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 Objections
Claim objected to because of the following informalities:
Regarding claim 1, “erecting frame” should read “erecting structure” for improved antecedent basis.
Regarding claim 2, “funcitonal” should read “functional”.
Appropriate correction is required.
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 1-20 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.
Regarding claim 1, the phrase "fork-like design" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claims 2-20 additionally rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent upon a rejected base claim (claim 1).
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) 1-12, 14-20: is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US20200022504A1) in view of Hanning (US3921230A).
Regarding claim 1,
Zhang, as modified teaches (Currently Amended)
A motorized functional fitting (10; 10'; 210; 210') for a bed base (100; 200; 200') of a box spring bed or a platform bed or for a framed slatted bed base ) (Zhang: FIG. 2 [0017] bedding structure 100), which bed base (100; 100'; 200) comprises a bed frame (50; 250; 250' (Zhang: FIG. 1 [0017] base frame 13) with at least one central plate (55) (Zhang: FIG. 1 [0018] hip support plate 331), a back support (32) (Zhang: FIG. 1 [0017] back support plate 32) articulated thereto and a head support (34) (Zhang: FIG. 1 [0017] neck support plate 31) articulated to the back support (32) (Zhang: FIG. 1 [0017] back support plate 32), or which bed base (200) or slatted bed base (200') comprises at least a frame and a back support platform (232; 232') (Zhang: FIG. 1 [0022] front lifting device 11)
articulated thereto, which back support platform is connected to a head support platform (234; 234') (Zhang: FIG. 1 [0022] front lifting device 11), with at least: an erecting structure (12; 12'; 212; 212') (Hanning: FIG. 1 [0020] first extension arm 111), which comprises at least two arms connected to one another via at least one crossbar (14; 14'; 214; 214') (Zhang: FIG. 1 [0020] first extension arm 111), and wherein two head support bearing elements (19; 19'; 219; 219') (Zhang: FIG. 1 [0021] front pin connecting member 311 is attached to the back of the neck support plate 31) are provided for the head support (32) (Zhang: FIG. 1 [0017] neck support plate 31) or the head support platform (232; 232') (Zhang: FIG. 1 [0022] front lifting device 11),
that the erecting structure (12; 12'; 212; 212') (Zhang: FIG. 1 [0021] attached to the back of the neck support plate 311) is articulated to a head support bearing element (19; 19'; 219; 219') (Zhang: FIG. 1 [0017] neck support plate 31) to be connected to the head support (34) (Zhang: FIG. 1 [0017] neck support plate 31) or the head support platform (234; 234') (Zhang: FIG. 1 [0022] front lifting device 11) via at least one head support steering lever (17; 217; 217') (Zhang: FIG. 1 [0022] front pin connecting member 311) in each case and the erecting structure (12; 12'; 212; 212') (Zhang: FIG. 1 [0021] attached to the back of the neck support plate 311) comprises at least one support element for supporting the back support (32) (Zhang: FIG. 1 [0017] back support plate 32) or the back support platform (232; 232') during erection (Zhang: FIG. 1 [0022] front lifting device 11).
