DETAILED ACTION
This office action is in response to the remarks and amendments filed on 1/29/2026. Claims 1, 3-7 and 10-23 are pending. Claims 1, 3-7 and 10-23 are rejected.
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
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 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 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 of this title, 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, 3-7, and 10-23 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,661,932 to Codos in view of US Patent Application Publication 2019/0029438 to Moon et al. (“Moon”).
Claim 1. A mattress assembly, comprising: a base layer (Codos, Fig. 1, #52); a coil layer (Codos, Fig. 1, #58 or Fig. 4, #38) disposed over the base layer, the coil layer comprising a plurality of pocketed coils (Codos, Fig. 5), a pocketed coil of the plurality of pocketed coils including: a coil (Codos, Fig. 5, #20); a coil topper comprising a cushioning material over the coil (Codos, Fig. 5, #32 discloses a cushioning material as a coil topper); and a casing (Codos, Fig. 5, #38) packaging the coil and the coil topper together; and an elastomeric cushioning layer (Codos, Fig. 1, #54, or Fig. 3 #53) disposed directly over the coil layer and extending at least partially across the plurality of pocketed coils, the elastomeric cushioning layer comprising a stabilizing material (a stabilizing material is otherwise known in the art as a scrim sheet; Codos does not discuss a scrim sheet however their use is well known in the art, as taught by Moon in paragraph [0027], it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide a scrim sheet on the elastomeric cushioning layer as taught by Moon “to provide a surface for adhering (e.g., gluing) the elastomeric cushion member 116 to surrounding materials”) on a bottom surface of the elastomeric cushioning layer to couple to an upper surface of the coil layer (Moon paragraph [0027]), the elastomeric cushioning layer comprising an elastomeric gel defining a plurality of interconnected walls defining an array of voids (Codos does not teach an elastomeric cushioning element that comprises “a plurality of interconnected walls defining an array of voids,” but does disclose in paragraph various types of foam cushioning material in column 6, lines 14-38; while Codos does not teach details of the elastomeric cushioning layer, such details are known in the prior art, as taught by Moon, which teaches an elastomeric layer #116 in Fig. 1, and teaches in paragraphs [0026] that the layer may comprise buckling walls, voids, and columns; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the cushioning member #116 of Moon in place of cushioning layer #53 or 54 of Codos since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results, and furthermore using the layer of Moon would have provide the predictable benefit of optimizing a user’s comfort; furthermore, the invention of Codos is directed toward the goal of improved air flow in the mattress, see at least Fig. 12; and providing a porous material, such as disclosed by Moon would further this goal; see also Codos column 8, lines 27-61) the
Claim 3. The mattress assembly of claim 1, wherein the elastomeric cushioning layer or a stabilizing material on [[a]] the bottom surface of the elastomeric cushioning layer adheres to the upper surface of the coil layer (this is the purpose of the scrim sheet of Moon, see Moon paragraph [0027]).
Claim 4. The mattress assembly of claim 3, wherein air can flow through the coil layer, the elastomeric cushioning layer, and any stabilizing material on the elastomeric cushioning layer contacts an upper surface of the coil layer (Codos, column 8, lines 54-61: “it would be possible to locate attachment member 152 above cushion pockets 36”; also see Moon paragraph [0027]).
Claim 5. The mattress assembly of claim 1, wherein the coil topper comprises a foam (Codos, column 6, lines 14-38).
Claim 6. The mattress assembly of claim 5, wherein the coil topper further comprises an elastomeric gel over the foam (Codos, column 6, lines 14-38, also see Moon paragraph [0026]).
Claim 7. The mattress assembly of claim 1, wherein the coil topper comprises an elastomeric gel (Moon paragraph [0026]).
Claim 10. The mattress assembly of claim [[9]] 1, wherein the stabilizing material on [[a]] the bottom surface of the is a scrim fabric, and wherein at least a portion of the elastomeric gel defining the plurality of interconnected walls is fused into the scrim fabric (Moon paragraph [0027]: “portions of the gel material may be heat fused through the stabilizing material”).
