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 13-16 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.
In claim 13, the limitation of “optionally, a second middle lateral bar connected to the left middle leg and right middle leg” renders the claim indefinite because the term “optionally” in the claim does not clearly set forth the metes and bounds of the patent protection desired, as it is unclear if the claims would actually require this optional feature.
Claim 14 recites the limitation "the front support" and “the rear support” in lines 2 and 4, respectively. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it is assumed claim 14 was intended to depend from claim 11 introduces the front and rear supports. Claims 15-16 are additionally rejected by virtue of their dependence from claim 14.
Claim Rejections - 35 USC § 102
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 1-5, 8-9, 13, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eskridge (U.S. Patent No. 11,744,380).
Regarding claim 1, Eskridge (U.S. Patent No. 11,744,380) teaches a foldable bed 101 comprising: a front unit 105 comprising a front frame 114, 310, 320 and a front panel 505 and 525 disposed at the front frame 310 and 320 (Figures 1-2 and Col. 8, lines 20-65); a rear unit 106 comprising a rear frame 146, 148, and 120 and a rear panel 512 and 526 disposed at the rear frame 152, 146, 148, and 120 (Figures 1-2 and 14 and 14 and Col. 11, line 46-Col. 12, line 28); and a middle support 104 pivotally connecting the front frame 310 and 320 of the front unit 105 and the rear frame 146, 148, and 120 of the rear unit 106 (Col. 7, line 57-Col. 8, line 3), thereby allowing the front unit 105 and the rear unit 106 to fold and unfold relative to each other (Col. 7, line 57-Col. 8, line 3), wherein: each of the front and rear panels 505, 525 and 512, 526, respectively has a proximal portion (defined by the portions of 310 and 350 adjacent to the middle support 104, Figure 1); when the foldable bed 101 is in an unfolded state (shown in Figure 1), the front and rear panels 505, 525 and 512, 526 are substantially leveled with each other and the proximal portions of the front and rear panels 505, 525 and 512, 526 are disposed adjacent to each other (Figure 1), thereby allowing the front and rear panels 525, 502 and 512, 526 to support a rollable cushion in an unrolled state to enhance comfort (Col. 7, line 57-Col. 8, line 3); and when the foldable bed is in a folded state (shown in Figure 9), an upper portion of the middle support 104, the proximal portion of the front panel 505, 525 and the proximal portion of the rear panel 512, 526 collectively form a groove 103 to accommodate at least a portion of the rollable cushion 102 in a rolled state (Figures 9-11 and 14 and Col. 15, lines 4-28, Col. 16, lines 5-25, while groove 103 discloses the claimed groove, as the claim only requires that the groove be capable of accommodating at least a portion of a rollable mattress, any groove formed by the middle support 104, front panel 505, 525, and rear panel 512, 526 would be sufficient to disclose the groove).
Regarding claim 2, Eskridge discloses the subject matter as discussed above with regard to claim 1. Eskridge further discloses wherein a thickness of the foldable bed 101 in the folded state is substantially the same as a diameter of the rollable cushion 102 in the rolled state (Figures 9-11 and Col. 15, lines 4-28).
Regarding claim 3, Eskridge discloses the subject matter as discussed above with regard to claim 1. Eskridge further discloses wherein a width of the groove 103 is greater than a radius of the rollable cushion 102 in the rolled state, a height of the groove is smaller than the radius of the rollable cushion 102 in the rolled state, or both (Figures 9-11 and Col. 15, lines 4-28, where in the embodiment of Figures 9-11 the groove is greater than a radius of the cushion 102).
Regarding claim 4, Eskridge discloses the subject matter as discussed above with regard to claims 1 and 3. Eskridge further discloses wherein the width of the groove 103 is at least 1.1 times or at least 1.2 times the radius of the rollable cushion 102 in the rolled state (Figures 9-11 and Col. 15, lines 4-28).
Regarding claim 5, Eskridge discloses the subject matter as discussed above with regard to claims 1 and 3. Eskridge does not disclose wherein the height of the groove is at most 0.8 times or at most 0.7 times the radius of the rollable cushion in the rolled state (where the height of the area formed underneath middle support 104 and between panels 505 and 512, see annotated Figure 11, below, would define the groove).
