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 February 26, 2025 have been entered. Claims 1, 2, 4, 8, 12, 15, 19, and 21 have been amended. Claims 1-22 are currently pending in the application.
Applicant argues on pages 7-8 of Applicant’s remarks that the previously cited prior art of Barber (U.S. Patent No. 5,040,255) in view of Jewett (U.S. Patent No. 11,013,340) and further in view of Mossbeck ‘130 (U.S. Publication No. 2017/0340130) does not sufficiently disclose, teach, or suggest the subject matter of side rails comprising polyurethane foam. However, a new rejection has been entered under 35 U.S.C. 103 Klein (U.S. Publication No. 3,869,739) with Klein being cited for disclosing interior strings of pocketed springs being glued to foam side rails, as discussed in further detail below. Additionally, claim 7 has been objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, as discussed in further detail below.
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 1-6, 8-18, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Klein (U.S. Patent No. 3,869,739) in view of Jewett (U.S. Patent No. 11,013,340).
Regarding claim 1, Klein (U.S. Publication No. 3,869,739) discloses a partially foam encased pocketed spring assembly comprising: a lower foam layer 4; an upper foam layer 7; first and second foam rails 5 glued (via adhesive line 6) to the upper and lower foam layers 4 and 7 at opposed ends of the partially foam encased pocketed spring assembly (Figure 3 and Col. 2, lines 34-49); a first string of pocketed springs 2 and 3 glued to the first foam rail 5 (via adhesive 6) and extending parallel to the first and second foam rails 5 (Figure 2 and Col. 2, lines 34-49); a last string of pocketed springs 2 and 3 glued (via adhesive 6) to the second foam rail 5 (Figures 2-3 and Col. 2, lines 34-49); interior strings of pocketed springs 2 and 3 glued (via adhesive 6) to each other between the first and last strings of pocketed springs (Figures 2-3 and Col. 2, lines 34-49); and third and fourth foam rails 5 glued to the upper and lower foam layers 4 and 7 on opposed sides of the partially foam encased pocketed spring assembly, wherein each of the foam rails 5 is made of polyurethane foam (Figures 2-3 and Col. 2, lines 34-49).
Klein does not disclose a lower fabric substrate sheet and an upper fabric substrate sheet.
Jewett teaches a lower fabric substrate sheet 38 and an upper fabric substrate sheet 36 (Col. 6, lines 18-33, