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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 3, 2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 10 and 19 are 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 10 and 19 recite the limitation "moving frame" in the fourth line of each claim. There is insufficient antecedent basis for this limitation in the claim. Note that while reference to a “mobile frame” is prevalent throughout the claims, these are the only two instances where “moving frame” has been cited. To advance examination, Examiner has understood “moving frame” to refer to the same element as “mobile frame”.
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.
Claims 1-3, 5-8, 11-13, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chudik (US 4,993,088 A).
Regarding claim 1, Chudik discloses a mobile frame (portable bed assembly 10, cols. 2-3, lines 57-6, figs. 1-4) for a vehicle (motor vehicle 12, col. 3, lines 39-41, figs. 1 and 3), the mobile frame comprising:
a main body (framework 14, cols. 2-3, lines 65-6, fig. 4) configured so that a convenience device is mounted on or released from the main body (bed member 13 is mounted over framework 14 to provide a table surface; further, tool chest 47 may be permanently or releasably mounted in a desired position on the top of bed member 13, figs. 1 and 5, col. 4, lines 9-22; as a table and a storage box, both items are among those disclosed by the Applicant as convenience devices in ¶[0015]), the main body being slidably coupled to a rail (C-shaped channel 30 slidably coupled to U-shape side members 15 of framework 14, figs. 2A-B) formed on a floor of the vehicle (“C-shaped channel 30, a pair of which are mounted in parallel spaced relation along the length of the rear deck or bed 11 on motor vehicle 12”, col. 3, lines 30-32) and configured to be withdrawn to an outside of the vehicle (extended position best shown in figures 1 and 3) through an opening portion of a door (tailgate 11a, figs. 3 and 9) of the vehicle; and
moving wheels (wheels 28 and 53 of wheel assemblies 22 and 43, respectively, fig. 4) connected to a lower portion of the main body by link assemblies (vertical portions 23a and leg extensions 42, figs. 2A-B and 4) and configured to be accommodated in the rail of the main body in response that the main body is coupled to the floor of the vehicle (bed assembly 10 when mounted onto the vehicle as shown in figs. 2A-B wherein “wheel 28 in each of the 14 wheel assemblies 22 is slidably retained in a C-shaped channel 30”, col. 3, lines 28-30), and deployed downwardly from the main body in response that the main body is withdrawn to the outside of the vehicle (bed assembly 10 when extended as shown in figures 1 and 3 wherein “leg extensions 42 adjustably extend outwardly of the open distal ends of each tubular leg portion 40 with each ending in a wheel or roller assembly 43”, col. 3, lines 57-60).
Regarding claim 2, Chudik discloses the mobile frame of claim 1, wherein the main body has a quadrangular frame shape (framework 14, as shown in figure 4 and described in cols. 2-3, lines 57-11, has a quadrangular frame shape).
Regarding claim 3, Chudik discloses the mobile frame of claim 1, wherein the convenience device includes at least one of a display, a storage box (tool chest 47 as described in claim 1, is a box for storage of tools), a shelf, and a table (bed member 13 is utilized as a table for work, supporting “tools and machinery”, or for recreation, supporting “camping equipment, or the like”, cols. 5-6, lines 61-6).
Regarding claim 5, Chudik discloses the mobile frame of claim 1, wherein the main body is supported on the rail by the moving wheels (“C-channel 30 restrains lateral motion of the wheel 28, and therefore maintains the framework 14 and bed cover 13 of the portable bed 10 in mounted position on the deck 11 of the motor vehicle 12”, col. 3, lines 33-37; figure 2B shows bed member 13 supported on C-shaped channel 30 by wheel 28).
Regarding claim 6, Chudik discloses the mobile frame of claim 1, wherein the rail extends in a direction from the floor of the vehicle toward the opening portion of the door (C-channel 30 shown extending from bed 11 toward tailgate 11a opening in figure 9 and described as “mounted in parallel spaced relation along the length of the rear deck or bed”, col. 3, lines 30-32).