PNG
media_image1.png
782
560
media_image1.png
Greyscale
Regarding claim 8, Eskridge discloses the subject matter as discussed above with regard to claim 1. Eskridge further discloses wherein: the front frame 114, 310 and 320 comprises a first front subframe 320, a second front subframe 310 (Figure 6 and Col. 8, lines 49-65), and a front pivoting/locking mechanism 121 and 122 that pivotally connects the first and second front subframes 310 and 320 to allow folding and unfolding of the first and second front subframes 310 and 320 relative to each other and selectively locks the first and second front subframes to prevent accidental folding of the first and second front subframes 310 and 322 relative to each other (Col. 10, lines 22-40); the front panel 505 and 525 comprises a first front subpanel 525 disposed at the first front subframe 320 and a second front subpanel 505 disposed at the second front subframe 310 (Figure 14 and Col. 16, lines 5-25); the rear frame 152 and 120 comprises a first rear subframe 120, a second rear subframe 146 and 148 and a rear pivoting/locking mechanism 221 and 222 that pivotally connects the first and second rear subframes 120 and 152 to allow folding and unfolding of the first and second rear subframes 146, 148 and 120 relative to each other and selectively locks the first and second rear subframes 146, 148 and 120 to prevent accidental folding of the first and second rear subframes relative to each other (Figure 10 and Col. 13, lines 37-53); and the rear panel 512 and 526 comprises a first rear subpanel 526 disposed at the first rear subframe 120 and a second rear subpanel 512 disposed at the second rear subframe 146, 148 (Figure 14 and Col. 16, lines 5-25).
Regarding claim 9, Eskridge discloses the subject matter as discussed above with regard to claims 1 and 8. Eskridge further discloses wherein each of the first front subpanel 525, the second front subpanel 505, the first rear subpanel 526, and the second rear subpanel is a unitary piece 512 (Figure 14).
Regarding claim 13, Eskridge, as modified, discloses the subject matter as discussed above with regard to claims 1 and 8. Eskridge, as modified, further discloses wherein the middle support further comprises: a first middle lateral bar 362 connected to the left and right middle coupling pieces 104 (see Eskridge, Figure 8); a left middle leg 238 connected to the left middle coupling piece 104, the first middle lateral bar, or both (see Eskridge, Figure 8); a right middle leg 238 connected to the right middle coupling piece 104, the first middle lateral bar, or both (see Eskridge, Figure 8); and optionally, a second middle lateral bar connected to the left middle leg and the right middle leg.
Regarding claim 17, Eskridge discloses the subject matter as discussed above with regard to claim 1. Eskridge further discloses wherein: the front frame 114 and the rear frame 152 are substantially the same as each other and disposed substantially symmetrical to each other (Figures 4 and 9); and the front panel 505 and 525 and the rear panel 512, 526 are substantially the same as each other and disposed substantially symmetrical to each other (Figures 4 and 9).
Regarding claim 18, Eskridge discloses the subject matter as discussed above with regard to claim 1. Eskridge further discloses a foldable bed of claim 1 (see discussion of claim 1, above); and a rollable cushion 102 to be placed on the front and rear panels of the foldable bed 101 when the foldable bed is in the unfolded state (Col. 7, line 57-Col. 8, line 3) and to be accommodated at least in part in the groove of the foldable bed when the foldable bed is in the folded state (Figures 9-11 and 14 and Col. 15, lines 4-28, Col. 16, lines 5-25).
Regarding claim 19 Eskridge discloses the subject matter as discussed above with regard to claim 1. Eskridge further discloses wherein: a width of the rollable cushion 102 is substantially the same as a width of the front or rear panel 505 and 525 or 512, 526 (Figures 9-11); a length of the rollable cushion is substantially the same as a sum of a length of the front panel and a length of the rear panel; a thickness of the rollable cushion is in a range of from about 5 cm to about 10 cm; or any combination thereof (Figures 9-11, where the width of the rollable cushion 102 is the same as the width of the panels 505, 525, 512, and 526).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Roberts (U.S. Patent No. 9,474,383).
Regarding claim 10, Eskridge discloses the subject matter as discussed above with regard to claims 1 and 8-9. Eskridge does not disclose wherein the unitary piece is a monolithic molded plastic panel.
