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 Amendments and Arguments
The amendments filed November 7, 2025 have been entered. Claim 1 has been amended. Claims 8 and 22 have been cancelled. Claims 1-21 and 23-24 are currently pending in the application.
Applicant’s arguments with respect to the previous rejection of claim 19 under 35 U.S.C. 112(a) have been fully considered and are persuasive, as, as such, this rejection of claim 19 has been withdrawn. It is noted that claim 19 remains rejected under 35 U.S.C. 103 as discussed in detail below.
Applicant argues, on pages 7-8 of Applicant’s remarks, that the previously cited prior art of Bosstick (U.S. Patent No. 7,845,718) does not sufficiently disclose the newly amended subject matter in claim 1 of the compactable mattress comprising an underside shape corresponding to a predetermined arrangement surface comprising a loading surface of a vehicle in combination with a surface of a downwardly folded rear seat. However, new rejections of claim 1 and its dependent claims have been entered, with the cited art of Wang (Patent Publication No. CN 107539183 A) in view of Bosstick, where Wang explicitly discloses an inflatable mattress comprising an underside shape corresponding to a predetermined arrangement surface comprising a loading surface of a vehicle in combination with a surface of a downwardly folded rear seat, as shown in Figures 1-2 of Wang and discussed in further detail below.
Claim Interpretation
It is noted that claim 23 requires all of the limitations of claim 1 and is thereby limited to a method of manufacture to only mattresses comprising all of the limitations recited in claim 1.
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.
Claims 1-7, 9, 13-15, 18, 20, 21, 23, and 24 rejected under 35 U.S.C. 103 as being unpatentable over Wang (Patent Publication No. CN 107539183 A) in view of Bosstick.
Regarding claim 1, Wang discloses a compactable mattress configured for use on a predetermined arrangement surface (Figures 1-2), wherein the compactable mattress comprises: a support layer 2 and 3 for supporting on the predetermined arrangement surface (defined by the loading surface of the rear of the vehicle and backseat which the mattress lies upon, Figure 2), the support layer 2, 3 formed by surface features (defined by the contours of 2 and 3, Figure 2); and a comfort layer 4 for providing comfort for lying to a person (Figure 1), the comfort layer 4 being configured to be arranged at the support layer 2 and 3, wherein: the support layer 2, 3 is provided with a predetermined underside shape for substantially shape adjustable arrangeability relative to the predetermined arrangement surface (Figure 2), the predetermined arrangement surface comprising a loading surface of a vehicle in combination with a surface of a downwardly folded rear seat (Figure 2), the support layer 2, 3 is provided with a predetermined topside shape for arranging the comfort layer 4 thereof (Figure 1), and the support layer is transformable between a state of use and a compacted state (paragraph 0040, state of use being defined by the inflated state and compacted state being defined by the deflated state).
Wang does not disclose wherein the comfort layer comprises a foam element.
Bosstick teaches wherein the comfort layer 33 comprises a foam element (Col. 6, line 65-Col. 7, line 9 where top layer 33 comprises memory foam 71).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Wang with Bosstick (both being directed to a compactable mattress to be supported by the seats of a vehicle) such that the comfort layer comprises a foam element. One of ordinary skill in the art would have been motivated to do so because the memory foam provides a uniform softness to the bed surface while still allowing the bed frame to be moved into a compacted state (Col. 4, line 15-24).
Regarding claim 2, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses wherein the topside shape of the support layer 2, 3 is flat (Figures 11 and 13).
Regarding claim 3, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses wherein the comfort layer 33 is transformable between the state of use (see Bosstick, Figures 7 and 20) and the compacted state (see Bosstick, Figure 22).
Regarding claim 4, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses where the support layer 2, 3 is inflatable by means of a gas or wherein the comfort layer is inflatable by means of a gas (see Wang, paragraph 0040, and also see Bosstick, Col. 6, lines 22-32 where the support layer 28 is inflatable), or wherein the comfort layer 33 comprises a compressible foam layer (see Bosstick, Col. 6, line 65-Col. 7, line 9 where top layer 33 comprises memory foam 71).
