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 filed 7/28/2025 have been fully considered but they are not persuasive. Applicant’s arguments relate to the Mason reference, which is no longer being used as the primary reference in the current rejection.
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, 5-7, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhanpurawala (US Patent Application Publication 20170071360) in view of McCann (US Patent 20050223667) further in view of McMahan (US Patent 10582793) further in view of Healy (US Patent 20080229507) further in view of Gilhooly (US Patent 4213214).
Regarding claim 1, Bhanpurawala teaches a mattress (title), comprising: a first layer (Figure 3; 306) comprising a plurality of coils (Paragraph 85); a second layer (Figure 3; 308) over at least a portion of the first layer and having a substantially constant thickness, the second layer comprising a foam (Paragraph 85); an elastomeric cushioning element (Paragraph 85 “the flexible top layer 308 is provided with a layer of a gel pad on its upper surface) over at least a portion of the second layer, wherein the elastomeric cushion is adjacent the second layer (Paragraph 85 and Figure 3; 308, 308 is the second layer and the gel pad is provided on the top surface of the second layer 308). Bhanpurawala does not teach the elastomeric cushion comprising a plasticizer-extended block copolymer and the elastomeric cushioning element including a plurality of interconnected walls defining an array of voids that extend from an upper surface to a lower surface of the elastomeric cushioning element, a stabilizer on the lower surface of the elastomeric cushioning element; and an adhesive between the stabilizer and the second layer, and a single-piece outer covering encasing the first layer, the second layer, the elastomeric cushion, and the stabilizer. McCann teaches the elastomeric cushioning element including a plurality of interconnected walls defining an array of voids that extend from an upper surface to a lower surface of the elastomeric cushioning element (Figure 1; walls 4 and 6, and voids 2). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McCann (directed to a mattress for pressure point reduction with a gel layer that has buckling columns) and arrived at a mattress with a gel layer that has buckling columns. One of ordinary skill in the art would have been motivated to make such a combination in order to allow "pressure to flow away from the areas of greatest pressure to areas of lesser pressure. This provides an improved cushioning surface on which a user can sit, sleep, or other types of cushioning can be provided." (McCann Paragraph 7). Bhanpurawala and McCann do not teach the elastomeric cushion comprising a plasticizer-extended block copolymer, a stabilizer on the lower surface of the elastomeric cushioning element; and an adhesive between the stabilizer and the second layer, and a single-piece outer covering encasing the first layer, the second layer, the elastomeric cushion, and the stabilizer. McMahan teaches a stabilizer on the lower surface of the elastomeric cushioning element (Column 5; lines 1-5 and lines 24-37); and an adhesive (Column 5; line 4 and lines 57-60) between the stabilizer and the second layer. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McCann (directed to a mattress for pressure point reduction with a gel layer that has buckling columns) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and arrived at a mattress with a gel layer that has buckling columns and a stabilizer. One of ordinary skill in the art would have been motivated to make such a combination in order to "assist the gel member in adhering to the molded foam member" McMahan lines 48-50). Bhanpurawala and McCann and McMahan do not teach the elastomeric cushion comprising a plasticizer-extended block copolymer, and a single-piece outer covering encasing the first layer, the second layer, the elastomeric cushion, and the stabilizer. Healy teaches the elastomeric cushion comprising a plasticizer-extended block copolymer (Paragraph 17 describes a gel layer between foam layers in a mattress where the gel layer contains a plasticizer-extended block copolymer). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McCann (directed to a mattress for pressure point reduction with a gel layer that has buckling columns) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and arrived at a mattress with a gel layer that has buckling columns and a stabilizer including a plasticizer-extended block copolymer. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Bhanpurawala, and McCann and McMahan and Healy do not teach and a single-piece outer covering encasing the first layer, the second layer, the elastomeric cushion, and the stabilizer. Gilhooly teaches a single-piece outer covering encasing the first layer, the second layer, the elastomeric cushion, and the stabilizer (Figure 1; 12). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McCann (directed to a mattress for pressure point reduction with a gel layer that has buckling columns) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and arrived at a mattress including a cover with a gel layer that has buckling columns and a stabilizer including a plasticizer-extended block copolymer. One of ordinary skill in the art would have been motivated to make such a combination so that "The mattress is inexpensive and durable and offers individualized support and improved comfort" (Gilhooly Abstract).
