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 § 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 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 3,146,469 to Slade in view of U.S. Pat. No. 3,534,417 to Boyles.
Claim 1-2, Slade discloses a mattress 12 comprising a body having side walls (14,16, 18,20) that define an external perimeter of the mattress; the body being formed of at least two sections, the at least two sections defined by an upper body and lower body ends that having upper and lower portions that are integrally formed to extend laterally across the body so as to support different regions of the individual's body wherein the at least two sections have an internal configuration defined by filler blocks that are independent from each other and are separated from each other along a top and a side surface thereof, each of the filler blocks are contained within the external perimeter of the mattress and each comprise a top cover that collectively form a top surface of the mattress upon which the individual is supported, top cover of each filler block does not extend across other sections such that the collectively formed top surface of the mattress is not continuous along a length of the mattress (col. 1-2 lines 69-72 & 1-5), wherein the side walls of the body of the mattress are formed from the side walls of the upper and lower body sections to form a continuous side wall extending about the external perimeter of the mattress (fig. 1). Slade is silent to a section having a different predetermined elasticity/firmness setting to another section. Boyles discloses a plurality of sections with layers of support material each having a different elasticity/firmness setting to another section (col. 1-2 lines 10-68 & 1-16). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the plurality of sections having different degrees firmness settings in Boyles in the mattress of Slade with a reasonable expectation of success because it would have allowed the user to provide a selectable degree of firmness to either a horizontal surface area, the intermediate portions, or midportions of the plurality of sections in the mattress of Slade (col. 1 lines 41-65).
Claim 4, Slade, as modified, discloses the mattress wherein the top cover for each of the body sections and filler block sections are separated from each other by way of a gap and groove that extends therebetween (fig. 1-2).
Claim 5, Slade discloses the mattress wherein the mattress comprises three sections, a top section, a middle section and a lower section capable of supporting the various parts of a person's body (fig. 1).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 3,146,469 to Slade in view of U.S. Pat. No. 3,534,417 to Boyles, and further in view of U.S. Pub. No. 2007/0094808 to Jansen.
Claims 6-7, McEntire discloses the mattress, but is silent to a top cover formed from fabric or a quilted panel. Jansen discloses an outer cover designed in the style of a quilt [0028]. Selecting from a plethora of known fabric design styles and materials is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select a quilted design and fabric material for the top outer covers of Slade with a reasonable expectation of success because it would have improved the aesthetic effect of the top side of the mattress of Slade [0028].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 4-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 4,719,656 to Godinet discloses a mattress having a top surface that is not continuous.
U.S. Pat. No. 5,070,560 to Wilkinson discloses a mattress having a top surface that is not continuous.
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.
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 FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/ Primary Examiner, Art Unit 3679
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