DETAILED ACTION
This office action is in response to the application filed on 2/3/25. Claims 1-20 are pending. Claims 1-20 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 § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
CONCLUSION.--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 4, 5, 9, 12, 15, 17, 20 and dependent claims 18, 19 are rejected under 35 U.S.C. 112(b). The claims recite the limitation "the bed frame assembly support“. There is insufficient antecedent basis for this limitation in the claim because there is no prior recitation of “a bed frame assembly support” either in these claims, or in prior claims from which these claim depends. For purposes of examination, this has been interpreted as “a bed frame assembly…including a support member” designated as #102 in Applicant’s Fig. 10. Examiner notes that claim 1 recites “a bed frame assembly, the bed frame assembly including a support member.” Please use consistent terminology. Appropriate correction is required.
Claim 17 and dependent claims 18, 19, 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which Applicant regards as the invention. Claim 17 recites “a bearing mount forming an upper portion and a lower portion; wherein the upper portion is disposed above the bed frame assembly support member and is adapted for mounting the first bearing; … and wherein the upper portion extends through the bed frame assembly support member.” It is unclear how the upper portion (Applicant’s #254 in Fig. 7) can simultaneously be both above and extending through the bed frame assembly. Appropriate correction is required.
In view of the above rejections the respective claims are rejected as best understood on prior art as follows:
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 1-3, 5-8, 10-14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2002/0174487 to Kramer et al. (“Kramer”).
Claim 1. A hinge assembly for use with a bed having a head section (Kramer, Fig. 2) movable with respect to a bed frame assembly (Kramer, Fig. 2, #16), the bed frame assembly including a support member (Kramer, Fig. 2, #16), the hinge assembly comprising: a head section (Kramer, Fig. 2, #26) mounted portion, comprising: a hinge guide assembly (Kramer, Fig. 1, #36); a bed frame assembly mounted portion, comprising: a hinge bearing mount assembly (Kramer, Fig. 2, #42); and wherein the head section mounted portion interfaces with the bed frame assembly mounted portion (Kramer, Fig. 2).
Claim 2. The hinge assembly of claim 1, comprising: a bearing mounted to the hinge bearing mount assembly; and wherein the hinge guide assembly forms a curved guide track (Kramer, Fig. 2 discloses slots #50 and #52) adapted to receive the bearing (Kramer, Fig. 2, discloses bearings #58 and 62).
Claim 3. The hinge assembly of claim 1, comprising: wherein the hinge guide assembly comprises: a first guide plate (Kramer, Fig. 1 #44) forming a first curved guide track and an adjacent second curved guide track (Kramer, Fig. 2 discloses slots #50 and #52); wherein the hinge bearing mount assembly comprises: a bearing mount (Kramer, Fig. 2, #56) connected to the bed frame assembly support member; a first bearing; and a second bearing (Kramer, Fig. 2, discloses bearings #58 and 62 in the claimed configuration); wherein the bearing mount is disposed adjacent the first guide plate; wherein the first bearing is received by the first guide plate first curved guide track; and wherein the second bearing is received by the first guide plate second curved guide track (Kramer, Fig. 2, see configuration of bearings #58 and 62, which are in Applicant’s claimed configuration).
Claim 5. The hinge assembly of claim 3, comprising: wherein the hinge guide assembly further comprises: a second guide plate disposed adjacent the first guide plate, the second guide plate forming a first curved guide track and an adjacent second curved guide track; and wherein the bearing mount is disposed between the first guide plate and the second guide plate (Kramer paragraph [0027] discloses “first and second spaced apart arcuate guides 42 … the arcuate guides 42 include plates 44”, which can be see in an alternative embodiment in Fig. 5 at #’s 82; Kramer Fig. 2 discloses bearings #58 and 62, there are two bearings on each plate).
Claim 6. The hinge assembly of claim 1, comprising: wherein the first bearing translates within the first curved guide track; and wherein the second bearing translates within the second guide track (Kramer, Fig. 2, see configuration of bearings #58 and 62, which are in Applicant’s claimed configuration).
Claim 7. The hinge assembly of claim 1, comprising: an actuation assembly operably connected to the bed frame assembly and to the head section; and wherein actuation of the actuation assembly moves the head section mounted portion relative to the bed frame assembly mounted portion (Kramer, Fig. 2, #38 discloses an actuator; also see paragraph [0028]).
