFR 1.75(d)(1) because it uses the singular noun "device" four times after the numerical adjective "two." The phrases "two first fastening device" and "two second fastening device" are grammatically incorrect.
Suggested Correction: In claim 6, change each of the four recited instances of "device" that follows "two first fastening" or "two second fastening" to "devices."
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References Used
Reference 1 (Primary) - CN 209096725 U.
Reference 2 - CN 108819968 A.
Reference 3 - US 3,160,895.
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Claim Rejections - 35 U.S.C. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of References 2 and 3.
Claim Text
(L1) A sleeping berth structure for a vehicle sleeping compartment, comprising: (L2) a vertical post; (L3) a partition wall, extending from the vertical post; (L4) a first berth, located on a first side of the partition wall, the first berth comprising a frame and a cushion; and (L5) a first horizontal beam, located on the first side of the partition wall and extending from the vertical post perpendicular to the partition wall to support an extremity of the first berth, wherein: (L6) the frame of the first berth comprises a hollow extruded beam, and (L7) the first horizontal beam is received inside the hollow extruded beam of the frame of the first berth.
Analysis
(L1) Reference 1 teaches a concealed support arrangement for a railway sleeping berth, including berth skeleton 1, pad 2, mounting bracket 5, and frame beams, with support arm 52 received in a mounting groove of the berth frame (paragraphs 0002, 0009, 0015, 0024, 0050-0051; Figures 1-3). (L2) Reference 2 teaches vertical aluminum-section post 5 extending through the vehicle interior to receive berth loads (paragraphs 0007 and 0018; Figures 1, 2, and 4). (L3) Reference 2 teaches transverse aluminum honeycomb partition structures 4 and 6 connected to post 5 (paragraphs 0007 and 0018). (L4) Reference 1 teaches berth skeleton 1 covered by pad 2, which together provide the claimed framed and cushioned first berth (paragraphs 0009, 0011, and 0015; Figures 1-3). (L5) Reference 1 teaches installing arm 51 and support arm 52 as substantially perpendicular portions of mounting bracket 5, with support arm 52 extending into and supporting an end of the berth frame; Reference 2 places the berth support at vertical post 5 adjacent the transverse partition and expressly transfers berth load into the post (Reference 1, paragraphs 0009, 0013, 0015, and 0051; Reference 2, paragraphs 0007, 0009, and 0018). (L6) Reference 1 teaches hollow frame beams having square receiving openings, and Reference 3 teaches a bed-frame rail that is extruded or rolled, hollow, and approximately rectangular in cross-section (Reference 1, paragraphs 0024 and 0050; Reference 3, column 1, lines 43-56 and Figure 1). (L7) Reference 1 teaches support arm 52 inserted and fixed inside the receiving groove formed by the hollow berth-frame beam (paragraphs 0009, 0015, and 0050-0051; Figures 2-3).
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to mount Reference 1's concealed berth-support arm at Reference 2's vertical post beside the partition, because Reference 2 expressly uses that post to receive berth loads while also joining the transverse partition, and to form Reference 1's hollow berth-frame beam as Reference 3's known extruded hollow bed-frame rail, because extrusion predictably provides a light, stiff, repeatable rail with an internal receiving space. The predictable result is a vehicle berth whose perpendicular support transfers load to the post while remaining concealed within a hollow extruded frame member.
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Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of References 2 and 3.
Claim Text
(L1) The sleeping berth structure according to claim 1, wherein the first horizontal beam is fastened to the hollow extruded beam of the frame of the first berth with fasteners and wherein the fasteners are concealed by the cushion of the first berth.
Analysis
(L1) The claim 1 analysis is incorporated. Reference 1 additionally teaches fastening mounting bracket 5 to the berth skeleton by a fastener extending through mounting hole 53 and teaches that pad 2 covers and conceals that fastener when the cushion is installed (paragraphs 0011 and 0026; Figure 2). In the combined structure, the support arm is fastened to the hollow extruded frame rail as taught by Reference 1 and the overlying cushion conceals the fastener.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to retain Reference 1's cushion-covered screw fastening when implementing the claim 1 combination, because that fastening secures the concealed support arm to the berth frame while the already-present cushion hides the fastener from users. The predictable result is a removable, serviceable connection with no exposed fastener at the sleeping surface.
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Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of References 2 and 3.
Claim Text
(L1) The sleeping berth structure according to claim 1, wherein the first horizontal beam has a rectangular cross-section.
Analysis
(L1) The claim 1 analysis is incorporated. Reference 1 teaches that the hollow berth-frame beam has a square receiving through-hole and receives support arm 52 inside that opening (paragraphs 0050-0051; Figures 2-3). Reference 3 teaches an approximately rectangular hollow bed-frame rail and inserted rail-joining members (column 1, lines 43-56; column 2, lines 1-14; Figures 1-3). A support arm given a complementary rectangular cross-section fits the disclosed square or rectangular receiving space and resists rotation under berth load.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to give Reference 1's inserted support arm a rectangular cross-section complementary to the square receiving opening and Reference 3's rectangular hollow bed-frame rail, because matching noncircular profiles provide broad bearing surfaces and resist relative rotation. The predictable result is stable support and load distribution within the hollow berth-frame member.
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Allowable Subject Matter
Claims 4-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter: The closest located art does not teach or suggest the claim 4 subcombination in which first and second horizontal berth-support beams on opposite sides of a partition are respectively fixed to first and second mounting plates and those two beam-bearing plates are fixed together to clamp the same vertical post between them. Reference 1 conceals a support arm in a berth frame but mounts each bracket to vehicle structure independently. Reference 2 joins a berth installation part to one side of an aluminum post but does not provide opposed beam-bearing plates fixed to one another around that post. Reference 3 concerns hollow bed-frame rails and inserted connectors, not the opposed post-clamping plate assembly. The additional fastening-head, recess, blind-hole/countersink, and plate-height limitations of claims 5-9 further define that allowable subcombination.
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Conclusion
Claims 1-3 are rejected. Claims 4-9 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 6 is additionally objected to for the formal defect stated above.
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Art Considered but Not Applied
US 2020/0054134 A1 teaches a concealed wall-, post-, or partition-mounted bracket inserted into a cavity of a shelf, including a mounting plate and hidden internal engagement. It was not applied because it concerns a shelf supported from one substrate side and does not teach a railway sleeping berth, a post joined to a compartment partition, or the opposed beam-bearing mounting plates that clamp a vertical post as required by claim 4.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON C SMITH whose telephone number is (703)756-4641. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Morano can be reached at (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jason C Smith/ Primary Examiner, Art Unit 3615
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