Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claims 1-20 are pending in the application. No newly added claims presented. No canceled claims.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-7 and 11-19 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US Patent Publication US2011/0265268A1 hereinafter referred to as Scarleski in view of US Patent 7,849,533 hereinafter referred to as Receveur.
Scarleski disclose:
Re-Claim 1
A cover 20, 22 fig.5 that can be used to facilitate maneuvering of a mattress supported by a foundation, “[0040] The present invention relates to system for facilitating rotation of a top mattress in a horizontal plane” the cover comprising: a horizontal panel 24, 26 fig.3, the horizontal panel having a first side and an opposing side (see fig.5), the first side including a slick surface “[0040] One cover is provided with a slick and non-slick side. The other cover is provided with at least one slick side and may have two slick sides.”, the horizontal panel being configured to be disposed between an underside of the mattress and a top side of the foundation (see fig.5 & 6); an attachment device 32, 34 fig.3 “[0043] The bands 32, 34 can be formed from the same material as the panels 24, 26 and secured to the mattress 28 and box spring or platform 30 by way of a drawstring (not shown) or other attachment method.” for securing the horizontal panel relative to the mattress or alternatively to the foundation, wherein in a first mode of operation the attachment device secures the horizontal panel relative to one of the underside of the mattress or the top side of the foundation, with the first side being in contact with the one of the underside of the mattress or the top side of the foundation in which the horizontal panel is secured, and in a second mode of operation, the attachment device secures the horizontal panel to the other one of the underside of the mattress or the top side of the foundation to facilitate maneuvering of the mattress with respect to the foundation (see fig.7 & 8 “[0019] FIG. 7 is a partial side elevational view of the embodiment illustrated in FIG. 6, shown with one of the covers installed on the mattress and the other cover installed over the bed skirt on the box spring illustrating a rotate configuration in which both slick surfaces are in contact with each other while the bed skirt is held in place. [0020] FIG. 8 is similar to FIG. 7 but shown with both covers installed on the mattress, illustrating a normal configuration in which a non slick surface of the bottom cover is in contact with the surface of the bed skirt.”.
However does not discloses a horizontal panel 24, 26 fig.3 formed from at least two layers of material wherein in a second mode the opposite side being in contact with the other one of the underside of the mattress or the top side of the foundation to which the horizontal panel is secured.
Receveur teaches a cover 34 fig.1, the cover comprising: a horizontal panel 36 fig.1 formed from at least two layers of material 48, 50 fig.4, 60, 62 fig.8, the horizontal panel having a first side and an opposing side, the first side including a slick surface [column 3 lines 36-40 “The exterior side 82 of the inner layer is the mattress side 42, 46 of the fitted sheet. The exterior side of the inner layer top portion 78, exhibits relatively low friction.”]; and an attachment device 38 fig.14 for securing the horizontal panel; wherein in a second mode of operation (see fig.14 & 15) the cover facilitates maneuvering of an object, with the opposite side being in contact with the other one of the underside of the mattress or the top side of the foundation to which the horizontal panel is secured.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have combined the mattress spinner of Scarleski and the transfer device of Receveur having a horizontal panel formed for at least two layers and with a reasonable expectation of success arrived at a mattress spinner having a horizontal panel having at least two layers. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of having inner side of the layers face each other and exhibit relatively low friction with respect to each other, allowing those interior sides to easily slide relative to each other using a single cover as taught in Receveur [column 3 lines 46-49].
Re-Claim 2
Scarleski as modified by Receveur above discloses,
Scarleski discloses wherein the opposing side has a non-slick surface [0040].
Re-Claim 3
Scarleski as modified by Receveur above discloses,
Receveur discloses wherein the horizontal panel includes a first layer of material 40 fig4-6 and a second layer of material 42 fig.4-6, the first layer of material having an outer side 70 fig.7 that forms the first side of the horizontal panel.