Zhang does not teach a linear drive (21; 221; 221') with a lifting tube (24; 224; 224') which is articulated with one end to the erecting frame (12; 12') and can be supported with another end at a fixed point of the bed base (100; 200; 200') or of the frame (50, 50', 250; 250');
and wherein the functional fitting (10; 10'; 210; 210') comprises a longitudinal beam (11; 211; 211') which is to be arranged on a bed frame center axis and can be connected to the bed frame (50) or the frame (250, 250') and to which the erecting structure (12; 12': 212; 212') is articulated;
wherein the erecting structure (12; 12'; 212; 212') is of fork-like design and has at least one lower arm which is articulated to an erecting structure base joint (15; 215; 215') on the longitudinal beam (11, 11',
wherein the erecting structure (12; 12'; 212; 212') comprises two upper arms (13; 13'; 213) which are spaced apart from one another and are arranged at a distance from the longitudinal beam (11; 211; 211') arranged between them,
wherein the crossbar (14; 14'; 214; 214') extends above the longitudinal beam (11; 211; 211') and transversely between the lower arms and/or the upper arms (13; 13'; 213; 213') and connects them to one another,
wherein the linear drive (21; 221; 221') is articulated to the longitudinal beam (11; 211; 211') and to the erecting structure (12; 12'; 212; 212')
and, when the erecting structure (12; 12'; 212; 212') is lowered, is arranged between the longitudinal beam (11; 211; 211') and one of the upper arms (13; 213; 213') of the erecting structure (12; 12'; 212; 212'),
Hanning teaches a linear drive (21; 221; 221') (Hanning: FIG. 1 [Col. 2 53-54] motor 11) with a lifting tube (24; 224; 224') (Hanning: FIG. 1 [Col. 2 53-54] motor 11 has operating rod 12) which is articulated with one end to the erecting frame (12; 12') (Hanning: FIG. 1 [Col. 2 44] u shaped support member 5) and can be supported with another end at a fixed point of the bed base (100; 200; 200') or of the frame (50, 50', 250; 250') (Hanning: FIG. 1 [Col. 2 42] frame 1);
and wherein the functional fitting (10; 10'; 210; 210') comprises a longitudinal beam (11; 211; 211') (Hanning: FIG. 2 [Col. 2 45-46] rod 6 extending parallel to the end beams 2) which is to be arranged on a bed frame center axis and can be connected to the bed frame (50) or the frame (250, 250') and to which the erecting structure (12; 12': 212; 212') is articulated (Hanning: FIG. 1 [Col. 2 44] u shaped support member 5);
wherein the erecting structure (12; 12'; 212; 212') (Hanning: FIG. 1 [Col. 2 44] u shaped support member 5)is of fork-like design (Hanning: FIG. 2 [Col. 2 51-53] rod 6 is provided with a crank 8 and is rotatable in a fork 10 fixed to one end of a bar 9) and has at least one lower arm which is articulated to an erecting structure base joint (15; 215; 215') Hanning: FIG. 1 [Col. 2 47] arms 7) on the longitudinal beam (11, 11') (Hanning: FIG. 2 [Col. 2 45-46] rod 6 extending parallel to the end beams 2),
wherein the erecting structure (12; 12'; 212; 212') (Hanning: FIG. 1 [Col. 2 44] u shaped support member 5) comprises two upper arms (13; 13'; 213) (Hanning: FIG. 1 [Col. 2 47] arms 7) which are spaced apart from one another (Hanning: FIG. 2 [Col. 2 45-48] rod 6 extending parallel to the end beams 2 and carrying on each end a radially extending lifting arm 7) and are arranged at a distance from the longitudinal beam (11; 211; 211') (Hanning: FIG. 2 [Col. 2 45-46] rod 6 extending parallel to the end beams 2) arranged between them,
wherein the crossbar (14; 14'; 214; 214') (Hanning: FIG. 1 [Col. 2 46-47] rod 6 extends parallel to end beams 2) extends above the longitudinal beam (11; 211; 211') (Hanning: FIG. 2 [Col. 2 51-54] bar 9) and transversely between the lower arms and/or the upper arms (13; 13'; 213; 213') (Hanning: FIG. 1 [Col. 2 47] arms 7) and connects them to one another (Hanning: FIG. 2 [Col. 2 46-47] rod 6 extending parallel to the end beams 2),
wherein the linear drive (21; 221; 221') (Hanning: FIG. 1 [Col. ] motor 11 and rod 12) is articulated to the longitudinal beam (11; 211; 211') (Hanning: FIG. 2 [Col. 2 51-54] bar 9) and to the erecting structure (12; 12'; 212; 212') (Hanning: FIG. 2 [Col. ] arms 7)
and, when the erecting structure (12; 12'; 212; 212') (Hanning: FIG. 1 [Col. 2 44] u shaped support member 5) is lowered, is arranged between the longitudinal beam (11; 211; 211') (Hanning: FIG. 2 [Col. 2 45-46] rod 6 extending parallel to the end beams 2) and one of the upper arms (13; 213; 213') (Hanning: FIG. 1 [Col. 2 47] arms 7) of the erecting structure (12; 12'; 212; 212') (Hanning: FIG. 1 [Col. 2 44] u shaped support member 5).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang in view of Hanning directed to including a lifting system with two arms with branching arms and a linear actuator. A person having ordinary skill in the art would have been motivated to make this modification in order to support the lifting mechanism of a neck, back, and leg support system with actuation and an arm frame system (Hanning: [Col 2 44-57]).
