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 .
Status of the Application
Claims 1-4 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 07/07/2025 has been acknowledged by the Office.
Claim Objections
Claim 1 and 4 are objected to because of the following informalities:
In regards to Claim 1, the following is suggested to modify the possessive noun from the claim language: “a user’s bed” -> “a bed of a user”
In regards to Claim 4, the limitation ‘the distance’ does not include proper primary antecedent basis. Therefore, the limitation is suggested to be modified to include primary antecedent basis of ‘a distance’.
Appropriate correction is required.
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.
(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.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Waite (US 20130292622 A1).
In regards to Claim 1, Waite teaches: A bed rail system (300 - Fig. 3A) comprising: a first vertical member (314a - Fig. 3A); a second vertical member (314b - Fig. 3A); a horizontal cross member coupled to the first vertical member and the second vertical member (330 - Fig. 3A); a light source disposed within the horizontal cross member (334 - Fig. 3B), with the light source facing away from a user's bed (Para 0060: "Each light source 334 of each light element 332 can have a light emitting surface which faces a surface below the light bar 330, e.g., a ground surface, at an angle relative to a vertical line between the light bar and the lower surface.").
In regards to Claim 2, Waite teaches: The bed rail system of claim 1, further comprising a rounded top member coupled to the first vertical member and the second vertical member (312 - Fig. 3A).
In regards to Claim 3, Waite teaches: The bed rail system of claim 2, wherein the rounded top member is monolithically formed with the first vertical member and the second vertical member (Fig. 3A and Para 0058).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Waite (US 20130292622 A1) in view of Miller (US 20150216750 A1).
In regards to Claim 4, Waite teaches: A bed rail system (300 - Fig. 3A) comprising: a first vertical member (314a - Fig. 3A); a second vertical member (314b - Fig. 3A); a rounded top member coupling the first vertical member to the second vertical member (312 - Fig. 3A) and partially circumscribing an inner space defined between the first vertical member and the second vertical member (noting the inner space between 310 and 320); a cross member coupled to the first vertical member and the second vertical member (320 - Fig. 3B); but Waite does not explicitly teach, wherein the distance between the rounded top member and the cross member is spaced to prevent entrapment of a user within the inner space.
Miller teaches: wherein the distance between the rounded top member and the cross member is spaced to prevent entrapment of a user within the inner space (Para 0037: "In the illustrated embodiment, the tubular members 121,131 are substantially horizontal and the fixed spines 126,128 and the adjustable spines 136, 138 are substantially vertical, creating a generally rectangular shape to support rail 110. In alternative embodiments, the support rail 110 may have any shape. Likewise, the support rail 110 may include any number of tubular members 121,131 in any geometric orientation. In some embodiments, the distance between tubular members 121,131 is selected such that a user's head would be unable to fit between the tubular members 121, 131.").
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the bed rail system of Waite to incorporate Miller’s teaching of spacing rail members such that a user’s head is unable to fit between them. Miller expressly teaches selecting the distance between structural members to prevent user entrapment and improve safety. One of ordinary skill in the art would have recognized that applying Miller’s teaching to Waite’s rounded top member and cross member would have predictably prevented a user from becoming entrapped within the inner space defined between the first and second vertical members while retaining the intended function of the bed rail system. The modification would have merely involved selecting an appropriate spacing between existing structural members to achieve the known and predictable benefit of reducing entrapment hazards and improving user safety.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zerhusen (US 9827156 B2) teaches: A person support apparatus with an extendable mattress, a night light message display system, a screen key pendant, egress handle siderails, and various other features. The extendable mattress includes hinged extensions along the sides of the extendable mattress that are moved from a nested position to the extension position. The screen key pendant includes a plurality of screen keys that can be pressed to cycle through various control modes for the person support apparatus. The night light message display system can be configured to display a message or image on the floor communicating information to the person and/or alerting the person as to when they are able to exit the bed.
Xie (CN 204520017 U) teaches: The utility model claims a bed guardrail, comprising two foot, two support frames and a door-shaped guardrail is composed of two vertical rods and a cross rod; the two arm frames are provided between the plate and a mattress, the upper end of the two supporting frames are respectively hinged with two vertical ends; the lower ends of the two supporting frames are hinged with the two foot end, wherein the two support frame is hinged with the two vertical rods are provided with a first locking mechanism on the two supporting frame and two hinged foot rest is provided with a second locking mechanism; the supporting frame is equipped with functional device. a control circuit board, a battery box and a power supply switch and a functional device electrically connected with the battery box through the power switch and controlled by the control circuit board and a functional device comprises an LED lamp, an alarm clock, a music player at least one. The utility model, on the original protective functions of bed guardrail enriches the additional function of product, does not need other auxiliary buy function product, reduce economic burden of family and is beneficial for market popularization.
Craig (GB 2594251 A) teaches: A bed rail with LED lights comprising a bed rail 10 which is covered by a material bumper cover 2 having at least one LED light strip 1 provided and its various display functions controlled by a remote controller (6, Figure 2). Power is provided by a power pack (8, Figure 3) and a wire lead (12, Figure 6). The rail may further comprise a light cover material (7, Figure 3) and a power pack pocket 4. The rail may also comprise a channel. The strip may be located to the upper top edge of the bumper cover, fitted into a rectangular opening in the material layer of the top edge of the cover. The light cover material may cover the strip and may be sewn under a rectangular opening of the bumper cover. In a further embodiment, the strip is inserted within a channel to the upper top edge of the rail. In an additional embodiment, the strip is directly attached to the upper top edge of the rail surface via adhesive. In this embodiment the power wire and power to the power pack may be inserted within the surface of body of the rail to the power pack.
Batley (WO 2018156032 A1) teaches: The invention relates to a side rail for a care bed. The side rail may comprise an electronic user interface located on an interface support that is able to attach to and detach from the side rail. The user interface includes one or more inputs to control operation of the bed. Optionally, the user interface is a membrane keypad and may be curved to be located on a curved edge of the side rail.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (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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MADISON MATTHEWS
Primary Examiner
Art Unit 3673
/MADISON MATTHEWS/Primary Examiner, Art Unit 3673
05/29/2026
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