Roberts teaches wherein the unitary piece 100 is a monolithic molded plastic panel (Figures 1 and 3-4 and Col 5, lines 28-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Eskridge with Roberts (both being directed to bed frames) such that the unitary piece is a monolithic molded plastic panel. One of ordinary skill in the art would have been motivated to do so because doing so would merely amount to a simple substation of one known element (the decking of Eskridge) for another (the plastic of Roberts) that would not provide unexpected results as both the materials listed by Eskridge and Roberts for their respective deckings are suitable for supporting an overlying mattress. In this regard, MPEP 2143 and KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) are relevant.
Claims 11 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Eskridge in view of Choi (U.S. Publication No. 2019/0029435), hereinafter referred to as Choi ‘435.
Regarding claim 11, Eskridge discloses the subject matter as discussed above with regard to claims 1 and 8-9. Eskridge further discloses wherein: the front unit 105 further comprises a front support 238 connected to the first front subframe 320 of the front frame (Figures 2-4, where the two legs 238 adjacent subframe 320 define the front support); and the rear unit 106 further comprises a rear support 238 pivotally connected to the first rear subframe 120 of the rear frame (Figures 2-4, where the two legs 238 adjacent subframe 120 define the rear support).
Eskridge does not disclose wherein: the front unit further comprises a front support pivotally connected to the first front subframe of the front frame; and the rear unit further comprises a rear support pivotally connected to the first rear subframe of the rear frame.
Choi ‘435 teaches wherein: the unit further comprises a support 12 pivotally connected to the first subframe of the frame 100 (see annotated Figure 1, below).
PNG
media_image2.png
566
686
media_image2.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Eskridge with Choi ‘435 (both being directed to folding bed frames) such that the front unit further comprises a front support pivotally connected to the first front subframe of the front frame; and the rear unit further comprises a rear support pivotally connected to the first rear subframe of the rear frame. One of ordinary skill in the art would have been motivated to do so because the pivotable supports of Choi ‘435 allow for the legs to be folded along with bed while keeping the bed stable when the legs are unfolded and the bed is in use (paragraph 0042).
Regarding claim 14, Eskridge, as modified, discloses the subject matter as discussed above with regard to claims 1, 8, and 11. Eskridge, as modified, further discloses wherein: the front support 13 is pivotally connected to the first front subframe of the front frame (see Choi ‘435, annotated Figure 1, above, also see Eskridge, Figures 2-4, which disclose subframe 310 and 320) through a lateral bar disposed at the first front subframe of the front frame (see Choi ‘435, annotated Figure 1, above, and paragraph 0042 also see Eskridge, Figures 2-4, which disclose subframe 310 and 320); or the rear support 13 is pivotally connected to the first rear subframe of the rear frame (see Choi ‘435, annotated Figure 1, above, also see Eskridge, Figures 2-4, which disclose subframe 120, 146, 148) through a lateral bar disposed at the first rear subframe of the rear frame (see Choi ‘435, annotated Figure 1, above, also see Eskridge, Figures 2-4, which disclose subframe 120, 146, 148).
Regarding claim 15, Eskridge, as modified, discloses the subject matter as discussed above with regard to claims 1, 8, 11, and 14. Eskridge, as modified, further discloses one or more front adjustable bars 13, each having an end pivotally connected to the front support 12 and another end pivotally connected to the first front subframe of the front frame (see Choi ‘435, annotated Figure 1, above, and paragraph 0042 also see Eskridge, Figures 2-4, which disclose front subframe 310 and 320) to control rotation of the front support with respect to the first front subframe of the front frame (see Choi ‘435, paragraphs 0040-0043); and one or more rear adjustable bars 13, each having an end pivotally connected to the rear support 12 and another end pivotally connected to the first rear subframe of the rear frame (see Choi ‘435, annotated Figure 1, above, also see Eskridge, Figures 2-4, which disclose rear subframe 120, 146, 148) to control rotation of the rear support 12 with respect to the first rear subframe of the rear frame (see Choi ‘435, paragraphs 0040-0043).