Regarding claim 2,
Zhang, as modified teaches (Currently Amended) The functional fitting (10; 10'; 210; 210') according to claim 1, wherein the back support (32) (Zhang: FIG. 1 [0017] back support plate 32) or the back support platform (232; 232') (Zhang: FIG. 1 [0022] front lifting device 11) is articulated to the head support platform (234; 234') (Zhang: FIG. 1 [0022] front lifting device 11) or to the head support (32) (Zhang: FIG. 1 [0017] neck support plate 31) via a head support joint (33; 33'; 232; 232') (Zhang: FIG. 1 [0021] hinge 312)
the arms of the erecting structure (12; 12'; 212; 212') (Zhang: FIG. 1 [0020] first extension arm 111, second extension arm 112) are each connected to a head support steering lever (17; 17'; 217; 217') (Zhang: FIG. 1 [0021] second extension arm 112) via a coupling joint (17.2; 17.2'; 217.2; 217.2') (Zhang: FIG. 1 [0017] 311), which are each connected to a head support bearing element (19; 19'; 219; 219') (Zhang: FIG. 1 [0021] front pin connecting member 311) via a further coupling joint (17.1; 17.1'; 217.1; 217.1') (Zhang: FIG. 1 [0021] second bearing114).
Regarding claim 3,
Zhang, as modified teaches (Currently Amended) The functional fitting (10; 10'; 210; 210') according to claim 1, wherein the pivot angle of the steering lever (17) is limited by at least one fixed stop (16.4; 216.4)) (Zhang: FIG. 1 [0020] circular pin 1111) on an upper arm (13; 13'; 213; 213') (Zhang: FIG. 1 [0020] second extension arm 112).
Regarding claim 4,
Zhang, as modified teaches (Currently Amended) The functional fitting (10; 10'; 210; 210') according to claim 1, wherein the pivot angle of the steering lever (17) (Zhang: FIG. 1 [0020] first extension arm 111) for the head support (34) or the head support platform (34; 34') (Zhang: FIG. 1 [0017] neck support plate 31) is limited by at least one fixed stop (16.4; 216.4) (Zhang: FIG. 1 [0020] circular pin 1111) on the head support bearing element (19; 19') (Zhang: FIG. 1 [0020] second extension arm 112).
Regarding claim 5,
Zhang, as modified teaches (Currently Amended) The functional fitting (10; 10'; 10'; 210; 210') according to claim 1, wherein the support element for the back support (32) (Zhang: FIG. 1 [0017] back support plate 32) or the back support platform (232) is designed as a back support steering lever (16; 216; 216') (Zhang: FIG. 1 [0020] second extension arm 112) which is connected to an upper arm (13; 13'; 213; 213') of the erecting structure (12; 12; 212; 212') (Zhang: FIG. 1 [0021] attached to the back of the neck support plate 311) via a coupling joint (16.2;216.2; 215.2') and which is articulated to a back support bearing element (18; 18'; 218; 218') to be fixedly attached to the back support (32) or the back support platform (232) via a coupling joint (16.1; 216.1; 216.1') (Zhang: FIG. 1 [0020] first extension arm 111).
Regarding claim 6,
Zhang, as modified teaches (Currently Amended) The functional fitting (10; 10'; 10'; 210; 210') according to claim 5, wherein the pivot angle of the steering lever (16; 16'; 216; 216') for the back support (32) (Zhang: FIG. 1 [0017] back support plate 32) or the back support platform (232; 232') is limited by at least one fixed stop (16.4) of the steering lever (16, 16'; 216; 216') (Zhang: FIG. 1 [0020] circular pin 1111) supported on an upper arm (13; 13'; 213; 213') (Zhang: FIG. 1 [0020] first extension arm 111, second extension arm 112).
Regarding claim 7,
Zhang, as modified teaches (Currently Amended) The functional fitting (10; 10'; 10'; 210; 210') according to claim 6, wherein the at least one fixed stop (16.4; 216.4; 216.4') (Zhang: FIG. 1 [0020] circular pin 1111) is formed by a notch in the steering lever (16; 216; 216') (Zhang: FIG. 1 [0020] second extension arm 112).
Regarding claim 8,
Zhang, as modified teaches (Currently Amended) The functional fitting (10) for a bed base of a box spring bed according to claim 1, wherein the support element for the back support (32) is formed by at least one castor (20') which projects at least partially above the erecting structure (12') (Zhang: FIG. 2 [0024] roller 123 can slide on the roller rail 124 disposed on the back of the middle support plate 332).
