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 .
Status of the Application
Claims 1-9 have been examined in this application. This communication is a Final Rejection in response to Applicant’s “Amendments/Remarks” filed 12/11/2025.
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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 7,120,952 to Bass et al. (hereinafter Bass) in view of U.S. Patent 4,844,965 to Foxman.
Regarding claim 1, Bass teaches: A method of manufacturing a dual-function sheet (see Fig. 1, protective sheet 10), comprising the steps of:
providing an upper layer (see Fig. 3-4, first layer 20) having an upper surface and an underside surface (see Fig. 3-4, first layer 20 has upper and lower surfaces), the upper layer comprising fabric material (see col. 9, lines [63-64]: “absorbent fibrous material 20, such as cotton, facing the user.” See also col. 10, lines [48-57] for other fabric materials disclosed);
providing a lower layer (see Fig. 3-4, second layer 22) having an upper surface and an underside surface (see Fig. 3-4, second layer 22 has upper and underside surfaces), the lower layer comprising plastic material (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material having top portion 11 side portion 12, and bottom portion 13. The second layer may be formed from at least one of elastomeric material, such as rubber, waterproof vinyl, or polymeric material such as plastic”); and
fusing the entire upper layer to the entire lower layer to form the dual-function sheet (see col. 9, lines [66-67] thru col. 10, lines [1-4]): “The first layer 20 is secured to the second layer 22 forming a substantially unitary article. Preferably, the first layer 20 and the second layer 22 are bonded together by thermocoupling. However, any method of bonding may be used to secure the first layer 20 to the second layer 22”);
whereby the underside surface of the lower layer is configured to contact a mattress (see Fig. 3, mattress 14) to be covered by the dual-function sheet (see Fig. 3), and the upper surface of the upper layer is configured to contact a person (see col. 9, lines [63-64]: “absorbent fibrous material 20, such as cotton, facing the user.”).
Bass, teaches bonding its first 20 and second 22 layers via thermocoupling (see col. 9, lines [66-67] thru col. 10, lines [1-4]), however, it does not explicitly teach the following: applying a heating compound to at least one of the underside surface of the upper layer and the upper surface of the lower layer; aligning the underside surface of the upper layer with the upper surface of the lower layer; subjecting the aligned upper layer and lower layer to a heat source such that the heating compound is brought to a sufficient temperature to cause the upper surface of the lower layer to fuse with the underside surface of the upper layer.
Foxman teaches:
applying a heating compound to at least one of the underside surface of the upper layer and the upper surface of the lower layer (see Fig. 3-4, interposed thermal plastic film membrane 34);
aligning the underside surface of the upper layer with the upper surface of the lower layer (see Fig. 1-6, layers are shown as aligned [in other words, vertically stacked] in a final form so this implies the layers were also aligned initially);
subjecting the aligned upper layer and lower layer to a heat source (see col. 4, lines [7-10]: “when heat is applied”); such that the heating compound is brought to a sufficient temperature to cause the upper surface of the lower layer to fuse with the underside surface of the upper layer (see col. 4, lines [6-12]).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Bass with these aforementioned teachings of Foxman to have applied a heating compound of Foxman between the upper and lower layers of the device of Bass and subsequently applying heat to fuse the upper and lower layers of Bass together using the method of Foxman with a reasonable expectation of success to further provide a liquid impervious barrier (see Foxman, col. 4, lines [9-12]).
Bass further notes (see col. 9, lines [66-67] thru col. 10, lines [1-4]): “The first layer 20 is secured to the second layer 22 forming a substantially unitary article. Preferably, the first layer 20 and the second layer 22 are bonded together by thermocoupling. However, any method of bonding may be used to secure the first layer 20 to the second layer 22”.
Regarding claim 2, Bass, as modified, teaches all the limitations as described in the rejection of claim 1, and additionally teaches: wherein the plastic material is waterproof (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material”).
Regarding claim 3, Bass, as modified, teaches all the limitations as described in the rejection of claim 1, and additionally teaches: wherein the plastic material is water-resistant (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material”). The examiner notes that fluid impermeable material is also consider water-resistant.
