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 § 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 5 and 16 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.
Claims 5 and 16 recite the limitation "strip shaped". It is unclear what constitutes a strip shape. The Examiner suggests utilizing “elongated” or “oval” or something of the like.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cui (CN 205758133)
Regarding Claim 1: Cui discloses a connecting mechanism (connecting piece 20 of Cui and fixing device/devices) for an adjustable bed frame (abstract of Cui), comprising: a connecting member (connecting piece 20 of Cui), the connecting member being provided with a perforation (see annotated copy of Fig. 2 of Cui) along an axial direction of the connecting member (Fig. 2 of Cui), the perforation being configured for passage of a lateral bar of the adjustable bed frame (see Fig. 1 of Cui), the connecting member being provided with a slot (see annotated copy of Fig. 2 of Cui) in communication with the perforation (see annotated copy of Fig. 2 of Cui); and a positioning member (fixing device 30 of Cui), the positioning member being adapted to be accommodated in the slot and configured to fix the lateral bar passing through the perforation (page 3 of the English translation of Cui - “the extension bed frame 1 is further provided with a fixing device 30, the fixing device 30 passes through the second through hole 24 and the third through hole 140 the rod 14 is fixed on the connecting piece 20.”).
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Regarding Claim 2: Cui discloses the connecting mechanism for the adjustable bed frame according to claim 1, wherein the perforation comprises a first perforation and a second perforation independent of each other (see annotated copy of Fig. 2 of Cui) the lateral bar comprises a first lateral bar and a second lateral bar (see Fig. 1 of Cui), the first perforation is configured for passage of the first lateral bar (Fig. 1 of Cui), and the second perforation is configured for passage of the second lateral bar (Fig. 1 of Cui).
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Regarding Claim 3: Cui discloses the connecting mechanism for the adjustable bed frame according to claim 2, wherein the slot comprises a first slot (not numbered but shown in Fig. 6 of Cui on the left most side of the figure) and a second slot (shown in Fig. 6 of Cui on the right most side of the figure), the first slot is in communication with the first perforation, and the second slot is in communication with the second perforation (made obvious by the arrangement of the fixing device 30 of Cui).
Regarding Claim 4: Cui discloses the connecting mechanism for the adjustable bed frame according to claim 3, wherein the positioning member comprises a first positioning member and a second positioning member, the first positioning member is adapted to be accommodated in the first slot to position the first lateral bar that passes through the first perforation, and the second positioning member is adapted to be accommodated in the second slot to position the second lateral bar that passes through the second perforation (see Fig. 6 of Cui and page 3 of the English translation of Cui).
Regarding Claim 5: Cui discloses the connecting mechanism for the adjustable bed frame according to claim 3, wherein each of the first slot and the second slot is provided as a strip shape, and is arranged along a circumferential direction of the connecting member (as shown in Fig. 6 of Cui).
Regarding Claim 6: Cui discloses the connecting mechanism for the adjustable bed frame according to claim 2, wherein the first perforation is separated from the second perforation by a connecting wall (see annotated copy of Fig. 2 of Cui), the connecting wall is provided with a through hole (not shown but as clear from the embodiment of Fig. 7, one fastener extends between both rods 14 and therefore a hole is required in the wall of the fastener in the embodiment of Fig. 7 of Cui), the positioning member comprises a fixing bar and a mounting bar (straight portion of 30), the fixing bar is insertable into the slot (end portion of the portion 30 of Cui) and adapted to cooperate with a groove of the lateral bar (Figs. 1-7 of Cui), and the mounting bar passes through the through hole (portion of 30 extending through the central part of 20 of Cui).
Regarding Claim 13: Cui discloses an adjustable bed frame (see Fig. 1 and the abstract of Cui), comprising a connecting mechanism (connecting piece 20 of Cui and fixing device/devices) for the adjustable bed frame (Fig. 1), a lateral bar (14 of Cui) and two longitudinal bars (12 of Cui), wherein the connecting mechanism comprises: a connecting member (connecting piece 20 of Cui), the connecting member being provided with a perforation along an axial direction of the connecting member (see annotated copy of Fig. 2 of Cui), the perforation being configured for passage of the lateral bar of the adjustable bed frame (see annotated copy of Fig. 2 of Cui), the connecting member being provided with a slot in communication with the perforation (see annotated copy of Fig. 2 of Cui); and a positioning member (fixing device 30 of Cui), the positioning member being adapted to be accommodated in the slot and configured to fix the lateral bar passing through the perforation (page 3 of the English translation of Cui - “the extension bed frame 1 is further provided with a fixing device 30, the fixing device 30 passes through the second through hole 24 and the third through hole 140 the rod 14 is fixed on the connecting piece 20.”), wherein the lateral bar comprises a first lateral bar and a second lateral bar, one end of the first lateral bar is connected to one of the two longitudinal bars, one end of the second lateral bar is connected to another one of the two longitudinal bars, and another end of the first lateral bar is connected to another end of the second lateral bar by the connecting mechanism (see Fig. 1 of Cui showing the lateral bars 14 connected to the longitudinal bars 14 and the arrangement of Fig. 1 of Cui).