Regarding claim 9,
Zhang, as modified teaches (Currently Amended) The functional fitting (10') according to claim 8, wherein at least one castor (20') includes a pair of castors (20') is arranged on each upper arm (13') (Zhang: FIG. 2 [0024] roller 123 can slide on the roller rail 124 disposed on the back of the middle support plate 332).
Regarding claim 10,
Zhang, as modified teaches (Currently Amended) A head and back support unit (30; 230; 230') for a bed base (100) of a box spring bed, which bed base (100) comprises a bed frame (50) with at least one central plate (55), or for a platform bed with a bed frame (250),with at least: the functional fitting (10; 210) according to any one of claim 1,
a back support (32) or back support platform (232; 232') which is to be connected in an articulated manner to the central plate (55) or to the bed frame (250) (Zhang: FIG. 1 [0021] back of the neck support plate 31 and the back of the back support plate 32 are connected together through a hinge 312) via a back support joint (240) (Zhang: FIG. 1 [0021] hinge 312) and to which the back support bearing element (18; 218; 218') is attached, and a head support (34) or head support platform (234; 234') (Zhang: FIG. 1 [0021] back of the neck support plate 31 and the back of the back support plate 32 are connected together through a hinge 312) articulated to the back support (32) or the back support platform (232; 232') to which the head support bearing element (19; 219; 219') is attached (Zhang: FIG. 1 [0021] front pin connecting member 311 is attached to the back of the neck support plate 31).
Regarding claim 11,
Zhang, as modified teaches (Currently Amended) The head and back support unit (30; 230; 230') according to claim 10, wherein that the head support steering lever (17; 217; 217') (Zhang: FIG. 1 [0021] second extension arm 112) is longer than the back support steering lever (16; 216; 216') (Zhang: FIG. 1 [0020] first extension arm 111) and that in the lowered resting state of the erecting structure (12; 212; 212') the distance xS measured in the longitudinal direction between the coupling joints (16.1, 17.1; 216.1; 216.1'; 217.1; 217. 1') on the head support (34) and on the back support (32) or the head support platform (234; 234') is smaller than the distance xA between the coupling joints (16.2, 17.2; 216.2; 216.2'; 217.2; 217.2') (Zhang: [0023] first extension arm 111 and the second extension arm 112 is greater than the distance from the front pin connecting member 311) on the upper arms (13; 13'; 213; 213') of the erecting structure (12; 212; 212') (Zhang: FIG. 1 [0020] first extension arm 111, second extension arm 112).
Regarding claim 12,
Zhang, as modified teaches (Currently Amended) The head and back support unit (30') for a bed base (100') of a box spring bed, which bed base (100') ) (Zhang: FIG. 2 [0017] bedding structure 100) comprises a bed frame (50) (Zhang: FIG. 1 [0017] base frame 13) with at least one central plate (55) (Zhang: FIG. 1 [0018] hip support plate 331),with at least: a the functional fitting (10') according to claim 7;
a back support (32) (Zhang: FIG. 1 [0017] back support plate 32) to be connected in articulated manner to the central plate (55) (Zhang: FIG. 1 [0018] hip support plate 331) and a head support (34) (Zhang: FIG. 1 [0017] neck support plate 31) articulated to the back support (32) (Zhang: FIG. 1 [0017] neck support plate 31) to which the head support bearing element (19) is attached (Zhang: FIG. 1 [0021] front pin connecting member 311),
wherein the at least one castor (20') has no contact with the rear side of the back support (32) (Zhang: FIG. 2 [0024] roller 123 can slide on the roller rail 124 disposed on the back of the middle support plate 332) in the lowered rest position of the erecting structure (12') and rests against the rear side of the back support (32) (Zhang: FIG. 1 [0017] back support plate 32) in an intermediate position in which the head support is inclined by at least 15° with respect to a reclining plane (L) formed by an upper edge of the central plate (55) (Zhang: FIG. 1 [0023] support plate clamping motion is 180 ° to 150).