Regarding claim 5, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, does not explicitly disclose wherein the support layer is provided with contour definition means defining the predetermined underside shape of the support layer relative to the topside shape in the state of use, the contour definition means comprising a separation wall, a spacer, a web or a wraparound element.
Bosstick teaches wherein the support layer 28 is provided with contour definition means 48 defining the predetermined underside shape (defined by the shape of top panel 54) of the support layer 33 relative to the topside shape in the state of use (Figure 20), the contour definition means comprising a separation wall 46, a spacer, a web, or a wraparound element (Figures 11-13 and Col. 6, lines 45-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have further combined Wang, as modified, with Bosstick (both being directed to a compactable mattress to be supported by the seats of a vehicle) such that the support layer is provided with contour definition means defining the predetermined underside shape of the support layer, the contour definition means comprising a separation wall, a spacer, a web or a wraparound element. One of ordinary skill in the art would have been motivated to do so because the baffles of Bosstick provide the air mattress with structural strength while helping maintain the shape of the support layer in the inflated state (Col. 6, lines 7-44).
Regarding claim 6, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses wherein the support layer 2, 3 comprises at least one air chamber defining the predetermined underside shape of the support layer 2, 3 (see Wang, paragraph 0040 where the support layer 2, 3 is inflatable), the support layer 2, 3 further comprising a support layer topside (defined by the top of layer 2, 3 which supports the comfort layer 4, see Wang, Figure 1) defining the predetermined topside shape (see Wang, Figure 1), a support layer 2, 3 underside defining the underside shape (see Wang, Figures 1-2), and at least one shape definition member 1 (see Wang, Figures 1-2).
Regarding claim 7, Wang, as modified, discloses the subject matter as discussed above with regards to claims 1 and 6. Wang, as modified, further discloses wherein the support layer 2, 3 comprises a combination of air chambers 2, 3 (wherein each of 2 and 3 comprise independent air chambers, see Wang, paragraphs 0040-0044) adjacent to each other, the combination of air chambers 2, 3 being arranged for shaping of the support layer 2, 3 with the predetermined topside shape and the predetermined underside shape in combination thereof (see Wang, Figures 1-2 and paragraphs 0040-0044).
Regarding claim 9, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses comprising a tick encasing the comfort layer 23 and 24 or encasing the comfort layer and the support layer (see Bosstick, Figures 4-6 and Col. 5, lines 50-60, where the pads 23 and 24 of comfort layer 33 are have fabric coverings).
Regarding claim 13, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, does not explicitly disclose wherein an encasing of the support layer configured to provide dimensional stability relative to the shape adjustable arrangeability comprises substantially non-stretchable materials as wall material or as reinforcement of wall material.
Bosstick teaches wherein an encasing of the support layer 28 configured to provide dimensional stability relative to the shape adjustable arrangeability comprises substantially non-stretchable materials as wall material or as reinforcement of wall material (Col. 6, lines 45-51, where the support layer may be formed of polymer materials adapted to be used in air mattresses).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have further combined Wang, as modified, with Bosstick (both being directed to a compactable mattress to be supported by the seats of a vehicle) such that an encasing of the support layer comprises substantially non-stretchable materials as wall material or as reinforcement of wall material. One of ordinary skill in the art would have been motivated to do so because the materials of Bosstick provide the air mattress with sufficient structural strength to support an overlying user while helping maintain the shape of the support layer in the inflated state (Col. 6, lines 7-51).
Regarding claim 14, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses wherein the support layer 2, 3 comprises a front side support part 1 for the purpose of supporting against a front side of a folded down rear seat (see Wang, Figures 1-2), a topside 5 thereof forming a part of the topside shape (see Wang, Figures 1-2).
Regarding claim 15, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses wherein in a top side view, the mattress has a shape fitting in a contour shape at the location of the arrangement surface (the arrangement surface defined by the loading surface of the rear of the vehicle and backseat which the mattress lies upon, see Wang, Figure 2).