Claim 11. The mattress assembly of claim [[10]] 1, further comprising an upper layer of the stabilizing material on an upper surface of the cushion (in addition to Codos column 8, lines 39-61, see Moon Fig. 2 #114 is above and below layer #116, as are layers #112 and #118).
Claim 12. A mattress assembly, comprising: a base layer (Codos, Fig. 1, #52); a coil layer (Codos, Fig. 1, #58 or or Fig. 4, #38) disposed over the base layer, the coil layer comprising a plurality of pocketed coils Codos, Fig. 5), a pocketed coil of the plurality of pocketed coils including: a coil (Codos, Fig. 5, #20);a coil topper (Codos, Fig. 5, #32) comprising a cushioning material over the coil; and a casing (Codos, Fig. 5, #38) packaging the coil and the coil topper together; (Moon, Fig. 1, #116; see discussion above with respect to claim 1 regarding the combination of Codos and Moon) a cushioning layer comprising a plurality of interconnected walls defining an array of voids (Codos does not teach “a cushioning layer” that comprises “a plurality of interconnected walls defining an array of voids,” but does disclose in paragraph various types of foam cushioning material in column 6, lines 14-38; while Codos does not teach details of the elastomeric cushioning layer, such details are known in the prior art, as taught by Moon, which teaches an elastomeric layer #116 in Fig. 1, and teaches in paragraphs [0026] that the layer may comprise buckling walls, voids, and columns; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the cushioning member #116 of Moon in place of cushioning layer #53 or 54 of Codos since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results, and furthermore using the layer of Moon would have provide the predictable benefit of optimizing a user’s comfort; furthermore, the invention of Codos is directed toward the goal of improved air flow in the mattress, see at least Fig. 12; and providing a porous material, such as disclosed by Moon would further this goal; see also Codos column 8, lines 27-61) and a stabilizing material on a bottom surface of the cushioning layer to directly couple to an upper surface of the coil layer (a stabilizing material is otherwise known in the art as a scrim sheet; Codos does not discuss a scrim sheet however their use is well known in the art, as taught by Moon in paragraph [0027], it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide a scrim sheet on the elastomeric cushioning layer as taught by Moon “to provide a surface for adhering (e.g., gluing) the elastomeric cushion member 116 to surrounding materials”), the cushioning layer and the coil layer arranged with at least some voids of the array of voids of the cushioning layer being at least partially aligned with gaps between pocketed coils of the plurality of pocked coils of the coil layer to enable airflow through an entire thickness of an assembly of the coil layer and the cushioning layer (Codos is directed toward the goal of improved air flow in the mattress, see at least Fig. 12; and providing a porous material, such as disclosed by Moon would further this goal; additionally, Codos discusses the benefits of airflow in at least column 8, lines 27-61).
Claim 13. The mattress assembly of claim 12, wherein the coil topper comprises a foam (Codos, column 6, lines 14-38).
Claim 14. The mattress assembly of claim 13, wherein the coil topper further comprises an elastomeric gel over the foam (Codos, column 6, lines 14-38, also see Moon paragraph [0026]).
Claim 15. The mattress assembly of claim 12, wherein the coil topper comprises an elastomeric gel (Moon paragraph [0026]).
Claim 16. The mattress assembly of claim 15, wherein the elastomeric gel defines a plurality of interconnected walls defining an array of voids (Moon, #116 in Figs. 1-3; also see US Patent 8,919,750, Fig. 1B; which is incorporated by reference in Moon paragraph [0026]).
