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.
Claim 2 is 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.
Claim 2 recites the limitation "the middle bar". There is insufficient antecedent basis for this limitation in the claim.
Claims 3-18 are rejected due to dependance upon a rejected base claim.
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(s) 1 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2014/0366267 to Suh in view of U.S. Pub. No. 2020/0397147 to Ren et al.
Claim 1, Suh discloses a foldable bed, comprising a support assembly comprising a first and a second support structure (11,15) pivotally connected to each other; and a plurality of bed sections including a plurality of support bars disposed on the support assembly comprising back support defined by a torso section (16,17) having a plurality of bars 20 and a first seat section 21 having support bars 20, a back lifting assembly comprising a back lifting bracket 60 pivotally connected to the first support structure and abutting against the torso section (fig. 7-9), and a back lifting actuator 50 pivotally connected between the back lifting bracket and the first support structure wherein in operation, the back lifting actuator drives the back lifting bracket to pivotally move in an upward rotating direction or a downward rotating direction relative to the first support structure, which in turn drives the back board to elevate or reline along the hinged end so as to adjust the torso section in desired positions [0028]; and wherein when the first support structure and the second support structure are folded, the plurality of bed sections are capable of being folded at the same time, thereby folding the foldable bed in a folded state [0033](fig. 3). Suh is silent to a plurality of bed boards. Ren discloses a plurality of bed boards comprising a back platform 2 and a first seat board defined by a waist platform 6 hinged to the back board and fixed upon a first support structure. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the back and seat platforms disclosed in Ren with the support structure of Suh with a reasonable expectation of success because it would have allowed the back and the seat platform to move into positions that are more comfortable for the user’s back [0070].
Claim 19, Suh, as modified, discloses the foldable bed wherein the back board or Ren has an opening (3,4,5,16).
Allowable Subject Matter
Claims 2-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 6,076,210 to Wu discloses an adjustable bed that is capable of being folded.
U.S. Pat. No. 8,091,165 to Mossbeck discloses an adjustable bed having a bracket abutting a back board.
U.S. Pub. No. 2015/0107024 to Xu disclose an adjustable bed having a bracket abutting a back board.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3679
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