Regarding claim 16, Eskridge, as modified, discloses the subject matter as discussed above with regard to claims 1, 8, 11, and 14-15. Eskridge, as modified, further discloses wherein: the front support 12 comprises a pair of front legs and a front leg bar connected to the pair of front legs (see Choi ‘435, annotated Figure 1, above and Eskridge, Figures 2-4 where Eskridge discloses the front and rear support each comprising two legs 238); each of the one or more front adjustable bars 13 is pivotally connected to the front leg bar of the front support 12 and pivotally connected to a peripheral bar of the first front subframe of the front frame (see Choi ‘435, annotated Figure 1, above and Eskridge, Figures 2-4 where Eskridge discloses the front and rear support each comprising two legs 238 and front subframes 310 and 320); the rear support 12 comprises a pair of rear legs and a rear leg bar connected to the pair of rear legs; (see Choi ‘435, annotated Figure 1, above and Eskridge, Figures 2-4 where Eskridge discloses the front and rear support each comprising two legs 238) and each of the one or more rear adjustable bars 13 is pivotally connected to the rear leg bar of the rear support 12 and pivotally connected to a peripheral bar of the first rear subframe of the rear frame (see Choi ‘435, annotated Figure 1, above and Eskridge, Figures 2-4 where Eskridge discloses the front and rear support each comprising two legs 238 and rear subframe 120, 146, 148).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Eskridge in view of Oh (U.S. Publication No. 2016/0302583).
Regarding claim 12, Eskridge discloses the subject matter as discussed above with regard to claims 1 and 8. Eskridge further discloses wherein: the middle support 104 comprises a left middle coupling piece 104 at a left side of the middle support and a right middle coupling piece 104 at a right side of the middle support (Figure 11); each of the left and right middle coupling pieces 104 comprises a first segment and a second segment (the first segment defined by the half of the middle coupling pieces adjacent the front frame, the second segment defined by the half of the middle coupling pieces adjacent the rear subframe).
Eskridge does not disclose each of the left and right middle coupling pieces comprises a first segment and a second segment, each of the second front subframe and the second rear subframe comprises a left peripheral bar pivotally connected to the first segment of the left middle coupling piece and a right peripheral bar pivotally connected to the first segment of the right middle coupling piece; and when the foldable bed is in the unfolded state and in an upright position, the second segment of the left middle coupling piece abuts upwardly the left peripheral bars of the second front subframe and the second rear subframe, and the second segment of the right middle coupling piece abuts upwardly the right peripheral bars of the second front subframe and the second rear subframe.
Oh teaches each of the left and right middle coupling pieces 3 comprises a first segment (defined by the vertical wall comprising pivoting holes 31, Figure 1 and paragraph 0014) and a second segment 32 (Figure 1), each of the second front subframe 11 and the second rear subframe 12 comprises a left peripheral bar 111 and 112 pivotally connected to the first segment of the left middle coupling piece 3 and a right peripheral bar 111 and 112 pivotally connected to the first segment of the right middle coupling piece 3 (Figure 2 and paragraph 0014-0015); and when the foldable bed 1 is in the unfolded state and in an upright position, the second segment 32 of the left middle coupling piece 3 abuts upwardly the left peripheral bars 111 and 112 of the second front subframe 11 and the second rear subframe 12, and the second segment 32 of the right middle coupling piece 3 abuts upwardly the right peripheral bars 111 and 112 of the second front subframe 11 and the second rear subframe 12 (Figure 2 and paragraphs 0014-0015).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Eskridge with Oh (both being directed to folding bed frames) such that each of the left and right middle coupling pieces comprises a first segment and a second segment, each of the second front subframe and the second rear subframe comprises a left peripheral bar pivotally connected to the first segment of the left middle coupling piece and a right peripheral bar pivotally connected to the first segment of the right middle coupling piece; and when the foldable bed is in the unfolded state and in an upright position, the second segment of the left middle coupling piece abuts upwardly the left peripheral bars of the second front subframe and the second rear subframe, and the second segment of the right middle coupling piece abuts upwardly the right peripheral bars of the second front subframe and the second rear subframe. One of ordinary skill in the art would have been motivated to do so because the support edge 32 of Oh support the peripheral bars of the bed frame without allowing them to move or fall down when in the unfolded position (paragraphs 0014-0015).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Eskridge in view of Choi (U.S. Publication No. 2019/0174928), hereinafter referred to as Choi ‘928.