Re-Claim 4
Scarleski as modified by Receveur above discloses,
Receveur discloses wherein the second layer of material has an outer side 70, 84 fig.7 & 8 and an inner side 72, 82 fig.7 & 8, and a non-slick surface on at least a portion of the outer side “[column 3 lines 29-31 & 42-45]“The exterior side 70 of the outer layer is the occupant side 40, 44 of the fitted sheet and therefore exhibits high friction…..The frictional properties of the inner layer may vary as a function of sheet thickness t such that the friction increases from the exterior side 82 toward the interior side 84.”.
Re-Claim 5
Scarleski as modified by Receveur above discloses,
discloses wherein the attachment device is at least partially formed from an elastic material “[0134] The bands or side panels 32, 34 can also be formed from an elastic material, for example, spandex and other stretchable materials, such as mesh or an elastic band and attached to the panels 24, 26 respectively, for example, by sewing.” Scarleski & “[column 2 lines 58-60] Part or all of the sheet may be slightly elastic to ensure that the sheet fits snugly and securely on the mattress.” Receveur.
Re-Claim 6
Scarleski as modified by Receveur above discloses,
Scarleski discloses wherein the attachment device includes at least one band [0043].
Re-Claim 7
Scarleski as modified by Receveur above discloses,
Receveur discloses wherein the horizontal panel includes a first layer of material 62 and a second layer of material 60, the second layer of material having an outer side 70 that forms the opposing side of the horizontal panel, and wherein the second layer of material includes a non-slick surface on at least a portion of the outer side [column 3 lines 29-31].
Re-Claim 11
Scarleski as modified by Receveur above discloses,
Scarleski discloses wherein is least a portion of the attachment device is made from an elastic band [0043].
Re-Claim 12
Scarleski as modified by Receveur above discloses,
Receveur discloses wherein at least a portion of one or more sides of the one or more side panels are formed with a non-slick surface (see fig.7 the non-slick and slick portions extend to the side panels [column 3 lines 29-31]).
Re-Claim 13
Scarleski as modified by Receveur above discloses,
wherein the attachment device is formed as a continuous piece of material (see fig.14 there are not breaks or separations present in the skirt 38 Receveur).
Re-Claim 14
Scarleski as modified by Receveur above discloses,
Scarleski discloses wherein the attachment device is discontinuous (see fig. 23a-24c).
Re-Claim 15
Scarleski as modified by Receveur above discloses,
Receveur discloses wherein the horizontal panel includes a first layer 62 of material and a second layer of material 60, the first layer and second later being attached to each other at one or more attachment points 90, 92 fig.11 [column 3 lines 50-54] “FIGS. 9-11 show how the inner layer 62 is stitched to the outer layer 60 near the layer edges. The stitching forms a continuous seam 90 along the head and foot ends of the sheet (FIGS. 9 and 11) The layers are spot stitched 92 to each other along the left and right sides (FIGS. 10 and 11).”.
Re-Claim 16
Scarleski disclose a cover 20, 22 fig.5 that can be used to facilitate maneuvering of a mattress supported by a foundation [0040], where the foundation is covered by a bed skirt 36 fig.6, the cover comprising: a horizontal panel 24, 26 fig.3, the horizontal panel having a first side and an opposing side (see fig.5), the first side including a slick surface “[0040] One cover is provided with a slick and non-slick side. The other cover is provided with at least one slick side and may have two slick sides.”, the horizontal panel being configured to be disposed between an underside of the mattress and a top side of the bed skirt covering the foundation (see fig.5 -10) so that the first side of the horizontal panel is in contact with an underside of the mattress; an attachment device 32, 34 fig.3 “[0043] The bands 32, 34 can be formed from the same material as the panels 24, 26 and secured to the mattress 28 and box spring or platform 30 by way of a drawstring (not shown) or other attachment method.” for securing the horizontal panel relative to the mattress or alternatively to the bed skirt and the foundation, wherein in a first mode of operation the attachment device secures the horizontal panel relative to the underside of the mattress, and in a second mode of operation, the attachment device secures the horizontal panel and the bed skirt to the foundation (see fig.7 -10).
However does not discloses a horizontal panel 24, 26 fig.3 formed from at least two layers of material.
