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 § 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) 1-2, and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,751,507 to Edge in view of U.S. Pat. No. 7,240,385 to Brown.
Claim 1 Edge disclose an apparatus comprising a stationary bracket defined by mounting means (72), which comprises at least one sheet metal member defined by a strut 28 the strut member being capable of being arranged along a width direction or a length direction of the adjustable headboard bracket; a movable bracket defined by a pivotal mounting means 74, which is rotatably connected to the stationary mounting means; a linear actuator defined by piston and cylinder device 66 connecting the movable mounting means and the stationary mounting means; at least one connecting member defined by a connecting means 18, the connecting means comprising a connecting portion defined by a first part 40 and a mounting portion defined by a second part 42, the second part being connected to a first end of the first part and capable of being mounted to an existing bed frame 14, a second end of the first part is slidably connected via rollers (32,34) to the strut member along a length direction of the sheet metal member, the first part being capable of adjusting a distance between the second part and the strut member; a guiding mechanism defined by an elongate member 22, which is connected between the connecting portion and the sheet metal member, and the first part and the strut member being capable of rotating relative to each other around the guiding mechanism. Edge is silent to piston and cylinder device driving the movable bracket to rotate relative to the stationary bracket. Brown discloses a linear actuator 5. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the linear actuator disclosed in Brown with the device of Edge with a reasonable expectation of success because it would have provided an equivalent and alternative means to pivot the apparatus of Edge.
Claim 2, Edge discloses the apparatus further comprising two supporting portions, wherein the two supporting portions defined by attachment holes and bolts are arranged respectively on an upper side and a lower side of the strut member along the length direction wherein the bolts and fasteners are connected to the strut member, and abut against the strut member when a gravity of the apparatus is loaded onto the existing bed frame.
Claim 9, Edge discloses the apparatus wherein the elongate member 22 defines a hollow tube/groove with a square cross section (fig. 1,4A,4B).
Claim 10, Edge discloses the apparatus wherein the apparatus comprises a plurality of sheet metal members defined by two back rest devices, and two connecting members are respectively arranged on opposite sides along the length direction of each sheet metal member (fig. 5).
Claim 11, Edge discloses the apparatus wherein a connecting end of the stationary mounting means is connected to a supporting frame 14 extending downwards and inclined towards a free end of the stationary bracket, and a mounting point is formed on the supporting frame (fig. 2); the linear actuator of Brown comprises an actuator body 51 and a driving end 52 that reciprocates axially relative to the actuator body, the driving end is rotatably connected to one of a movable bracket and a mounting point, and the actuator body is rotatably connected to a left one of the movable bracket and the mounting point (fig. 3).
Allowable Subject Matter
Claims 3-8 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 3,931,653 to Bien discloses an adjustable backrest
U.S. Pat. No. 5,937,459 to Binaghi et al. discloses an adjustable lifting device.
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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