Regarding claim 20, Eskridge discloses the subject matter as discussed above with regard to claim 1. Eskridge further discloses a foldable bed package comprising: a foldable bed of claim 1 (see discussion of claim 1, above); a rollable cushion 102 (Figure 9).
Eskridge does not disclose a box for housing the foldable bed in the folded state and the rollable cushion in the rolled state and accommodated at least partially in the groove of the foldable bed in the folded state.
Choi ‘928 teaches a box 30 for housing the foldable bed in the folded state and the rollable cushion in the rolled state 20 and accommodated at least partially in the groove of the foldable bed 10 in the folded state (Figures 5-6 and paragraph 0030-0031).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Eskridge with Choi ‘928 (both being directed to folding bed frames) and arrived at a box for housing the foldable bed in the folded state and the rollable cushion in the rolled state and accommodated at least partially in the groove of the foldable bed in the folded state. One of ordinary skill in the art would have been motivated to do so because the box of Choi ‘928 secures the bed and the mattress together in a single container during transportation, reducing the occupied space of the bed allowing for more beds to be transported at once (paragraph 0020).
Allowable Subject Matter
Claims 6-7 are 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 6, Eskridge discloses the subject matter as discussed above with regard to claim 1. Eskridge does not explicitly disclose wherein: the front panel comprises a front lip extended downward from at least a portion of an outer edge of the front panel and connected to the front frame; the rear panel comprises a rear lip extended downward from at least a portion of an outer edge of the rear panel and connected to the rear frame; the front lip comprises a left front notch and a right front notch adjacent to the proximal portion of the front panel; the rear lip comprises a left rear notch and a right rear notch adjacent to the proximal portion of the rear panel; the left front notch and the left rear notch are disposed at a left side of the middle support and are substantially symmetrical to each other; the right front notch and the right rear notch are disposed at a right side of the middle support and are substantially symmetrical to each other; when the foldable bed is in the folded state, the left front notch, the left rear notch, the right front notch and the right rear notch collectively assist in accommodating and holding the rollable cushion.
Habchi (U.S. Publication No. 2020/0221879) is cited as being of interest for teaching wherein: the front panel 201 comprises a front lip extended downward from at least a portion of an outer edge of the front panel and connected to the front frame 101; the rear panel 203 comprises a rear lip extended downward from at least a portion of an outer edge of the rear panel 203 and connected to the rear frame 101 (Figures 2 and 5). The lip of Habchi allows for the frame 101 to be flush with the panel when the bed frame is folded, making the bed more compact in the folded condition (Figure 5).
Choi ‘923 (U.S. Publication No. 2016/0316923) is additionally cited as being of interest for disclosing a left front notch 221 and a right front notch 221 adjacent to the proximal portion of the front panel 12; a left rear notch 221 and a right rear notch 221 adjacent to the proximal portion of the rear panel 12 (Figure 2A and paragraph 0079); the left front notch 221 and the left rear notch 221 are disposed at a left side of the middle support 32 and are substantially symmetrical to each other (Figure 2A); the right front notch 221 and the right rear notch 221 are disposed at a right side of the middle support 32 and are substantially symmetrical to each other (Figure 2A). However, Choi ‘923 does not disclose when the foldable bed is in the folded state, the left front notch, the left rear notch, the right front notch and the right rear notch collectively assist in accommodating and holding the rollable cushion. The notches of Choi ‘923 are provided such that when the bed is folded, the ends of the supporting segment are positioned in the notches to reduce the overall thickness of the bed frame (paragraph 0079). This would prevent the notches from being capable of also supporting a rolled mattress in the folded condition, as required by the claims. As such, there is no disclosure, teaching, or suggestion in the prior art of record such that a rejection of claim 6 may be reasonably maintained. Claim 7 is additionally objected to by virtue of its dependence from claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (U.S. Patent No. 6,035,468) which discloses a folding bed which contains a folded-up mattress.
Pinch (U.S. Publication No. 6,032,585) which discloses a folding table comprising a notch on the middle support.
Chen (U.S. Patent No. 4,048,683) which discloses a folding bed, which in the folded position, defines a groove to hold a mattress.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
Prosecution Insights