Receveur teaches a cover 34 fig.1, the cover comprising: a horizontal panel 36 fig.1 formed from at least two layers of material 48, 50 fig.4, 60, 62 fig.8, the horizontal panel having a first side and an opposing side, the first side including a slick surface “[column 3 lines 36-40] The exterior side 82 of the inner layer is the mattress side 42, 46 of the fitted sheet. The exterior side of the inner layer top portion 78, exhibits relatively low friction.”; and an attachment device 38 fig.14 for securing the horizontal panel.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have combined the mattress spinner of Scarleski and the transfer device of Receveur having a horizontal panel formed for at least two layers and with a reasonable expectation of success arrived at a mattress spinner having a horizontal panel having at least two layers. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of having inner side of the layers face each other and exhibit relatively low friction with respect to each other, allowing those interior sides to easily slide relative to each other as taught in Receveur [column 3 lines 46-49].
Re-Claim 17
Scarleski as modified by Receveur above discloses,
wherein at least a portion of the opposing side has a non-slick surface (see abstract Receveur).
Re-Claim 18
Scarleski as modified by Receveur above discloses,
Receveur discloses wherein the horizontal panel includes a first layer of material 62 and a second layer of material 60, the first layer of material having an outer side 82 fig.7 & 8 that forms the first side of the horizontal panel.
Re-Claim 19
Scarleski as modified by Receveur above discloses,
Receveur discloses wherein the second layer of material has an outer side 70 fig.7 & 8 and an inner side 72 fig.7 & 8, and a non-slick surface on at least a portion of the outer side [column 3 lines 29-31].
Claims 8-10 and 20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Scarleski as modified by Receveur above further in view of US Patent 8,245,333 hereinafter referred to as Hamilton.
Re-Claim 8
Scarleski as modified by Receveur above discloses the claimed apparatus however does not disclose wherein the attachment device includes one or more side panels, wherein at least a portion of the one or more side panels and at least a portion of the horizontal panel overlap.
Hamilton teaches a horizontal panel 10 fig.2 attached to an attachment device 12B, 12F, 14R, 14L fig.2 wherein the attachment device includes one or more side panels 12B, 12F, 14R, 14L, wherein at least a portion of the one or more side panels and at least a portion of the horizontal panel overlap (see fig.5A & 5B).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the transfer device of Scarleski as modified by Receveur and the sheet arrangement of Hamilton wherein the side panel and horizontal panel overlap and with a reasonable expectation of success arrived at a transfer device arranged so the horizontal and side panels overlap. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of securing the panels together as taught in Hamilton [column 3 lines 28-32].
Re-Claim 9
Scarleski as modified by Receveur and Hamilton above discloses,
wherein at least a portion of the one or more side panels extends and overlaps at least a portion of the horizontal panel (see fig.5A Hamilton).
Re-Claim 10
Scarleski as modified by Receveur and Hamilton above discloses,
wherein a portion of the horizontal panel extends and overlaps a portion of the one or more side panels (see fig.5B Hamilton).
Re-Claim 20
Scarleski as modified by Receveur and Hamilton above discloses,
wherein the attachment device includes one or more side panels, wherein a portion of the one or more side panels and a portion of the horizontal panel overlap (see fig.5A & 5B Hamilton).
Response to Arguments
Applicant's arguments filed 01/08/2026 have been fully considered but they are not persuasive. Applicant argues it would not be obvious to combine the prior arts of Scarleski and Receveur because the low friction side of the covers of Scarleski and Receveur are on opposite sides of the cover. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the teaching of Receveur would result in a single cover being used replacing the two covers of Scarleski. The single cover of Receveur would be placed between the mattress and foundation same as the two covers Scarleski. When the cover is folded towards the foundation in a first mode of operation maneuvering the mattress and foundation is not possible. In a second mode of operation where the cover is folded upwardly towards the mattress maneuvering of the mattress and foundation is possible. Based on the combination the low friction surface being on different sides of the prior art does not impact the combination.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3673
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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