Regarding claim 2, Bhanpurawala teaches the elastomeric cushion is an uppermost cushion of the mattress (Figure 3; top of 308; as shown and Paragraph 85).
Regarding claim 5, Gilhooly teaches the outer covering encases the first layer, the one or more side panels, the second layer, and the elastomeric cushioning element (Figure 1; 12). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McCann (directed to a mattress for pressure point reduction with a gel layer that has buckling columns) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer- extended block copolymer) and Gilhooly (directed to a mattress with a cover) and arrived at a mattress including a cover with a gel layer that has buckling columns and a stabilizer including a plasticizer-extended block copolymer. One of ordinary skill in the art would have been motivated to make such a combination so that "The mattress is inexpensive and durable and offers individualized support and improved comfort" (Gilhooly Abstract).
Regarding claim 6, Bhanpurawala teaches the second layer comprises a polyurethane foam (Paragraph 85).
Regarding claim 7, Bhanpurawala does not teach the elastomeric cushioning element comprises a grid of interconnected walls defining hollow buckling columns. McCann teaches the elastomeric cushioning element comprises a grid of interconnected walls defining hollow buckling columns (Figure 1; walls/columns 4 and 6, and voids 2). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McCann (directed to a mattress for pressure point reduction with a gel layer that has buckling columns) and arrived at a mattress with a gel layer that has buckling columns. One of ordinary skill in the art would have been motivated to make such a combination in order to allow "pressure to flow away from the areas of greatest pressure to areas of lesser pressure. This provides an improved cushioning surface on which a user can sit, sleep, or other types of cushioning can be provided." (McCann Paragraph 7).
Regarding claim 11, Bhanpurawala teaches a base layer (Figure 3; 302) beneath the coil layer.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhanpurawala (US Patent Application Publication 20170071360) in view of McCann (US Patent 20050223667) further in view of McMahan (US Patent 10582793) further in view of Healy (US Patent 20080229507) further in view of Gilhooly (US Patent 4213214) in view of An (US Patent 7757322).
Regarding claim 4, Bhanpurawala, as modified, does not teach one or more side panels extending around outer perimeters of the first layer and the second layer. An teaches one or more side panels extending around outer perimeters of the first layer and the second layer (Figure 18; 11). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McCann (directed to a mattress for pressure point reduction with a gel layer that has buckling columns) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer- extended block copolymer) and Gilhooly (directed to a mattress with a cover) and An (drawn to a modular mattress with pocketed coils) and arrived at a mattress with a cover and gel layer that has buckling columns and a stabilizer including a plasticizer- extended block copolymer and a structure including pocketed coils. One of ordinary skill in the art would have been motivated to make such a combination "to provide a mattress having replaceable parts for easy maintenance of the bed and mattress and use for a prolonged period of time." (An Column 1; lines 65-67)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhanpurawala (US Patent Application Publication 20170071360) further in view of McMahan (US Patent 10582793) further in view of Healy (US Patent 20080229507) further in view of Gilhooly (US Patent 4213214).