Regarding Claim 14: Cui discloses the adjustable bed frame according to claim 13, wherein the perforation comprises a first perforation and a second perforation independent of each other (see annotated copy of Fig. 2 of Cui), the first perforation is configured for passage of the first lateral bar (see Fig. 1 of Cui), and the second perforation is configured for passage of the second lateral bar (see Fig. 1 of Cui).
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Regarding Claim 15: Cui discloses the adjustable bed frame according to claim 14, wherein the slot comprises a first slot (not numbered but shown in Fig. 6 of Cui on the left most side of the figure) and a second slot (shown in Fig. 6 of Cui on the right most side of the figure), the first slot is in communication with the first perforation, and the second slot is in communication with the second perforation (made obvious by the arrangement of the fixing device 30 of Cui); wherein the positioning member comprises a first positioning member and a second positioning member (see Fig. 6 of Cui showing first and second members 30), the first positioning member is adapted to be accommodated in the first slot to position the first lateral bar that passes through the first perforation (see Fig. 6 of Cui and page 3 of the English translation of Cui), and the second positioning member is adapted to be accommodated in the second slot to position the second lateral bar that passes through the second perforation (see Fig. 6 of Cui and page 3 of the English translation of Cui).
Regarding Claim 16: Cui discloses the adjustable bed frame according to claim 15, wherein each of the first slot and the second slot is provided as a strip shape (as shown in Fig. 6 of Cui), and is arranged along a circumferential direction of the connecting member (as shown in Fig. 6 of Cui).
Regarding Claim 17: Cui discloses the adjustable bed frame according to claim 14, wherein the first perforation is separated from the second perforation by a connecting wall (see annotated copy of Fig. 2 of Cui), the connecting wall is provided with a through hole (not shown but as clear from the embodiment of Fig. 7, one fastener extends between both rods 14 and therefore a hole is required in the wall of the fastener in the embodiment of Fig. 7 of Cui), the positioning member comprises a fixing bar and a mounting bar, the fixing bar is insertable into the slot and adapted to cooperate with a groove (Figs. 1-7 of Cui), and the mounting bar passes through the through hole (portion of 30 extending through the central part of 20 of Cui).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 7-8, 10, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciu (CN 205758133) in view of Baik et al. (US PG Pub. No. 2021/0262505 – hereianfer Baik).
Regarding Claims 7 and 18: Cui discloses the connecting mechanism for the adjustable bed frame according to claims 1 and 13 respectively.
Cui does not disclose the connecting mechanism for the adjustable bed frame according to claim 1, wherein the positioning member is provided as an L-shaped member and comprises a fixing bar and a mounting bar, the fixing bar is insertable into the slot and adapted to cooperate with a groove of the lateral bar, and the mounting bar is connected to the connecting member.
However, solving the same problem of locking laterally moving bars in place, Baik teaches the connecting mechanism for the adjustable bed frame according to claim 1, wherein the positioning member is provided as an L-shaped member (see annotated copy of Fig. 2 of Baik) and comprises a fixing bar (see annotated copy of Fig. 2 of Baik) and a mounting bar (see annotated copy of Fig. 2 of Baik), the fixing bar is insertable into the slot (see annotated copy of Fig. 2 of Baik) and adapted to cooperate with a groove of the lateral bar (02 in Fig. 4 of Baik), and the mounting bar is connected to the connecting member (Fig. 4 of Baik).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Ciu (adjustable bed) and Baik (locking means for an adjustable member) with a reasonable expectation of success. One having ordinary skill in the art would have found it obvious to make such a combination because the button arrangement is simple and easy to assemble (see paragraph [0010] of Baik).
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Regarding Claim 8 and 19: Cui in view of Baik make obvious the connecting mechanism for the adjustable bed frame according to claim 7 and 18 respectively, wherein a side surface of the connecting member opposite to the slot is provided with a mounting hole (see annotated copy of Fig. 2 of Baik), the mounting bar passes through the mounting hole and extends out of the connecting member (see annotated copy of Fig. 2 of Baik), an extending part of the mounting bar that extends out of the connecting member is provided with a limiting structure (see annotated copy of Fig. 2 of Baik), and an elastic member is arranged between the limiting structure and the connecting member (see annotated copy of Fig. 2 of Baik).