Regarding claim 14,
Zhang, as modified teaches (Currently Amended) A box spring bed, comprising a bed base (100; 100') with a rectangular bed frame (50) (Zhang: FIG. 2 [0017] bedding structure 100), which comprises two parallel frame side parts (51, 52) (Zhang: FIG. 1 [0017] base frame 13) and head and foot frame parts (51, 53) (Zhang: FIG. 1 [0017-0018] neck support plate 31, rear support plate 333) connecting these, as well as at least one central plate (55) extending in a reclining plane (L) between the frame side parts (52, 54), and with a head and back support unit (30; 30') (Zhang: FIG. 2 [0019] lifting drive device 12 and body support device 3 to adjust the displacement and the angle) according to claim 10,
wherein the back support (32) (Zhang: FIG. 1 [0017] back support plate 32) is connected to the central plate (55) (Zhang: FIG. 1 [0018] hip support plate 331) via a back support joint (31) (Zhang: FIG. 1 [0021] hinge 312).
Regarding claim 15,
Zhang, as modified teaches (Currently Amended) A platform bed, comprising a bed base (200) (Zhang: FIG. 2 [0017] bedding structure 100) with a rectangular frame (250) (Zhang: FIG. 1 [0017] base frame 13) comprising two parallel frame side parts (251, 252) and head and foot frame parts (253, 254) ) (Zhang: FIG. 1 [0020] first extension arm 111, second extension arm 112) (Zhang: FIG. 1 [0017] body support device 3) connecting these, and with a head and back support unit (30; 30'; 230) according to claim 10.
Regarding claim 16,
Zhang, as modified teaches (Currently Amended) The platform bed according to claim 15, wherein the frame (250) comprises at least one central platform (255) (Zhang: FIG. 1 [0018] hip support plate 331) extending in a reclining plane (L) between the frame side parts (252, 254) (Zhang: FIG. 1 [0021] base frame 13).
Regarding claim 17,
Zhang, as modified teaches (Currently Amended) The platform bed according to claim 15, wherein the back support platform (232) (Zhang: FIG. 1 [0022] front lifting device 11) is connected to the central platform (255) (Zhang: FIG. 1 [0018] hip support plate 331) via a back support joint (231) (Zhang: FIG. 1 [0021] hinge 312).
Regarding claim 18,
Zhang, as modified teaches (Currently Amended) The platform bed according to claim 15, wherein the frame (250) comprises at least one cross beam (258) (Zhang: FIG. 2 [0017] base frame 13) extending between the frame side parts (251, 252) (Zhang: FIG. 2 [0017] bedding structure 100) and the back support platform (232) is connected to the cross beam (258) via a back support joint (240) (Zhang: FIG. 2 [0021] back support plate 32 can perform a support plate clamping motion through the hinge 312).
Regarding claim 19,
Zhang, as modified teaches (Currently Amended) A framed slatted bed base (200') with a rectangular frame (250') comprising two parallel frame side parts (251', 252') and head and foot frame parts (253', 254') connecting the two parallel frame side parts (251',252'), and with a head and back support unit (30; 230) according to claim 10.
Regarding claim 20,
Zhang, as modified teaches (Currently Amended) The framed slatted bed base (200') according to claim 19, wherein the frame (250') (Zhang: FIG. 1 [0017] base 1) comprises a central platform (255') (Zhang: FIG. 1 [0020] first extension arm 111) extending in a reclining plane (L) between the frame side parts (251', 252') (Zhang: FIG. 1 [0021] base frame 13).
Claim(s) 13: is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US20200022504A1) in view of Hanning (US3921230A) in further view of Elliott (US5870784A).
Regarding claim 13,
Zhang, as modified teaches (Currently Amended) The head and back support unit (30; 30'; 230; 230') according to claim 10.
Zhang does not teach wherein the back support joint (31) and the head support joint (33) are each formed by at least two spaced-apart hinges having a common pivot axis.
Elliott teaches wherein the back support joint (31) (Elliott: FIG. 8 [0021] rocker link 212) and the head support joint (33) (Elliott: FIG. 8 [0021] lifting link 188) are each formed by at least two spaced-apart hinges having a common pivot axis (Elliott: FIG. 8 [0021] lifting link 188 at one end thereof is pivotally secured at point 189a to that third corner and the other end of the link is pivotally secured at point 189b to a primary hinge 190).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang and Hanning in view of Elliott directed to including a hinge system to connect a body support system of a bedding system. A person having ordinary skill in the art would have been motivated to make this modification in order to provide stability against movement of a user between a head, neck, back, and leg support system (Elliott: [0021]).
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
12/3/2025