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.
Claim 9 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 9 recites the limitation "and are designed to be moveable separately" in line 7. There is insufficient antecedent basis for this limitation in the claim. The examiner politely requests clarification regarding whether the “joint connectors” or “the four frame elements” are portions they are required to be “moveable separately”.
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.
Claim(s) 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomson (US6125484A) in view of Cloer (US7134154B2).
Regarding claim 9,
Thomson teaches (New) A bedstead, comprising: a base body (Thomson: FIG. 2B [Col. 8 33-37] left center rail 140 right center rail 142 flange 156); and four frame elements (Thomson: FIG. 2B [] 136 134), wherein the four frame elements are arranged in pairs on opposite sides of the base body (Thomson: FIG. 2B [Col. 9 26-28] two cross-bars on each side-rail mounted to one or two corresponding cross-bars on a parallel side-rail so that the cross-bars are parallel to each other), wherein the four frame elements each have a fastened front side (Thomson: FIG. 1F [Col. 9 36] facilitate alignment of openings through slidably retractable pin 110) and a free front side (Thomson: FIG. 2B [Col. 8 30-35] left bed frame 134 right bed frame 136), wherein the fastened front sides of the four frame elements are connected to the base body via joints (Thomson: FIG. 1F [Col. 9 36] facilitate alignment of openings through slidably retractable pin 110) and are designed to be movable separately from each other (Thomson: FIG. 2B [Col. 8 30-35] left bed frame 134 right bed frame 136… left center-rail 138 becomes a right side-rail, and the right center-rail 140 becomes a left side-rail… two side-rails as a connected pair of center-rails, the present invention provides for twice the support available from a single center-rail), wherein the four frame elements are connected and adapted to be reversibly connected to leg elements on their free front sides (Thomson: FIG. 1 [Col. 7 33-35] bed legs 120 attached along horizontal member 58), , and wherein the crossbar is mounted in a rolling manner between the two frame elements (Thomson: FIG. 1G [Col. 7 39] castor 130).
Thomson does not teach wherein two of the four frame elements are indirectly connected to each other via a movable crossbar.
Cloer teaches wherein two of the four frame elements are indirectly connected to each other via a movable crossbar (Cloer: FIG. 1 [Col. 3 65-67 Col. 4 1-5] cross-rail support system 11 for a bed frame adapted for engaging the side rails).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Thomson in view of Cloer directed to including an adjustable cross rail support system for engaging the side rails. A person having ordinary skill in the art would have been motivated to make this modification in order to provide additional support and stability for a bed frame system of adjustable sizes (Cloer: [Col. 4 5-8]).
Regarding claim 10,
Thomson teaches (New) The bedstead of claim 9.
Thomson does not teach wherein two of the four frame elements are indirectly connected to each other via at least one separate support element.
Cloer teaches wherein two of the four frame elements are indirectly connected to each other via at least one separate support element (Cloer: FIG. 1 [Col. 3 65-67 Col. 4 1-5] cross-rail support system 11 for a bed frame adapted for engaging the side rails).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Thomson in view of Cloer directed to including an adjustable cross rail support system for engaging the side rails. A person having ordinary skill in the art would have been motivated to make this modification in order to provide additional support and stability for a bed frame system of adjustable sizes (Cloer: [Col. 4 5-8]).
Regarding claim 11,
Thomson teaches (New) The bedstead of claim 9, wherein the joints are arranged on an upper side of the base body (Thomson: FIG. 1F [Col. 9 36] facilitate alignment of openings through slidably retractable pin 110).
Regarding claim 12,
Thomson teaches (New) The bedstead of claim 9, wherein the opposite sides of the base body on which the four frame elements are arranged in pairs, are long sides of the base body (Thomson: FIG. 2B [Col. 9 26-28] two cross-bars on each side-rail mounted to one or two corresponding cross-bars on a parallel side-rail so that the cross-bars are parallel to each other).
Regarding claim 13,
Thomson teaches (New) The bedstead of claim 9, wherein at least one of the four frame elements is variable in length (Thomson: FIG. 2B [Col. 8 30-35] left bed frame 134 right bed frame 136… left center-rail 138 becomes a right side-rail, and the right center-rail 140 becomes a left side-rail… two side-rails as a connected pair of center-rails, the present invention provides for twice the support available from a single center-rail).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin 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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/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
10/17/2025