Regarding claim 4, Bass teaches: A method of manufacturing a dual-function sheet (see Fig. 1, protective sheet 10), comprising the steps of:
providing an upper layer (see Fig. 3-4, first layer 20) having an upper surface and an underside surface (see Fig. 3-4, first layer 20 has upper and lower surfaces), the upper layer comprising fabric material (see col. 9, lines [63-64]: “absorbent fibrous material 20, such as cotton, facing the user.” See also col. 10, lines [48-57] for other fabric materials disclosed) formed via weaving and subsequently dyed or printed prior to fusing (see below section regarding product-by-process limitations);
providing a lower layer (see Fig. 3-4, second layer 22) having an upper surface and an underside surface (see Fig. 3-4, second layer 22 has upper and underside surfaces), the lower layer comprising plastic material (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material having top portion 11 side portion 12, and bottom portion 13. The second layer may be formed from at least one of elastomeric material, such as rubber, waterproof vinyl, or polymeric material such as plastic”); and
whereby the underside surface of the lower layer is configured to contact a mattress (see Fig. 3, mattress 14) to be covered by the dual-function sheet (see Fig. 3), and the upper surface of the upper layer is configured to contact a person (see col. 9, lines [63-64]: “absorbent fibrous material 20, such as cotton, facing the user.”).
The claim recitation “formed via weaving and subsequently dyed or printed prior to fusing” is best understood and interpreted by the examiner as a product-by-process claim limitation. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See also MPEP 2113, Section I.
As, such the process of forming the fabric material via weaving and subsequently dyeing/printing does not yield a patentable distinction over the apparatus.
Bass, teaches bonding its first 20 and second 22 layers via thermocoupling (see col. 9, lines [66-67] thru col. 10, lines [1-4]), however, it does not explicitly teach the following: applying a heating compound to the underside surface of the upper layer or the upper surface of the lower layer; aligning the upper layer and lower layer; subjecting the upper layer and lower layer to a heat source; and applying heat such that the heating compound is brought to a temperature configured to cause the upper surface of the lower layer to fuse with the underside surface of the upper layer to form the dual-function sheet.
Foxman teaches:
applying a heating compound to the underside surface of the upper layer or the upper surface of the lower layer (see Fig. 3-4, interposed thermal plastic film membrane 34);
aligning the upper layer and lower layer (see Fig. 1-6, layers are shown as aligned in final form);
subjecting the upper layer and lower layer to a heat source (see col. 4, lines [7-10]: “when heat is applied”); and
applying heat such that the heating compound is brought to a temperature configured to cause the upper surface of the lower layer to fuse with the underside surface of the upper layer to form the dual-function sheet (see col. 4, lines [6-12]).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Bass with these aforementioned teachings of Foxman to have applied a heating compound of Foxman between the upper and lower layers of the device of Bass and subsequently applying heat to fuse the upper and lower layers of Bass together using the method of Foxman with a reasonable expectation of success to further provide a liquid impervious barrier (see Foxman, col. 4, lines [9-12]).
Bass further notes (see col. 9, lines [66-67] thru col. 10, lines [1-4]): “The first layer 20 is secured to the second layer 22 forming a substantially unitary article. Preferably, the first layer 20 and the second layer 22 are bonded together by thermocoupling. However, any method of bonding may be used to secure the first layer 20 to the second layer 22”.
Regarding claim 5, Bass, as modified, teaches all the limitations as described in the rejection of claim 4, and additionally teaches: wherein the plastic material is waterproof (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material”)
Regarding claim 6, Bass, as modified, teaches all the limitations as described in the rejection of claim 4, and additionally teaches: wherein the plastic material is water-resistant (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material”). The examiner notes that fluid impermeable material is also consider water-resistant.
