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 § 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.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication US2016/0242556A1 hereinafter referred to as Ray. Ray discloses:
As per claim 1 a convertible furniture apparatus (fig. 1A), comprising: a frame 1 fig.1A; and a convertible assembly 2, 3 fig.1A connected to the frame via at least a pair of pivot points 6 fig.1B each connected to respective side panels 10 fig.1A of the frame, the convertible assembly configured to transition between a first position and a second position (see fig.2 & 3) by pivoting about the pivot points, the convertible assembly including, a first assembly 3 fig.3 including a first base 24 fig.3 extending perpendicular to a pair of first side rails (see fig.3) with an upper surface of the first base configured to form a desktop when the convertible assembly is in the first position; and a second assembly 2 including a second base 12 fig.7 extending perpendicular to a second pair of side rails (see fig.1B), a lower surface of the second base being configured to form a backboard (see fig.3) of the desktop when the convertible furniture apparatus is in the first position and an upper surface of the second base is configured to form a middle portion of a sleeping platform when the convertible assembly is in the second position (see fig.1B & 2).
As per claim 2 wherein the second assembly further includes a foldable assembly 13 fig.1B hingably attached to one end thereof and an extension portion 19 fig.7 fixedly attached to another end thereof, the extension portion and the foldable assembly configured to form a headboard and a lower portion of the sleeping platform, respectively.
As per claim 3 wherein the folding assembly includes a pair of legs (see fig.1B and 3) hingably attached thereto, the pair of legs configured to support the lower portion of the sleeping platform when the folding assembly is unfolded while the convertible assembly is in the second position.
As per claim 4 wherein, during the transition between the first position and the second position, the desktop remains level while the middle portion of the sleeping platform pivots 90 degrees (see fig.2 & 3).
As per claim 5 wherein the convertible assembly further comprises: connecting legs (see fig.1B and 3) fixedly attached to a bottom surface of respective ones of the pair of second side rails and rotatably attached to a top surface of respective ones of the pair of first side rails such that the connecting legs pivotally connect the first assembly and the second assembly (see fig.2 & 3).
As per claim 6 wherein the middle portion of the sleeping platform is perpendicular to the desktop when the convertible furniture apparatus is in the first position, and the sleeping platform is to parallel to the desktop when the convertible furniture apparatus is in the second position (see fig.2 & 3).
Claim(s) 1 and 4-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication US2005/0155148A1 hereinafter referred to as Lin. Lin discloses:
As per claim 1 a convertible furniture apparatus (fig. 2), comprising: a frame 10 fig.1; and a convertible assembly 20, 30 fig.1 connected to the frame via at least a pair of pivot points 23 fig.1 each connected to respective side panels 10, 11 fig.1 of the frame, the convertible assembly configured to transition between a first position and a second position (see fig.2 & 4) by pivoting about the pivot points, the convertible assembly including, a first assembly 30 fig.1 including a first base 32 fig.1 extending perpendicular to a pair of first side rails 31, 34 fig.1 with an upper surface of the first base configured to form a desktop when the convertible assembly is in the first position; and a second assembly 20 including a second base 25 fig.1 extending perpendicular to a second pair of side rails 21 fig.1, a lower surface of the second base being configured to form a backboard3 (see fig.2) of the desktop when the convertible furniture apparatus is in the first position and an upper surface of the second base is configured to form a middle portion of a sleeping platform when the convertible assembly is in the second position (see fig.2 & 4).
As per claim 4 wherein, during the transition between the first position and the second position, the desktop remains level while the middle portion of the sleeping platform pivots 90 degrees (see fig.2-5 & [0020-0021]).
As per claim 5 wherein the convertible assembly further comprises: connecting legs 24 fig.1 fixedly attached to a bottom surface of respective ones of the pair of second side rails and rotatably attached to a top surface of respective ones of the pair of first side rails such that the connecting legs pivotally connect the first assembly and the second assembly (see fig.2-5).
As per claim 6 wherein the middle portion of the sleeping platform is perpendicular to the desktop when the convertible furniture apparatus is in the first position, and the sleeping platform is to parallel to the desktop when the convertible furniture apparatus is in the second position (see fig.2-5).