Claim 8. The hinge assembly of claim 7, comprising: a bed frame bracket attached to the bed frame assembly; a drive assembly bracket attached to the head section; and wherein the actuation assembly is operably connected to the bed frame assembly by the bed frame bracket, and operably connected to the head section by the drive assembly bracket (the two ends of the actuator of Kramer are attached to the bed frame with structures that read on Applicant’s brackets; one end of the actuator is attached to bracket #102 seen in Fig. 3, the other end is attached to an unlabeled bracket).
Claim 10. A hinge assembly for use with a bed having a head section (Kramer, Fig. 2) movable with respect to a bed frame assembly (Kramer, Fig. 2, #16), the bed frame assembly including a support member (Kramer, Fig. 2, #16), the hinge assembly comprising: a head section mounted portion (Kramer, Fig. 2, #26), comprising: a first guide plate (Kramer, Fig. 2, #44), forming: a first curved guide track; and a second curved guide track (Kramer, Fig. 2 discloses slots #50 and #52), adjacent the first curved guide track; a bed frame assembly mounted portion, comprising: a first bearing; and a second bearing disposed adjacent the first bearing; wherein the first bearing is received by the first guide plate first curved guide track; wherein the second bearing is received by the first guide plate second curved guide track (Kramer, Fig. 2, discloses bearings #58 and 62 in the claimed configuration); and wherein the hinge assembly provides angular rotation of the head section relative to the bed frame assembly (see Kramer Figs. 1-2).
Claim 11. The hinge assembly of claim 10, comprising: wherein the head section mounted portion further comprises: a second guide plate forming: a third curved guide track; and a fourth curved guide track adjacent the third curved guide track; wherein the bed frame assembly mounted portion further comprises: a third bearing; and a fourth bearing; wherein the third bearing is received by the second guide plate third curved guide track; and wherein the fourth bearing is received by the second guide plate fourth curved guide track (Kramer paragraph [0027] discloses “first and second spaced apart arcuate guides 42 … the arcuate guides 42 include plates 44”, which can be see in an alternative embodiment in Fig. 5 at #’s 82; Kramer Fig. 2 discloses bearings #58 and 62, there are two bearings on each plate).
Claim 12. The hinge assembly of claim 11, comprising: a bearing mount (Kramer, Fig. 2, #56), comprising: an upper portion for mounting the first bearing and third bearing; and a lower portion for mounting the second bearing and the fourth bearing; and wherein the bearing mount is connected to the bed frame assembly support member (Kramer, Fig. 2 discloses slots #50 and #52 that read on Applicant’s “upper portion” and “lower portion”).
Claim 13. The hinge assembly of claim 11, comprising: wherein the first guide plate further comprises: a planar body portion; and wherein the first curved guide track and second curved guide track are formed by the planar body; wherein the second guide plate further comprises: a planar body portion; and wherein the third curved guide track and fourth curved guide track are formed by the planar body (Kramer paragraph [0027] discloses “first and second spaced apart arcuate guides 42 … the arcuate guides 42 include plates 44”, which can be see in an alternative embodiment in Fig. 5 at #’s 82; Kramer Fig. 2 discloses bearings #58 and 62, there are two bearings on each plate).
Claim 14. The hinge assembly of claim 10, comprising: a drive assembly bracket mounted to the head section; a bed frame bracket mounted to the bed frame; an actuation assembly operably connected to the drive assembly bracket and bed frame bracket; and wherein actuation of the actuation assembly moves the head section mounted portion relative to the bed frame assembly mounted portion (Kramer, Fig. 2, #38 discloses an actuator; also see paragraph [0028]; regarding brackets the two ends of the actuator of Kramer are attached to the bed frame with structures that read on Applicant’s brackets; one end of the actuator is attached to bracket #102 seen in Fig. 3, the other end is attached to an unlabeled bracket).
Claim 16. A hinge assembly for use with a bed having a head section (Kramer, Fig. 2) movable with respect to a bed frame assembly (Kramer, Fig. 2, #16), the bed frame assembly including a support member (Kramer, Fig. 2, #16), the hinge assembly comprising: a head section mounted portion (Kramer, Fig. 2, #26), comprising: a first guide plate (Kramer, Fig. 2, #44) extending from a first end to a second end, the guide plate forming: a first curved guide track; and a second curved guide track (Kramer, Fig. 2 discloses slots #50 and #52) adjacent the first curved guide track, wherein the second curved guide track extends from the first end toward the second end and terminating below the first guide track; a bed frame assembly mounted portion, comprising: a first bearing; and a second bearing disposed adjacent the first bearing ; wherein the first bearing is received by the first guide plate first curved guide track; wherein the second bearing is received by the first guide plate second curved guide track (Kramer, Fig. 2, discloses bearings #58 and 62 in the claimed configuration); and wherein the hinge assembly provides angular rotation of the head section relative to the bed frame assembly (Kramer, Figs. 1-2).