Regarding claim 8, Bhanpurawala teaches a mattress, comprising: a coil layer (Figure 3; 306 and Paragraph 85) comprising an array of coils; a foam layer (Figure 3; 308 and paragraph 85) over the coil layer, the foam layer including a lower surface oriented toward the coil layer and an upper surface oriented away from the coil layer and having a substantially constant thickness (Figure 3; 308 as shown); an elastomer layer (Paragraph 85 “the flexible top layer 308 is provided with a layer of a gel pad on its upper surface”) over the upper layer including a lower surface oriented toward the foam layer and an upper surface oriented away from the foam layer, wherein the gel elastomer layer is adjacent the foam layer (Paragraph 85 and Figure 3; 308, 308 is the foam layer and the gel pad is provided on the top surface of the second layer 308). Bhanpurawala does not teach the elastomer layer comprising a plasticizer-extended block copolymer, a stabilizer on the lower surface of the elastomer layer; and an adhesive between the stabilizer and the foam layer, and a single-piece outer covering encasing the first layer, the second layer, the gel elastomeric cushion, and the stabilizer. McMahan teaches a stabilizer on the lower surface of the elastomer layer (Column 5; lines 1-5 and lines 24-37); and an adhesive (Column 5; line 4 and lines 57-60) between the stabilizer and the foam layer. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilize and scrim) and arrived at a mattress with a gel layer that a scrim and a stabilizer. One of ordinary skill in the art would have been motivated to make such a combination in order to "assist the gel member in adhering to the molded foam member" McMahan lines 48-50). Bhanpurawala and McMahan do not teach the elastomer layer comprising a triblock copolymer, and a single-piece outer covering encasing the first layer, the second layer, the gel elastomeric cushion, and the stabilizer. Healy teaches the elastomer layer comprising a plasticizer-extended block copolymer (Paragraph 17 describes a gel layer between foam layers in a mattress where the gel layer contains a plasticizer-extended block). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and arrived at a mattress with a gel layer that has a scrim and a stabilizer including a plasticizer-extended block copolymer. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Bhanpurawala, and McMahan and Healy do not teach and a single-piece outer covering encasing the first layer, the second layer, the elastomeric cushion, and the stabilizer. Gilhooly teaches a single-piece outer covering encasing the first layer, the second layer, the elastomeric cushion, and the stabilizer (Figure 1; 12). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer-extended block copolymer. One of ordinary skill in the art would have been motivated to make such a combination so that "The mattress is inexpensive and durable and offers individualized support and improved comfort" (Gilhooly Abstract).
Claim(s) 9-10, and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhanpurawala (US Patent Application Publication 20170071360) further in view of McMahan (US Patent 10582793) further in view of Healy (US Patent 20080229507) further in view of Gilhooly (US Patent 4213214) in view of An (US Patent 7757322).
Regarding claim 9, Bhanpurawala, as modified, does not teach the array of coils comprises individually wrapped coils. An teaches the array of coils comprises individually wrapped coils (Figure 19, 10c, as shown). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and An (drawn to a modular mattress with pocketed coils) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer-extended block copolymer and a structure including coil springs. One of ordinary skill in the art would have been motivated to make such a combination "to provide a mattress having replaceable parts for easy maintenance of the bed and mattress and use for a prolonged period of time." (An Column 1; lines 65-67)
Regarding claim 10, Bhanpurawala, as modified, does not teach each coil of the array of coils is disposed within a first polypropylene bag and the first polypropylene bag is disposed within a second polypropylene bag. An teaches each coil of the array of coils is disposed within a first bag and the first bag is disposed within a second bag (Figure 11, the pockets are disposed within second bag 32). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and An (drawn to a modular mattress with pocketed coils) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer-extended block copolymer and a structure including coil springs. One of ordinary skill in the art would have been motivated to make such a combination "to provide a mattress having replaceable parts for easy maintenance of the bed and mattress and use for a prolonged period of time." (An Column 1; lines 65-67)
Regarding claim 12, Bhanpurawala, as modified, does not teach at least one side panel surrounding an outer periphery of the coil layer. An teaches at least one side panel surrounding an outer periphery of the coil layer (Figure 18; 11). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and An (drawn to a modular mattress with pocketed coils) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer-extended block copolymer and a structure including coil springs. One of ordinary skill in the art would have been motivated to make such a combination "to provide a mattress having replaceable parts for easy maintenance of the bed and mattress and use for a prolonged period of time." (An Column 1; lines 65-67)
Regarding claim 13, Bhanpurawala, as modified, does not teach the base layer, the at least one side panel, and the foam layer encase the coil layer, dampening sound from the coil layer. An teaches the base layer, the at least one side panel, and the foam layer encase the coil layer, dampening sound from the coil layer (The foam and padding materials used to surround the springs in An, and the layers in Bhanpurawala when applied to Bhanpurawala, would necessarily dampen sound from those springs). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer- extended block copolymer) and Gilhooly (directed to a mattress with a cover) and An (drawn to a modular mattress with pocketed coils) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer-extended block copolymer and a structure including coil springs. One of ordinary skill in the art would have been motivated to make such a combination "to provide a mattress having replaceable parts for easy maintenance of the bed and mattress and use for a prolonged period of time." (An Column 1; lines 65-67)
Regarding claim 14, Bhanpurawala as modified, does not teach a cover over the base layer, the coil layer, the foam layer, the at least one side panel, and the elastomer layer. Gilhooly teaches a cover over the base layer, the coil layer, the foam layer, the at least one side panel, and the elastomer layer (Figure 1; 12). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer- extended block copolymer. One of ordinary skill in the art would have been motivated to make such a combination so that "The mattress is inexpensive and durable and offers individualized support and improved comfort" (Gilhooly Abstract).
