DETAILED ACTION
This office action is in response to the remarks and amendments filed on 04/27/2026. Claims 1-20 are pending. Claims 1-19 are rejected.
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
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 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; or
(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.
Claims 1 and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2017/0143566 to Elku et al. (“Elku”).
Claim 1. A bed comprising: a frame (Elku, Fig. 1); a plurality of extendable patient support panels (Elku, Fig. 20, #2031, 2032, 2033, 2034) mounted to the frame, each patient support panel comprising a central section (Elku, Fig. 6, deck #104 including #105, 107) and at least one side section (Elku, Fig. 20, #2031, 2032, 2033, 2034 are side sections) selectively movable laterally towards and away from the central section to adjust a width of the patient support panel (Elku, see Figs. 17-19), the at least one side section being slidably connected (Elku, see Figs. 17-19) to the central section; an extendable endboard (Elku, see Figs. 33A, 33B, 33C) mounted to the frame, the endboard comprising a first endboard portion and a second endboard portion (Elku, Fig. 32, #2106a, 2106b) slidably connected to the first endboard portion, the first and second endboard portions being movable laterally towards and away from each other to adjust a width of the endboard (Elku, see Figs. 33A, 33B, 33C); and a movement transmission assembly mechanically connecting at least one of the first and second endboard portions to the at least one side section such that the at least one of the first and second endboard portions moves laterally
Claim 12. The bed of claim 1, wherein the endboard is adapted to be selectively extended and contracted simultaneously with the patient support panels at the same speed as the patient support panels (the bed of Elku is capable of the claimed movement, see at least paragraph [0243], notably, “the headboard may be driven by an actuator in which the two-pieces do slide”).
Claim 13. The bed of claim 1, wherein the endboard includes a horizontal guide rod slidably engaging the first and second endboard portions (Elku, Figs. 73-74 #4012, and paragraphs [0397]-[0398])
Claim 14. The bed of claim 1, wherein the at least one of the first and second endboard portions moves by a same given distance than the at least one side section (Elku, paragraphs [0017] and [0243]-[0244], the headboard extends to eliminate gaps between the headboard and side rails).
Claim 15. The bed of claim 1, wherein: the frame comprises an end frame member extending transversely to a longitudinal axis of the bed; the endboard is mounted to the end frame member; the endboard includes an extension member adapted to move laterally towards and away from the end frame member; and the first endboard portion is mounted to the extension member (Elku, Figs. 73-74 #4012, and paragraphs [0397]-[0398]).
Claim 16. The bed of claim 15, wherein the end frame member is hollow and houses the extension member (Elku, Figs. 73-74 #4012, and paragraphs [0397]-[0398]).
Claim 17. The bed of claim 1, wherein the first and second endboard portions overlap at least partially and are substantially complementary in shape such that the endboard maintains a same thickness (Elku, see Figs. 32-35).
Claim 18. The bed of claim 1, wherein one of the first and second endboard portions defines an internal cavity sized and shaped to receive and encase at least part of the other one of the first and second endboard portions (Elku, see Figs. 32-35).
Claim 19. The bed of claim 1, wherein the endboard is a headboard (Elku, Fig. 1 discloses a headboard).
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 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 of this title, 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 12 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2017/0143566 to Elku et al. (“Elku”).
Claim 12. The bed of claim 1, wherein the endboard is adapted to be selectively extended and contracted simultaneously with the patient support panels at the same speed as the patient support panels (to the degree that it is unclear if the bed of Elko provides simultaneous movement of endboards and support panels, the extendable portions of the bed are capable of being motor driven, see paragraph [0403], and the headboard is also capable of being motor driven; furthermore, Elku expresses the desire to “leave no gap” between the head board and siderail portions, therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to construct the bed such that the endboard/headboard extend and contract simultaneously with the bed width extension boards in order to eliminate the gaps between them).
Discussion of allowable subject matter
Regarding new claim 20, Applicant’s claim limitations directed toward flexible transmission members, and their structural details, in conjunction with all of the structures of claim 1 (which are also recited in claim 20), are not found in the prior art and claim 20 is allowable over the prior art.
Response to Applicant's remarks and amendments
Regarding prior double patenting rejections, Applicant has filed terminal disclaimers, which have been approved, and the rejections have been withdrawn.
Regarding prior objections to claim 1, Applicant has amended the claim and the objection has been withdrawn.
With respect to claim 1, Applicant argues on page 18 of Applicant’s remarks that in the cited prior art of Elku does not anticipate “a movement transmission assembly mechanically connecting at least one of the first and second endboard portions to the at least one side section such that the at least one of the first and second endboard portions moves laterally towards when the at least one side section is moved laterally.” Examiner respectfully disagrees. As noted above, Elku Fig. 74 discloses a headboard bracket that is capable of telescoping, and discloses an actuator #2115 in Fig. 35B, and as discussed in the above rejection, the controller of Elko is connected to, and capable of actuating, both the headboard actuators and the width, or siderail actuators.
Examiner further notes that Claim 12 recites similar language, and is rejected as obvious in view of Elko. The language of Claim 1 is similar to that of Claim 12, and alternatively, Claim 1 could also be rejected as obvious in view of Elko.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MYLES A THROOP whose telephone number is (571)270-5006. The examiner can normally be reached 8:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached on 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MYLES A THROOP/Primary Examiner, Art Unit 3673
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