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Regarding Claim 10 and 20: Cui in view of Baik make obvious the connecting mechanism for the adjustable bed frame according to claim 1 and 13, wherein the connecting member comprises a side surface (see annotated copy of Fig. 2 of Baik) adjacent to a side of the connecting member provided with the slot (see annotated copy of Fig. 2 of Baik), and the side surface of the connecting member is provided with a window in communication with the perforation (see annotated copy of Fig. 2 of Baik).
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Regarding Claim 11: Cui discloses the connecting mechanism for the adjustable bed frame according to claim 1, but does not disclose wherein an outer wall of a side of the connecting member opposite to a side of the connecting member provided with the slot is provided with a connecting part connected to a supporting leg of the connecting mechanism.
However, solving the same problem of locking laterally moving bars in place, Baik teaches the connecting mechanism for the adjustable bed frame according to claim 1, wherein the positioning member is provided as an L-shaped member (see annotated copy of Fig. 2 of Baik) and comprises a fixing bar (see annotated copy of Fig. 2 of Baik) and a mounting bar (see annotated copy of Fig. 2 of Baik), the fixing bar is insertable into the slot (see annotated copy of Fig. 2 of Baik) and adapted to cooperate with a groove of the lateral bar (02 in Fig. 4 of Baik), and the mounting bar is connected to the connecting member (Fig. 4 of Baik).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Ciu (adjustable bed) and Baik (locking means for an adjustable member) with a reasonable expectation of success. One having ordinary skill in the art would have found it obvious to make such a combination because the button arrangement is simple and easy to assemble (see paragraph [0010] of Baik). In making the combination of Ciu and Baik, the combination would result in the limitations of claim 11 because the slot of Baik as arranged in Ciu would be arranged opposite the leg connection of Ciu.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciu (CN 205758133) in view of Baik et al. (US PG Pub. No. 2021/0262505 – hereinafter Baik) further in view of Jang (US PG Pub. No. 2006/0062632).
Regarding Claim 12: Cui in view of Baik make obvious the connecting mechanism for the adjustable bed frame according to claim 1, but do not disclose or make obvious wherein the connecting member is a plastic member, and the positioning member is a metal member.
However, solving the same problem of locking and unlocking movement of tubular elements (see the abstract of Jang), Jang teaches the connecting member is a plastic member, and the positioning member is a metal member (see paragraph [0046] of Jang –“Although a single locking means 20 is disclosed, obviously one or more may be provided, connected to each other, with suitable telescoping poles extending therethrough. Any suitable materials may be used, such as metal, plastics, etc. The dimensions may vary but are or course dependent on the dimensions of the poles.”)
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Cui (an adjustable bed frame) and Baik (latch for selectively latching movement of telescoping tubes) and Jang (drawn to materials for forming latching devices) with a reasonable expectation of success since the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). See MPEP 2144.04.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claim 9 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:
Regarding Claim 9: Cui in view of Baik make obvious the connecting mechanism for the adjustable bed frame according to claim 8, but do not explicitly disclose wherein the limiting structure comprises a thread arranged on the mounting bar, and a nut connected to the thread, and the elastic member is arranged between the nut and the connecting member. Further modifying Cui as modified by Baik to replace the limiting structure with a nut and thread arrangement would not have been obvious to one having ordinary skill in the art because of the arrangement of the end of the member 124 of Baik.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CA 1094257 A to Knoke is cited for teaching a biased L shaped positioning member.
US Patent No. 1,599,971 to Melson is cited for teaching an elongated slot in a connecting member.
US PG Pub. No. 2013/0205497 to Thornton is cited for teaching an adjustable bed frame.
US Patent No. 7,134,154 to Cloer is cited for teaching an extendable width bedframe with a connecting member.
US Patent No. 6,575,656 to Suh is cited for teaching a connecting member with biased fastener for attaching sliding members.
US Patent No. 6,560,796 to Diforio is cited for teaching an extendable width bedframe with a connecting member.
US Patent No. 6,006,382 to Smith is cited for a teaching an L shaped fastener.
US Patent No. 3,781,930 to Spitz is cited for teaching an L shaped fastener.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA L BAILEY whose telephone number is (571)272-8476. The examiner can normally be reached M-F 7:30 AM-4:30 PM.
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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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/AMANDA L BAILEY/Examiner, Art Unit 3673
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