As per claim 7 further comprising: a mechanical assembly including a plate 11 fig.1 secured to a respective one of the side panels of the frame, the plate having a pivot bushing 12 fig.1 extending therefrom defining a respective one of the pivot points, a hook arm 40 fig.1 having a first end 42 fig.1 rotatably connected to the plate and a second end 43 fig.1 rotatably connected a respective one of the pair of first side rails, and a gas lift 50 [0019] configured to transmit a force to the hook arm to counterbalance a weight of the convertible assembly.
As per claim 8 wherein connections between the frame and the convertible assembly form a parallelogram with a shape that adjusts to allow the desktop to remain level while the convertible assembly transitions between the first position and the second position (see fig.2-5).
As per claim 9 further comprising: a binding assembly 26 fig.6 configured to selectively cinch the convertible assembly to the frame, when the convertible assembly is in the first position or the second position.
As per claim 10 wherein, when the binding assembly cinches the convertible assembly to each of the side panels of the frame, the convertible assembly is connected to each of the side panels of the frame at respective ones of the pivot points at which the convertible assembly is free to move relative to the frame and at cinch points 13, 14 fig.1 at which the convertible assembly is restricted from moving relative to the frame [0016 & 0022].
As per claim 11 wherein the cinch points are further from a back panel (see fig.1) of the frame than respective ones of the pivot points (see fig.1).
As per claim 12 wherein, at the cinch points, a gap between the convertible assembly and the side panels of the frame decreases when the binding assembly cinches the convertible assembly to the side panels of the frame [0022].
Claim(s) 1, 4-6 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication US2006/0162066A1 hereinafter referred to as Glattstein. Glattstein discloses:
As per claim 1 a convertible furniture apparatus 9 fig. 1, comprising: a frame 10 fig.1; and a convertible assembly 20, 30 fig.1 connected to the frame via at least a pair of pivot points 27 fig.4 each connected to respective side panels 10 fig.6 of the frame, the convertible assembly configured to transition between a first position and a second position (see fig.1 & 2) by pivoting about the pivot points, the convertible assembly including, a first assembly 30 fig.1 including a first base 33 fig.1 extending perpendicular to a pair of first side rails 31 fig.1 with an upper surface of the first base configured to form a desktop when the convertible assembly is in the first position; and a second assembly 20 including a second base 23 fig.2, 26 fig.1 extending perpendicular to a second pair of side rails 21 fig.2, a lower surface of the second base being configured to form a backboard 26 of the desktop when the convertible furniture apparatus is in the first position and an upper surface of the second base is configured to form a middle portion of a sleeping platform when the convertible assembly is in the second position (see fig.2).
As per claim 4 wherein, during the transition between the first position and the second position, the desktop remains level while the middle portion of the sleeping platform pivots 90 degrees (see fig.1 & 2 and [0086-0087]).
As per claim 5 wherein the convertible assembly further comprises: connecting legs (see fig.9 and 137 fig.11) fixedly attached (via 139 fig.11) to a bottom surface of respective ones of the pair of second side rails and rotatably attached to a top surface of respective ones of the pair of first side rails such that the connecting legs pivotally connect the first assembly and the second assembly (see fig.9 & 11).
As per claim 6 wherein the middle portion of the sleeping platform is perpendicular to the desktop when the convertible furniture apparatus is in the first position, and the sleeping platform is to parallel to the desktop when the convertible furniture apparatus is in the second position (see fig.1 &2 and [0086-0087]).
As per claim 19 further comprising: a gliding device 37, 38 fig.2 vertically attached to inner surfaces of respective ones of the side panels of the frame, the gliding device configured to guide the convertible assembly as the convertible assembly transitions between the first position and the second position by pivoting about the pivot points [0084].
As per claim 20 wherein the gliding device is configured to, guide the first assembly for an entirety of the transition between the first position and the second position, and guide the second assembly for a part of the transition between the first position and the second position (see fig.3-8 and [0084]).
Allowable Subject Matter
Claims 13-18 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 prior art of record individually and/or is combination does not disclose the claimed limitation. In particular “wherein the binding assembly is configured to traverse first through holes in the pair of first side rails to cinch the first assembly to the frame when the convertible furniture apparatus is in the first position, and to traverse second through holes in the pair of second side rails to cinch the second assembly to the frame when the convertible furniture apparatus is in the second position”. For at least that reason these claims are considered in condition for allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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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.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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