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.
Claims 4 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2002/0174487 to Kramer et al. (“Kramer”).
Claim 4. The hinge assembly of claim 3, comprising: wherein the first bearing is disposed above the bed frame assembly support member; and wherein he second bearing is disposed below the bed frame assembly support member (as best understood, Applicant is claiming the configuration seen in Figs. 1 and 13 in which upper bearing #280 is above beam #100/102; Kramer discloses a similar configuration in Fig. 2, in which the bearing #62 is located at the top of beam #16, but not above the beam; however, it would have been an obvious rearrangement of parts to place the support #56 slightly higher such that bearing #62 is located above beam #16 since there does not appear to be any criticality to the claimed location, and it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70).
Claim 17. The hinge assembly of claim 16, comprising: wherein the bed frame assembly mounted portion comprises: a bearing mount forming an upper portion and a lower portion; wherein the upper portion is disposed above the bed frame assembly support member and is adapted for mounting the first bearing; and wherein the lower portion is disposed below the bed frame assembly support member and is adapted for mounting the second bearing; and wherein the upper portion extends through the bed frame assembly support member (as best understood, Applicant is claiming the configuration seen in Figs. 1 and 13 in which upper bearing #280 is above beam #100/102; Kramer discloses a similar configuration in Fig. 2, in which the bearing #62 is located at the top of beam #16, but not above the beam; however, it would have been an obvious rearrangement of parts to place the support #56 slightly higher such that bearing #62 is located above beam #16 since there does not appear to be any criticality to the claimed location, and it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70).
Claim 18. The hinge assembly of claim 17, comprising: wherein the first bearing is mounted to the upper portion by a bearing shaft; and wherein the second bearing is mounted to the lower portion by a bearing shaft (Kramer does not discuss a bearing shaft in conjunction with the bearings, however such a shaft can be seen in Fig. 5, unlabeled, furthermore, Examiner takes Official Notice that bearing shafts are well known in the prior art of bearings and it would have been obvious to one of ordinary skill in the art prior to provide a bearing with an axle, or bearing shaft).
Claims 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2002/0174487 to Kramer et al. (“Kramer”), in view of US Patent 8,997,285 to Bossingham et al. (“Bossingham”).
Claim 9. The hinge assembly of claim 1, comprising: wherein the head section forms a patient support surface; a base connected to the bed frame assembly support member, the base comprising: a ground-contact wheel; an elevation assembly; a mattress at the patient support surface; and wherein the elevation assembly is operably connected to the bed frame assembly support member and the base for raising and lowering the patient support surface (Kramer does not disclose a bed elevation assembly or a ground contact wheel, however these structures are well known in the art of beds, at least at taught by Bossingham Fig. 1 at #26 and 28; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the bed of Kramer with the bed elevation assembly and wheels of the bed of Bossingham for the predictable and obvious benefits of being able to elevate the bed and to move the bed across a ground surface).
Claim 15. The hinge assembly of claim 10, comprising: wherein the head section forms a patient support surface; a base connected to the bed frame assembly support member, the base comprising: a ground-contact wheel; an elevation assembly; a mattress at the patient support surface; and wherein the elevation assembly is operably connected to the bed frame assembly sup-port member and the base for raising and lowering the patient support surface (Kramer does not disclose a bed elevation assembly or a ground contact wheel, however these structures are well known in the art of beds, at least at taught by Bossingham Fig. 1 at #26 and 28; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the bed of Kramer with the bed elevation assembly and wheels of the bed of Bossingham for the predictable and obvious benefits of being able to elevate the bed and to move the bed across a ground surface).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2002/0174487 to Kramer et al. (“Kramer”), in view of US Patent 9,198,521 to Robertson.
Claim 19. The hinge assembly of claim 17, comprising: a frame plate disposed between the first bearing and the bearing mount (Kramer does not disclose details of support bracket #56, however Robertson teaches a similar bed with arcuate slots and associated brackets, and teaches a frame plate at #248 in Fig. 13; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the bed of Kramer with the support bracket of Robertson since doing so would have simply been simple substitution of one known element for another to obtain predictable results).
Claim 20. The hinge assembly of claim 19, comprising: wherein the frame plate forms a top plate for mounting the frame plate to the bed frame assembly support member (Robertson, Fig. 13, top plate is seen at #266).
Conclusion
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, Justin Mikowski can be reached on 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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/MYLES A THROOP/Primary Examiner, Art Unit 3673