Regarding claim 18, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses wherein the topside shape (defined by the shape of the uppermost side of support layer 2, 3, see Wang, Figures 1-2) is defined such that during use the topside shape is arranged horizontally relative to gravity (see Wang, Figures 1-2).
Regarding claim 20, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses wherein in the compacted state (see Wang, paragraph 0040 where the mattress can be deflated and see Bosstick, Figure 22), the compactible mattress comprises a shape configured to allow the compactible mattress to be arranged in a storage space of a vehicle (see Wang, paragraph 0040-0044 and Bosstick, Col. 2, lines 16-19, Figure 22).
Regarding claim 21, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses comprising crease lines or folding lines 26 for folding of the mattress 21 there along during transfer of the mattress between the state of use and the compacted state (see Bosstick, Figures 20-22 and Col. 5, line 50-Col. 6, line 6).
Regarding claim 23, Wang, as modified discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, further discloses a method for manufacturing a compactable mattress according to claim 1 (see discussion of claim 1, above), determining or receiving of the shape of a predetermined arrangement surface (defined by the loading surface of the rear of the vehicle and backseat which the mattress lies upon, Figure 2) for placement thereof of the support layer 2 and 3 of the compactable mattress (see Wang, Figures 1-2 and paragraph 0034), determining or receiving of the shape of an underside shape of the support layer 2 and 3 (see Wang, Figures 1-2 and paragraphs 0015 and 0034), determining or receiving of the shape of the support layer including a topside shape in the state of use (see Wang, paragraph 0027), determining or receiving of contour definition means 58 defining the predetermined underside shape of the support layer relative to the topside shape in the state of use (see Bosstick, Col. 2, lines 23-30, where the support layer provides a flat surface for a user to lie down on and a flat surface to fill the space between adjacent seats, Col. 6, lines 54-55 and Figure 12, where baffles 58 provide structural section 57 and attach the top surface and bottom surface of the support layer together) and/or determining of a shape of a combination of air chambers (see Wang, paragraphs 0015 and 0034); determining of the support layer 2 and 3 on the bases of the determined shape of the arrangement surface (defined by the loading surface of the rear of the vehicle and backseat which the mattress lies upon, see Wang, Figure 2), the determined shape of the underside shape (see Wang, Figure 2 and paragraphs 0015 and 0034), the determined shape of the support layer including topside shape in the state of use and the determined contour definition means (see Wang, paragraphs 0015 and 0034 and see Bosstick, Col. 3, lines 62-67, Col. 5, lines 62-63, Col. 6, lines 1-6, and Col. 8, lines 18-23 which discuss how the various dimensions of compactable mattress 21 are selected, and see Bostick, Col. 2, lines 23-30, where the support layer provides a flat surface for a user to lie down on and a flat surface to fill the space between adjacent seats).
Regarding claim 24, Wang, as modified, discloses the subject matter as discussed above with regard to claims 1 and 23. Wang, as modified, further discloses the steps of assembling the comfort layer 4 (see Wang, Figures 1-2 and paragraphs 0032-0034); and joining the support layer 33 and the comfort layer 28 (see Bosstick, Figures 4-6 and Col. 5, lines 50-53).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Bosstick and further in view of Blakely (U.S. Patent No. 11,202,514).
Regarding claim 10, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, does not disclose comprising a control layer for providing of aeration and/or moisture regulation.
Blakely teaches a control layer 140 for providing of aeration and/or moisture regulation (Col. 11, lines 27-36 and Figure 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Wang, as modified, (directed to an inflatable sleeping arrangement) with Blakely (directed to a mattress topper) and arrived at a control layer for providing of aeration and/or moisture regulation. One of ordinary skill in the art would have been motivated to do so because the control layer of Blakely is able to keep a mattress from overheating (Col. 13, lines 43-50).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Bosstick and further in view of Metzger (U.S. Publication No. 2005/0000025).
Regarding claim 11, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, does not disclose fastening means for mutually fastening the support layer relative to the comfort layer, the fastening means comprising friction means preventing lateral movement, hook and loop means, cord, pushbuttons, and/or a zipper.