Regarding claim 7, Bass teaches: A method covering a mattress, comprising the steps of:
providing a dual-function sheet (see Fig. 1, protective sheet 10) comprising:
an upper layer (see Fig. 3-4, first layer 20) having an upper surface and an underside surface (see Fig. 3-4, first layer 20 has upper and lower surfaces), the upper layer comprising fabric material (see col. 9, lines [63-64]: “absorbent fibrous material 20, such as cotton, facing the user.” See also col. 10, lines [48-57] for other fabric materials disclosed);
a lower layer (see Fig. 3-4, second layer 22) having an upper surface and an underside surface (see Fig. 3-4, second layer 22 has upper and underside surfaces), the lower layer comprising plastic material (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material having top portion 11 side portion 12, and bottom portion 13. The second layer may be formed from at least one of elastomeric material, such as rubber, waterproof vinyl, or polymeric material such as plastic”); and
fusing the entire upper layer to the entire lower layer to form the dual-function sheet (see col. 9, lines [66-67] thru col. 10, lines [1-4]): “The first layer 20 is secured to the second layer 22 forming a substantially unitary article. Preferably, the first layer 20 and the second layer 22 are bonded together by thermocoupling. However, any method of bonding may be used to secure the first layer 20 to the second layer 22”);
whereby the underside surface of the lower layer is configured to contact a mattress (see Fig. 3, mattress 14) to be covered by the dual-function sheet (see Fig. 3), and the upper surface of the upper layer is configured to contact a person (see col. 9, lines [63-64]: “absorbent fibrous material 20, such as cotton, facing the user.”).
Bass, teaches bonding its first 20 and second 22 layers via thermocoupling (see col. 9, lines [66-67] thru col. 10, lines [1-4]), however, it does not explicitly teach the following: wherein the entire upper layer is fused to the entire lower layer by application of a heating compound to at least one of the underside surface of the upper layer and the upper surface of the lower layer and subjecting the layers to a heat source, such that the heating compound causes the upper surface of the lower layer to fuse with the underside surface of the upper layer to form the dual-function sheet.
Foxman teaches: wherein the entire upper layer is fused to the entire lower layer by application of a heating compound to at least one of the underside surface of the upper layer and the upper surface of the lower layer (see Fig. 3-4, interposed thermal plastic film membrane 34); and subjecting the layers to a heat source (see col. 4, lines [7-10]: “when heat is applied”); such that the heating compound causes the upper surface of the lower layer to fuse with the underside surface of the upper layer to form the dual-function sheet (see col. 4, lines [6-12]).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Bass with these aforementioned teachings of Foxman to have applied a heating compound of Foxman between the upper and lower layers of the device of Bass and subsequently applying heat to fuse the upper and lower layers of Bass together using the method of Foxman with a reasonable expectation of success to further provide a liquid impervious barrier (see Foxman, col. 4, lines [9-12]).
Bass further notes (see col. 9, lines [66-67] thru col. 10, lines [1-4]): “The first layer 20 is secured to the second layer 22 forming a substantially unitary article. Preferably, the first layer 20 and the second layer 22 are bonded together by thermocoupling. However, any method of bonding may be used to secure the first layer 20 to the second layer 22”.
Regarding claim 8, Bass, as modified, teaches all the limitations as described in the rejection of claim 7, and additionally teaches: wherein the plastic material is waterproof (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material”)
Regarding claim 9, Bass, as modified, teaches all the limitations as described in the rejection of claim 7, and additionally teaches: wherein the plastic material is water-resistant (see col. 10, lines [59-67]: “the second layer 22 is a fluid impermeable material”). The examiner notes that fluid impermeable material is also consider water-resistant.
Response to Arguments
The Drawing Objections and 35 U.S.C 112(b) rejections presented in the Non-Final Rejection of 6/11/2025 have been withdrawn in light of Applicant’s amendment/remarks.
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive. In view of Applicant’s amendments presented on 12/11/2025, the claims 1-9 have been modified to be rejected under 35 U.S.C. 103 by U.S. Patent 7,120,952 to Bass in view of U.S. Patent 4,844,965 to Foxman. The updated rejections and interpretations have been presented above in light of the claim amendments made.
In response to Applicant’s specific argument with respect to claim 4 that neither Bass nor Foxman teaches the limitation: “[fabric material] formed via weaving and subsequently dyed or printed prior to fusing,” the Examiner interprets this newly added portion as a product-by-process limitation. See above for further detail.
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 DAVID R HARE whose telephone number is (571)272-4420. The examiner can normally be reached MON-FRI 8:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sincerely,
/DAVID R HARE/Primary Examiner, Art Unit 3673
1/9/2025