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 .
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.
Claim(s) 1, 3, 9-14, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20110247144 A1 to Oh.
Re Claim 1, Oh teaches:
An adjustable bed assembly (at least [Title] “Self-adjusting Mattress With Balancing Bars And An Integrated Movement Mechanism”) comprising:
a base frame (at least Figs. 2A-B element 34); an articulating mattress support movably coupled to the base frame, the articulating mattress support configured to move relative to the base frame between a first position (at least Fig. 2B and [0036] “Self-adjusting mattress 20 has a support member 21 that is integrated into the mattress. Mattress 20 can adjust itself from a flat configuration”) and a second position, the second position being elevated relative to the first position (at least Fig. 2A and [0037] “mattress 20 in one predetermined inclined configuration that would be comfortable for reading or watching television. Support member 21 includes an upper section 22, a middle section 23, a lower section 24 and a foot section 25”);
a first linkage coupled to the articulating mattress support for rotation relative thereto (at least Figs. 2-5 element 45 and [0042] “link bar 45”);
a support attachment coupled to the first linkage (at least Figs. 2-5 element 25 and [0042] “foot section 25”); and
a second linkage coupled to the first linkage and to the base frame to maintain a level orientation of the support attachment relative to the base frame as the articulating mattress support moves between the first position and the second position (at least Figs. 2-5 element 24 and [0042] “lower section 24”).
Re Claim 3, Oh teaches:
The adjustable bed assembly of claim 1, wherein the first position is a flat position for supporting a user in a fully-reclined posture (at least Fig. 2B and [0036] “Mattress 20 can adjust itself from a flat configuration”); and wherein the second position is an elevated position for supporting the user in a sitting posture (at least Fig. 2A and [0037] “mattress 20 in one predetermined inclined configuration that would be comfortable for reading or watching television”).
Re Claim 9, Oh teaches:
The adjustable bed assembly of claim 1, wherein the support attachment is movable between a first orientation and a second orientation (at least Figs. 2-5 and [0042] “Link bar 45 is pivotally attached”).
Re Claim 10, Oh teaches:
The adjustable bed assembly of claim 9, wherein the first orientation is a use orientation where the support attachment extends substantially parallel to the base frame (at least Fig. 2B and [0036] “Mattress 20 can adjust itself from a flat configuration”), and wherein the second orientation is a retracted orientation (at least Fig. 2A and [0037] “mattress 20 in one predetermined inclined configuration that would be comfortable for reading or watching television”).
Re Claim 11, Oh teaches:
The adjustable bed assembly of claim 10, wherein the support attachment is movable between the first orientation and the second orientation via rotation (at least Figs. 2-5 and [0042] “Link bar 45 is pivotally attached”).
Re Claim 12, Oh teaches:
The adjustable bed assembly of claim 11, wherein the retracted orientation is at least 90° away from the use orientation (at least Figs. 2A-B and [0042] “Link bar 45 is pivotally attached”).
Re Claim 13, Oh teaches:
The adjustable bed assembly of claim 12, wherein the support attachment is rotatable in a range of up to 270° (at least Figs. 2A-B and [0042] “Link bar 45 is pivotally attached”).
Re Claim 14, Oh teaches:
A support attachment assembly for an adjustable bed (at least [Title] “Self-adjusting Mattress With Balancing Bars And An Integrated Movement Mechanism”), the support attachment assembly comprising:
a support attachment (at least Figs. 2-5 element 25 and [0042] “foot section 25”); a first linkage coupled to the support attachment and configured for attachment to an articulating mattress support (at least Figs. 2-5 element 45 and [0042] “link bar 45”) movable between a first position (at least Fig. 2B and [0036] “Mattress 20 can adjust itself from a flat configuration”) and a second position (at least Fig. 2A and [0037] “mattress 20 in one predetermined inclined configuration that would be comfortable for reading or watching television”);
a second linkage pivotably coupled to the first linkage and configured for coupling with a bed frame (at least Figs. 2-5 element 24 and [0042] “lower section 24”); and the first linkage and the second linkage arranged to maintain the support attachment in a level orientation as the articulating mattress support moves between the first position and the second position (at least Fig. 2A and [0037] “mattress 20 in one predetermined inclined configuration that would be comfortable for reading or watching television. Support member 21 includes an upper section 22, a middle section 23, a lower section 24 and a foot section 25”).
Re Claim 16, Oh teaches:
The support attachment assembly of claim 15, wherein the support attachment is movable between a first orientation and a second orientation via rotation (at least Figs. 2-5 and [0042] “Link bar 45 is pivotally attached”).
Re Claim 17, Oh teaches:
The support attachment assembly of claim 14, wherein the support attachment is removably coupled to the first linkage via a bayonet-style mount (at least Figs. 2-5 and [0042] “Link bar 45 is pivotally attached to the longitudinal bar of lower section 24 by a bolt 48”).
Allowable Subject Matter
Claims 2, 4-8, 15, and 18-20 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.
The following is a statement of reasons for the indication of allowable subject matter: Examiner notes that US 20110247144 A1 to Oh, US 20150305510 A1 to Tarplee, and US 20080262657 A1 to Howell are particularly relevant. Regarding claims 2, 4, 7, and 15 and their dependents, the primary reference Oh does not teach Applicant’s claimed “support attachment comprises one of a tabletop, a storage bin, or a combination thereof”. In other words, Applicant’s claimed invention is directed towards Applicant’s Fig. 2 where the support attachment 12 is also a tabletop 30. Oh does not teach this because Oh does not have side attachments to the bed. Further, Applicant’s claimed torsion bar and linear actuator are not taught by Applicant’s claimed configuration because even though Tarplee teaches a linear actuator 90 in Fig. 3 and rotating axles (as well as Oh Fig. 5), they are not in Applicant’s claimed configuration with the support attachment. Howell suffers from a similar deficiency. There is no teaching, suggestion, or motivation in the prior art to result in Applicant’s claimed structure. The dependent claims are objected to for similar reasons due to their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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/GEORGE SUN/ Primary Examiner, Art Unit 3673