Claim 17. The mattress assembly of claim 12, wherein further comprising:[[a]] the stabilizing material on at least one the bottom surface of the cushioning layer adheres to the upper surface of the coil layer. (Moon, paragraph [0027])
Claim 18. The mattress assembly of claim 17, wherein comprising a lower layer of the stabilizing material on [[a]] the bottom surface of the cushioning layer is a scrim fabric, and wherein at least a portion of elastomeric gel defining the plurality of interconnected walls is fused into the scrim fabric (Moon paragraph [0027]: “portions of the gel material may be heat fused through the stabilizing material”).
Claim 19. The mattress assembly of claim 18, further comprising: an upper layer of the stabilizing material on an upper surface of the cushioning layer (in addition to Codos column 8, lines 39-61, see Moon Fig. 2 #114 is above and below layer #116, as are layers #112 and #118).
Claim 20. Regarding Applicant’s method claims, under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device; when the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process; In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986); the combination of the prior art teachings of Codos and Moon, contain all of the claimed structures of Applicant's invention; furthermore, Applicant’s invention can inherently be used to carry out the claimed method, therefore the prior art, which contains all of the claimed structures, can also inherently be used to carry out the claimed method; thus, the combination of the prior art would necessarily perform the method claimed, and the prior art references read on the claimed method steps; see MPEP §2112.02.
Applicant’s claim 20 recites: A method for assembling a mattress, comprising: providing a coil layer (Codos, Fig. 1, #58 or Fig. 4, #38) including an array of pocketed coils (Codos, Fig. 1, #58 or Fig. 4, #38; also see Fig. 5), a pocketed coil of the array of pocketed coils including: a coil (Codos, Fig. 5); a coil topper comprising a cushioning material over the coil (Codos, Fig. 5; #32); and a casing (Jewett, Fig. 2, #38) packaging the coil and the coil topper together; and placing a cushioning layer over the coil layer (Codos, Fig. 1, #54, or Fig. 3 #53; or Fig. 13, #152 which is disclosed in column 8, lines 54-61 that “it would be possible to locate attachment member 152 above cushion pockets 36”, and that #152 should be “composed of, but is not limited to, a porous material that is air permeable, or perforated, therefore not restricting airflow between the layer of coil pockets 158 and the layer of cushion pockets 156”), the cushioning layer comprising a stabilizing material on a bottom surface of the cushioning layer to couple to an upper surface of the coil layer (a stabilizing material is otherwise known in the art as a scrim sheet; Codos does not discuss a scrim sheet however their use is well known in the art, as taught by Moon in paragraph [0027], it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide a scrim sheet on the elastomeric cushioning layer as taught by Moon “to provide a surface for adhering (e.g., gluing) the elastomeric cushion member 116 to surrounding materials”) the cushioning layer comprising an elastomeric material defining a plurality of interconnected walls defining an array of voids over the array of pocketed coils of the coil layer (Codos does not teach an elastomeric cushioning element that comprises “a plurality of interconnected walls defining an array of voids,” but does disclose in paragraph various types of foam cushioning material in column 6, lines 14-38; while Codos does not teach details of the elastomeric cushioning layer, such details are known in the prior art, as taught by Moon, which teaches an elastomeric layer #116 in Fig. 1, and teaches in paragraphs [0026] that the layer may comprise buckling walls, voids, and columns; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the cushioning member #116 of Moon in place of cushioning layer #53 or 54 of Codos since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results, and furthermore using the layer of Moon would have provide the predictable benefit of optimizing a user’s comfort; furthermore, the invention of Codos is directed toward the goal of improved air flow in the mattress, see at least Fig. 12; and providing a porous material, such as disclosed by Moon would further this goal; see also Codos column 8, lines 27-61), wherein the cushioning layer and the coil layer are arranged such that at least some voids of the array of voids are in communication with spaces between pocketed coils of the array of pocketed coils of the coil layer to facilitate airflow through the coil layer and the
Claim 21. The method of claim 20, wherein placing the cushioning layer over the coil topper of the pocketed coil of the array of pocketed coils (regarding a cushioning layer, see Codos, Fig. 1, #54, or Fig. 3 #53; or Fig. 13, #152 which is disclosed in column 8, lines 54-61 that “it would be possible to locate attachment member 152 above cushion pockets 36”, and that #152 should be “composed of, but is not limited to, a porous material that is air permeable, or perforated, therefore not restricting airflow between the layer of coil pockets 158 and the layer of cushion pockets 156”, and also see Moon Fig. 1 and paragraph [0026]) comprises placing [[a]] the stabilizing material (Codos, column 8, lines 54-61: “it would be possible to locate attachment member 152 above cushion pockets 36”, and also discloses that #152 should be “composed of, but is not limited to, a porous material that is air permeable, or perforated, therefore not restricting airflow between the layer of coil pockets 158 and the layer of cushion pockets 156”) on [[a]] the bottom surface of the cushioning layer directly against the pocketed coil, or placing the elastomeric material of the cushioning layer seeping through the stabilizing material directly against the pocketed coil (Moon discusses this method of attachment in paragraph [0027], “portions of the elastomeric cushion member 116 may seep through (e.g., be melt-fused into, bleed through, push through, leak through, pass through, etc.) the scrim fabric of the stabilizing material 114”).
