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 .
Response to Arguments
Applicant’s arguments, particularly the argument that “the Examiner’s proposed combination improperly rearranges Guo’s explicitly taught sequence”, filed April 20, 2026, with respect to claims 1 and 6 (and therefore associated claims) have been fully considered and are persuasive. The rejection of claims 1-3, 6, 11-13, 15, 16, 18, and 20-22 has been withdrawn.
However, upon further consideration, the format of claim 1, and its dependent claims, are improper and require a rejection under 35 USC 112(b).
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 1-3, 11, 15, 16, 18, 21, 23, and 24 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.
Claim 1 recites a “mattress” which is considered a claim to the statutory category of a product. Claim 1 also contains the method of packing by “placing…vacuum compressing…folding…and rolling…”. A claim that recites both an apparatus and the method steps of using the apparatus is indefinite under 35 USC 112(b) (see MPEP 2173.05(p)). The claim is indefinite as the line of infringement is not clear; the claim creates confusion as to if infringement occurs when the system is created that is capable of being packing in such a way or whether infringement occurs when the packing is actually done.
Claim 11 is rejected for a similar reasoning. Furthermore, the method steps recited in claim 1 are not steps to “form” a mattress. Rather they are steps to package a mattress which further renders the scope of the claim indefinite.
Claims 2, 3, 12, 13, 15, 16, 18, 21, 23, and 24 are rejected as depending from a rejected indefinite claim.
Allowable Subject Matter
Regarding independent claim 1 and claim 11, and their dependent claims, it is unclear if the claims are allowable over the art given the amendments that would be needed to address the issues above.
Claims 6, 20, 22, and 25 are allowed.
Reasons For Allowance
The following is an examiner’s statement of reasons for allowance: JP 2020001828A teaches a method of packing a mattress as claimed, particular the claimed order of compressing, folding, and then rolling, but fails to teach the structural limitations of the mattress. Mantzis et al US Patent Application Publication 2012/0102658 teaches a mattress that comprises two pocket coil sections as claimed, but fails to teach the compressible strip of material as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARA SCHIMPF whose telephone number is (571)270-7741. The examiner can normally be reached Monday-Friday 7:30am - 3:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Fristoe can be reached at (571) 272-4926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676
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