Metzger teaches fastening means 25 and 24 for mutually fastening the support layer 5 relative to the comfort layer 6, the fastening means comprising friction means preventing lateral movement, hook and loop means 25 and 24, cord, pushbuttons, and/or a zipper (Figure 5A and paragraph 0033).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Wang, as modified, (directed to an inflatable sleeping arrangement) with Metzger (directed to an inflatable mattress with a pillow top) and arrived at fastening means for mutually fastening the support layer relative to the comfort layer, the fastening means comprising friction means preventing lateral movement, hook and loop means, cord, pushbuttons, and/or a zipper. One of ordinary skill in the art would have been motivated to do so because the fastening means of Metzger provide means to prevent movement of the comfort layer relative to the support layer when in use, while allowing for the removal of the comfort layer for cleaning or to change out the comfort layer according to user preference (paragraphs 0025 and 0032)
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Bosstick and further in view of Seago (U.S. Publication No. 2008/0078029).
Regarding claim 12, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, does not disclose a cover layer of stretchable material at the topside of the comfort layer.
Seago teaches a cover layer 1 of stretchable material at the topside of the comfort layer 5 (paragraph 0030 and Figure 2, where top panel 3 may comprise a stretchable knit cotton).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Wang, as modified, (directed to an inflatable sleeping arrangement) with Seago (directed to a fitted sheet) and arrived at a cover layer of stretchable material at the topside of the comfort layer. One of ordinary skill in the art would have been motivated to do so because the stretchable cover of Seago protects a bed in the manner of a fitted sheet (paragraph 0001) while being able to be used with mattress of various thicknesses (paragraph 0031).
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Bosstick and further in view of Boso (U.S. Publication No. 2003/0188388).
Regarding claim 16, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, does not explicitly disclose an air pump for pumping air into the support layer and/or comfort layer for transformation thereof to the state of use and/or pumping of air out of the support layer and/or the comfort layer for transforming thereof to the compacted state.
Boso teaches an air pump 16 for pumping air into the support layer 14 and/or comfort layer for transformation thereof to the state of use and/or pumping of air out of the support layer 14 and/or the comfort layer for transforming thereof to the compacted state (paragraph 0025).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Wang, as modified, (directed to an inflatable sleeping arrangement) with Boso (directed to an inflatable mattress) and arrived at an air pump for pumping air into the support layer and/or comfort layer for transformation thereof to the state of use and/or pumping of air out of the support layer and/or the comfort layer for transforming thereof to the compacted state. One of ordinary skill in the art would have been motivated to do so because the air pump of Boso is able to automatically fill the inflatable chamber of the support layer and monitor the pressure within the support layer to maintain a desired level of pressure within the support layer (paragraph 0025).
Regarding claim 17, Wang, as modified, discloses the subject matter as discussed above with regard to claims 1 and 16. Wang, as modified, comprising distribution means 6 for distribution of an input and/or an output of air between the support layer 2, 3 and/or the comfort layer 4 (see Wang, Figure 1 and paragraphs 0044-0045).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Bosstick and further in view of Heck (Patent Publication No. DE 4401503 A1)
Regarding claim 16, Wang, as modified, discloses the subject matter as discussed above with regard to claim 1. Wang, as modified, does not disclose a width ratio relative to the arrangement surface of one third relative to two thirds or a width ratio of 40% relative to 60%, when seen in a top view.
Heck teaches a width ratio relative to the arrangement surface of one third relative to two thirds or a width ratio of 40% relative to 60%, when seen in a top view (see Heck, Figures 2-3 and paragraphs 0003 and 0032, where the inflatable mattress covers each side, passenger and driver sides, individually, which would result in a width ratio of 50% of the arrangement surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Wang, as modified, with Wang (both being directed to an inflatable mattress for a vehicle) such that the compactable mattress comprises a width ratio relative to the arrangement surface of one third relative to two thirds or a width ratio of 40% relative to 60%, when seen in a top view. One of ordinary skill in the art would have been motivated to do so because the size of the mattress of Heck allows for one passenger to recline while leaving the other side of the car free (paragraph 0003).
Conclusion
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/ALISON N LABARGE/Examiner, Art Unit 3673
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679