Claim 22. The method of claim 20, wherein the coil topper of the pocketed coil comprises a foam (Codos, column 8, lines 54-61).
Claim 23. The method of claim 20, wherein the coil topper of the pocketed coil comprises an elastomeric gel (Moon paragraph [0026]).
Response to Applicant's remarks and amendments
With respect to independent claims 1, 12, and 20, Applicant argues on pages 8-10 of Applicant’s remarks that the combination of Codos and Moon does not teach newly amended claim language directed toward “the elastomeric cushioning layer comprising a stabilizing material on a bottom surface of the elastomeric cushioning layer to couple to an upper surface of the coil layer.” Examiner respectfully disagrees. As noted in the above rejections, this limitation is explicitly taught in Moon paragraph [0027], and it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the mattress of Codos with a scrim sheet for the benefits identified by Moon, one of which is “to provide a surface for adhering (e.g., gluing) the elastomeric cushion member 116 to surrounding materials”. Applicant argues that Codos does not teach a stabilizing layer, but the rejection is based upon the combined teachings of Codos and Moon, not upon the disclosure of Codos alone.
Applicant argues that some of the cited structures in the disclosure of Codos are disclosed as being prior art, and “are provided for context and/or to contrast the mattress assembly taught by Codos.” While this may be true, the pertinent question is not what Codos’s intended improvement or invention is, but rather is Applicant’s claimed invention known in the prior art, as taught by Codos or any other prior art. Clearly, the portions of Codos that are provided as prior art context are themselves, prior art not only when considering Codos, but also prior art when considering Applicant’s invention.
Applicant further argues that Codos teaches away from these prior art disclosures. However, the test for obviousness is what the combined teachings of the prior art references would have suggested to those of ordinary skill in the art. In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). See also In re Sneed, 710 F.2d 1544, 1550, 218 USPQ 385, 389 (Fed. Cir. 1983) (“[I]t is not necessary that the inventions of the references be physically combinable to render obvious the invention under review.”); and In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973) (“Combining the teachings of references does not involve an ability to combine their specific structures.”). In the instant case, the combined teachings of the references would have suggested to one of ordinary skill in the art that it would be both possible to use a scrim sheet, and desirable to do so, as is well known in the prior art, and which is discussed in at least Moon paragraph [0027]. Furthermore, it is noted that the disclosure of Moon is very similar to Applicant’s claimed invention. Compare Fig. 1 of Moon and Fig. 2 of the instant application. To the degree that the claimed invention differs from that of Codos or that of Moon, the combined teachings of Codos and Moon collectively make obvious the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MYLES A THROOP whose telephone number is (571)270-5006. The examiner can normally be reached 8:00 am to 5:00 pm.
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/MYLES A THROOP/Primary Examiner, Art Unit 3673
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