Regarding claim 7, Chudik discloses the mobile frame of claim 1, wherein the rail includes a groove recessed in the floor of the vehicle (groove of C-channel 30 on vehicle deck or bed, as best shown in fig. 2B), a catching portion is formed on an upper portion of the rail (upper portion of C-channel 30 including curved distal end 30a, fig. 2B), and a protruding portion is formed at the lower portion of the main body (axle 27 and rotatably mounted wheel 28 extending from bracket 23 and protruding into C-channel 30, fig. 2B) and caught by the catching portion not to be withdrawn upward in a state in which the protruding portion is inserted into the groove of the rail (upper portion of C-channel 30 prevents upward motion of axle 27 and “downward curved distal end 30a of C-channel 30 restrains lateral motion of the wheel 28, and therefore maintains the framework 14 and bed cover 13 of the portable bed 10 in mounted position on the deck 11 of the motor vehicle 12”, col. 3, lines 32-37, fig. 2B).
Regarding claim 8, Chudik discloses the mobile frame of claim 1, wherein in response that the main body is coupled to the floor of the vehicle (portable bed 10 in mounted position on the deck 11 of the motor vehicle 12, fig. 2A), each link assembly is folded and accommodated in the lower portion of the main body (leg extensions 42 folded as shown in fig. 4), and a lower end portion of the moving wheels are exposed downwardly from the main body and supported on the rail (wheels 28 supported on C-channel 30, figs. 2A-B).
Regarding claim 11, Chudik discloses the mobile frame of claim 1,
wherein the link assemblies include first (leg extensions 42 shown on first side of annotated fig. 4 below and closest to tailgate 11a when portable bed 10 is in mounted position on the deck 11 of the motor vehicle 12) and second link assemblies (leg extensions 42 shown on second side of annotated fig. 4 below and furthest from tailgate 11a when portable bed 10 is in mounted position on the deck 11 of the motor vehicle 12),
wherein the moving wheels include first (wheels 53 attached to distal ends of first leg extensions 42 on first side of annotated fig. 4 below) and second moving wheels (wheels 53 attached to distal ends of second leg extensions 42 on second side of annotated fig. 4 below),
wherein the first and second link assemblies and the first and second moving wheels are provided at first and second opposite sides of the lower portion of the main body (first and second opposite sides of framework 14 under bed assembly 10 shown in annotated fig. 4 below), and
wherein in response that the main body is withdrawn from the vehicle, the first link assembly withdrawn first, is deployed and supported on a ground surface by the first moving wheel, and then a remaining portion of the main body is withdrawn (position of bed assembly 10 as shown in figs. 1 and 3 with first leg extensions 42 deployed and supported by first wheels 53; “portable truck bed assemblies have been slidably mounted in rear truck decks so as to be partially extendable therefrom, as shown in FIG. 1 and FIG. 3”, col. 4, lines 37-40).
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Regarding claim 12, Chudik discloses the mobile frame of claim 1,
wherein the link assemblies include first and second link assemblies,
wherein the moving wheels include first and second moving wheels,
wherein the first and second link assemblies and the first and second moving wheels are provided at first and second opposite sides of the lower portion of the main body (first and second leg extensions 42 and wheels 53 as described in claim 11), and
wherein in response that the main body is withdrawn from the vehicle, the first link assembly is deployed and supported on a ground surface by the first moving wheel, and the second link assembly is deployed and supported on the ground surface by the second moving wheel, in sequence (position of bed assembly 10 as shown in fig. 7 with first and second leg extensions 42 deployed in sequence and supported by first and second wheels 53; “free standable nature of the portable bed assembly 10 such as shown in FIG. 7”, col. 4, lines 41-42).
