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 .
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.
Claim 5 is 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. It is noted that Claim 5 sets forth a density of not greater than about 190 kg/m3. As written, it is unclear if the claimed range incorporates the lower limit for density set forth in independent Claim 1. For the purposes of examination, Claim 5 will be interpreted as setting forth the polyurethane foam has a density of at least 120 kg/m3 and not greater than about 190 kg/m3.
Allowable Subject Matter
Claims 1 – 4, 6, 7, 9 – 13, 15, 16, and 18 – 20 are allowed.
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: the amendments to the claims filed February 10, 2026 have overcome all outstanding rejections of Claims 1 – 4, 6, 7, 9 – 13, 15, 16, and 18 – 20, namely the rejections under 35 U.S.C. 112 (d) and 35 U.S.C. 103.
With specific respect to the prior art, the subject matter of Claim 9 has been incorporated into each independent claim. This subject matter was already indicated to be allowable over the prior art for the reasons detailed in the Office action of November 10, 2025.
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.”
Response to Arguments
Applicant's arguments filed February 10, 2026 have been fully considered. The Office responds as follows:
Rejections Under 35 U.S.C. 112(b)
With respect to the rejection of Claim 5 under 35 U.S.C. 112(b), applicant argues that a person of ordinary skill in the art would readily understand that Claim 5 narrows the upper bound of the density, while maintaining the lower bound of at least 120 kg/m3. However, the Office has maintained this rejection. Claim 5 sets forth the polyurethane foam has a density of not greater than about 190 kg/m3. This creates the issue of indefiniteness as written, as no lower limit for the density is set forth. It is then unclear if the claim necessarily incorporates the lower limit of at least 120 kg/m3 set forth in the instant claim or if the claim is instead setting a polyurethane foam have any density in the recited range of not greater than 190 kg/m3.
Rejections Under 35 U.S.C. 112(d)
The Office agrees that the amendment to Claim 6 overcomes the outstanding rejection under 35 U.S.C. 112(d). Accordingly, this rejection has been withdrawn.
Rejections Under 35 U.S.C. 103
The Office agrees that the amendments to the claims overcome all outstanding rejections under 35 U.S.C. 103. Accordingly, all outstanding rejections under 35 U.S.C. 103 have been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA RIOJA whose telephone number is (571)270-3305. The examiner can normally be reached Monday - Friday 10:00 am - 6:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Lanee Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MELISSA A RIOJA/Primary Examiner, Art Unit 1764