Regarding claim 15, Bhanpurawala, as modified, and An do not teach a maximum sound level of about 45 decibels. However it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cushioning material's properties (such as specific type of foam/cushioning, density, thickness, etc.)to allow a maximum sound level of 40 or 45 decibels in order to reduce irritation to the user from the squeaking of the springs, and because doing so is simply optimization and the optimization of proportions in a prior art device is a design consideration within the skill of the art. In re Reese, 290 F.2d 839, 129 USPQ 402 (CCPA 1961).
Regarding claim 16, Bhanpurawala, as modified, and An do not teach a maximum sound level of about 40 decibels. However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cushioning material's properties (such as specific type of foam/cushioning, density, thickness, etc.)to allow a maximum sound level of 40 or 45 decibels in order to reduce irritation to the user from the squeaking of the springs, and because doing so is simply optimization and the optimization of proportions in a prior art device is a design consideration within the skill of the art. In re Reese, 290 F.2d 839, 129 USPQ 402 (CCPA 1961).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhanpurawala (US Patent Application Publication 20170071360) further in view of McMahan (US Patent 10582793) further in view of Healy (US Patent 20080229507) further in view of Gilhooly (US Patent 4213214) in view of Rensink (US Patent Application Publication 20110173757)
Regarding claim 17, Bhanpurawala, as modified, does not teach the foam layer has a thickness of about 0.5 inch to about 1 inch. Rensink teaches the foam layer has a thickness of about 0.5 inch to about 1 inch (Figure 4 shows a gel layer 120 above layer 138 which according to paragraph 35 "layer 138 may be constructed using any of the padding materials described herein, including polyurethane foam, visco foam, latex and the like.". Paragraph 45 states, "for visco-elastic layers, the thickness will typically be in the range from about 0.5 inch to about 8 inches. For latex foams, the thicknesses will generally be in the range from about 0.5 inch to about 6 inches, and for polyurethane foams, the thickness will typically be in the range from about 0.25 inch to about 15 inches."). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and Rensink (drawn to a mattress with a foam layer between .5 inches to 8 inches thick) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer-extended block copolymer and a foam layer .5 to 8 inches thick. One of ordinary skill in the art would have been motivated to make such a combination because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Claim(s) 18-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhanpurawala (US Patent Application Publication 20170071360) further in view of McMahan (US Patent 10582793) further in view of Healy (US Patent 20080229507) further in view of Gilhooly (US Patent 4213214) in view of Cremer (US Patent 4685727).
Regarding claim 18, Bhanpurawala, as modified does not teach, the upper surface of the foam layer is porous to enable the elastomer layer to adhere to the upper surface of the foam layer. Cremer teaches the upper surface of the foam layer is porous to enable the elastomer layer to adhere to the upper surface of the foam layer (Column 2; lines 55-65 discuss that an open pore foam material is good for connecting with another material by gluing). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and Cremer (drawn to a mattress with a porous foam layer) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer- extended block copolymer and a porous foam layer. One of ordinary skill in the art would have been motivated to make such a combination to allow for connection with covering material by gluing or lamination (Cremer Column 2; lines 55-60).