Regarding claim 13, Chudik discloses a vehicle (motor vehicle 12, col. 3, lines 39-41, figs. 1 and 3) comprising:
a floor including a rail vehicle (rear deck or bed 11 of motor vehicle 12 including “C-shaped channel 30, a pair of which are mounted in parallel spaced relation”, col. 3, lines 30-32, fig. 9); and
a mobile frame (portable bed assembly 10, cols. 2-3, lines 57-6, figs. 1-4) including:
a main body (framework 14, cols. 2-3, lines 65-6, fig. 4) configured so that a convenience device is mounted on or released from the main body (bed member 13 is mounted over framework 14 to provide a table surface; further, tool chest 47 may be permanently or releasably mounted in a desired position on the top of bed member 13, figs. 1 and 5, col. 4, lines 9-22; as a table and a storage box, both items are among those disclosed by the Applicant as convenience devices in ¶[0015]), the main body being slidably coupled to the rail (C-shaped channel 30 slidably coupled to U-shape side members 15 of framework 14, figs. 2A-B) formed on the floor of the vehicle (“C-shaped channel 30, a pair of which are mounted in parallel spaced relation along the length of the rear deck or bed 11 on motor vehicle 12”, col. 3, lines 30-32), and configured to be withdrawn to an outside of the vehicle (extended position best shown in figures 1 and 3) through an opening portion of a door (tailgate 11a, figs. 3 and 9) of the vehicle; and
moving wheels (wheels 28 and 53 of wheel assemblies 22 and 43, respectively, fig. 4) connected to a lower portion of the main body by link assemblies (vertical portions 23a and leg extensions 42, figs. 2A-B and 4) and configured to be accommodated in the rail of the main body in response that the main body is coupled to the floor of the vehicle (bed assembly 10 when mounted onto the vehicle as shown in figs. 2A-B wherein “wheel 28 in each of the 14 wheel assemblies 22 is slidably retained in a C-shaped channel 30”, col. 3, lines 28-30), and deployed downwardly from the main body in response that the main body is withdrawn to the outside of the vehicle (bed assembly 10 when extended as shown in figures 1 and 3 wherein “leg extensions 42 adjustably extend outwardly of the open distal ends of each tubular leg portion 40 with each ending in a wheel or roller assembly 43”, col. 3, lines 57-60).
Regarding claim 16, Chudik discloses the vehicle of claim 13, wherein the rail includes a groove recessed in the floor of the vehicle (groove of C-channel 30 on vehicle deck or bed, as best shown in fig. 2B), a catching portion is formed on an upper portion of the rail (upper portion of C-channel 30 including curved distal end 30a, fig. 2B), and a protruding portion is formed at the lower portion of the main body (axle 27 and rotatably mounted wheel 28 extending from bracket 23 and protruding into C-channel 30, fig. 2B) and caught by the catching portion not to be withdrawn upward in a state in which the protruding portion is inserted into the groove of the rail (upper portion of C-channel 30 prevents upward motion of axle 27 and “downward curved distal end 30a of C-channel 30 restrains lateral motion of the wheel 28, and therefore maintains the framework 14 and bed cover 13 of the portable bed 10 in mounted position on the deck 11 of the motor vehicle 12”, col. 3, lines 32-37, fig. 2B).
Regarding claim 17, Chudik discloses the vehicle of claim 13, wherein in response that the main body is coupled to the floor of the vehicle, the link assembly is folded and accommodated in the lower portion of the main body (portable bed 10 in mounted position on the deck 11 of the motor vehicle 12, fig. 2A), and a lower end portion of the moving wheels are exposed downwardly from the main body and supported on the rail (wheels 28 supported on C-channel 30, figs. 2A-B).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chudik as applied respectively to claims 1 and 13 above, and further in view of Caldwell et al. (US 2021/0159653 A1), hereinafter “Caldwell”.
Regarding claims 4 and 15, Chudik discloses the mobile frame of claim 1 and the vehicle of claim 13, respectively, but Chudik does not recite a connector at a lower end portion of the main body, electrically connecting the convenience device to the vehicle through a rail. Caldwell teaches a vehicle track assembly including a coupled conductive rail (conductive rail assembly 18, ¶[0017], figs. 1-2) wherein a connector (vehicle connector 22, ¶[0021], figs. 3A-B) is provided at a lower end portion of the main body, and the convenience device (“track-mounted components 16 may include a seat, a bench, a floor console, a storage box, a support surface e.g., a table, a cargo platform, etc., an entertainments system, or the like”, ¶[0018]) is electrically connected to the vehicle through the connector and the rail (“conductive strips 28 may be configured to provide an electrical connection between the vehicle connector 22 and a plurality of track-mounted components 16”, ¶[0021]).
Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the electrical connection from Caldwell with the bed assembly disclosed by Chudik. Such combination would have been especially feasible and predictable without resorting to hindsight in light of Caldwell’s specific reference to “exterior surfaces of the vehicle (e.g., a truck bed, etc.)” for coupling the rail assembly (¶[0018]). The motivation would have been supplying electric power for “various features requiring an electrical connection to the vehicle. For example, a vehicle seat may have one or more vehicle seat features which may include, but are not limited to, motors for adjusting seating position …, valves for inflating/deflating various air bladders, seat heaters, fans for ventilated seats, cooling systems, and various massage features” (Caldwell, ¶[0019]). The combination would predictably achieve the desired result.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Chudik as applied to claim 13 above, and further in view of Akiya et al. (US 2009/0108615 A1), hereinafter “Akiya”.