Regarding claim 19 Bhanpurawala, as modified, does not teach the stabilizer on the lower surface of the elastomer layer comprises a scrim fabric. McMahan teaches the stabilizer on the lower surface of the elastomer layer comprises a scrim fabric (Column 5; lines 1-5 and lines 24- 37). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilize and scrim) and arrived at a mattress with a gel layer that a scrim and a stabilizer. One of ordinary skill in the art would have been motivated to make such a combination in order to "assist the gel member in adhering to the molded foam member" McMahan lines 48-50).
Regarding claim 20, Bhanpurawala, as modified, does not teach an elastomeric material of the elastomer layer secures the scrim fabric in place at the lower surface. McMahan teaches an elastomeric material of the elastomer layer secures the scrim fabric in place at the lower surface (Column 5; lines 25-29). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilize and scrim) and arrived at a mattress with a gel layer that a scrim and a stabilizer. One of ordinary skill in the art would have been motivated to make such a combination in order to "assist the gel member in adhering to the molded foam member" McMahan lines 48-50).
Regarding claim 21, Bhanpurawala, as modified, does not teach the scrim fabric enables the elastomer layer to adhere to the upper surface of the foam layer. McMahan teaches teach the scrim fabric enables the elastomer layer to adhere to the upper surface of the foam layer (Column 5; line 4 and lines 57-60 and Column 4; lines 47-50). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilize and scrim) and arrived at a mattress with a gel layer that a scrim and a stabilizer. One of ordinary skill in the art would have been motivated to make such a combination in order to "assist the gel member in adhering to the molded foam member" McMahan lines 48-50).
Regarding claim 22, Bhanpurawala, as modified, does not teach the lower surface of the foam layer is porous to enable the foam layer to adhere to the coil layer. Cremer teaches the lower surface of the foam layer is porous to enable the foam layer to adhere to the coil layer (Column 2; lines 55-65 discuss that an open pore foam material is good for connecting with another material by gluing). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer- extended block copolymer) and Gilhooly (directed to a mattress with a cover) and Cremer (drawn to a mattress with a porous foam layer) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer-extended block copolymer and a porous foam layer. One of ordinary skill in the art would have been motivated to make such combination to allow for connection with covering material by gluing or lamination (Cremer Column 2; lines 55-60).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhanpurawala (US Patent Application Publication 20170071360) further in view of McMahan (US Patent 10582793) further in view of Healy (US Patent 20080229507) further in view of Gilhooly (US Patent 4213214) further in view of Mason (US Patent Application Publication 20140325763).
Regarding claim 23, Bhanpurawala does not teach the elastomer layer is superimposed with a central location of the foam layer but not with peripheral portions of the foam layer. Mason teaches the elastomer layer is superimposed with a central location of the foam layer but not with peripheral portions of the foam layer (Figures 1 and 2, elastomer layer 2 is not on the edges of foam layer 3, as shown). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Bhanpurawala (directed to a mattress with a gel layer) and McMahan (directed to a foam and gel layered cushioning mat including a stabilizer) and Healy (directed to a mattress including a gel layer comprising a plasticizer-extended block copolymer) and Gilhooly (directed to a mattress with a cover) and Mason (directed to a mattress with a perimeter around the gel layer) and arrived at a mattress including a cover with a gel layer that has a stabilizer including a plasticizer-extended block copolymer and an empty perimeter. One of ordinary skill in the art would have been motivated to make such a combination “so as to define gaps that are suitable for allowing air to pass through them” (Mason Paragraph 9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN J MCCLURE whose telephone number is (571)270-0362. The examiner can normally be reached Tuesdays 12pm-10pm and Thursdays 12pm-10pm.
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/MORGAN J MCCLURE/Examiner, Art Unit 3673
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