Regarding claim 14, Chudik discloses the vehicle of claim 13, but does not recite rails in a width direction of the vehicle. Akiya teaches a movement device for a vehicle seat (¶[0083], figs. 1-11) wherein the rail is formed on the floor of the vehicle in a width direction of the vehicle (“vehicle width rails 50 extending straight along the vehicle width direction”, ¶[0106], fig. 1) and reaches to the opening portion of the door (“the seat is moved in the vehicle width direction at the rear end side of the lower rails, so that it is possible, for example, to effect the movement of the seat along the vehicle width direction from the vehicle-rear-door side”, ¶[0054]). Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the teachings of Chudik and Akiya, motivated by the intent “to provide an engagement structure with respect to a vehicle floor for a seat movable in the vehicle longitudinal direction and the vehicle width direction in order to allow the seat arrangement, the engagement structure being relatively simple and facilitating to secure a support strength large enough to withstand a relatively large load as involved at the time of vehicle collision or the like” (Akiya, ¶[0005]). The combination would predictably achieve the desired intent.
Claims 9-10 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chudik as applied respectively to claims 1 and 13 above, and further in view of Hosoya et al. (JP 2005021628 A), hereinafter “Hosoya”.
Regarding claims 9 and 18, Chudik discloses the mobile frame of claim 1 and the vehicle of claim 13, respectively, but Chudik does not recite each link assembly including a deployment portion configured to provide elasticity. Hosoya teaches a stretcher system (¶[0026], figs. 1-3) for transport of patients into and out of an emergency vehicle wherein each link assembly (leg 22, fig. 1) includes a deployment portion (pneumatic cylinders 8 and 9) configured to provide elasticity (based on Applicant’s disclosure, pneumatic pressure of a cylinder is suitable for providing elasticity, ¶[0062]) in a deployment direction of the moving wheels, and wherein in response that the main body is withdrawn to the outside of the vehicle, each link assembly is deployed by the deployment portion (“When the ambulance arrives at the emergency site, the ambulance crew 91 carries the stretcher 1 out of the ambulance. At this time, the stretcher 1 changes from the state in which the leg 22 is folded to the state in which the leg 22 is expanded”, ¶[0056], fig. 6), and the moving wheels are supported on a ground surface outside the vehicle (wheels 23 shown supported on a ground surface outside of vehicle 130 in fig. 6).
Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to substitute, with a reasonable expectation of success, the legs and pneumatic cylinders from Hosoya for the leg extensions disclosed by Chudik. The motivation would have been to facilitate easily loading the wheeled unit onto a support base and minimizing the weight burden on the operator (Hosoya, ¶¶[0020]-[0024]). The substitution would predictably achieve the desired result.
Regarding claims 10 and 19, the modified Chudik further discloses the mobile frame of claim 9 and the vehicle of claim 18, respectively, wherein the deployment portion of each link assembly (leg 22, fig. 1) includes a cylinder and a piston slidably coupled to the cylinder (pneumatic cylinders 8 and 9, each including a cylindrical cylinder body 30 and a piston rod 28, ¶[0033], fig. 1), an end of the cylinder being pivotally connected to the moving frame (Hosoya, ¶[0034]: “cylinder fitting 4 is provided on the distal end side of the cylinder body 30 of the pneumatic cylinder 8” suitable for pivotal connection to portable bed assembly 10 of Chudik as part of the substitution applied in claims 9 and 18 above), and wherein each link assembly further includes: a link (leg 25a, fig. 1); and a support bar (auxiliary leg 25b, fig. 1) connecting an end of the piston and the link (auxiliary leg 25b shown connecting end of piston 28 and leg 25a in fig. 1), wherein a first end of the link is pivotally connected to the main body (upper end of leg 25a shown in fig. 1 connected to bed portion 21 and suitable for connection to portable bed assembly 10 of Chudik), and a second end of the link is rotatably connected to a corresponding moving wheel of the moving wheels (Hosoya, ¶[0028]: “wheel 23 is also provided at the tip of the main leg 25a”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional art of record relates to devices extended or withdrawn from vehicles, having features relevant to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD OMID NEYZARI whose telephone number is (571)272-9530. The examiner can normally be reached Monday-Friday, 8 AM-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD OMID NEYZARI/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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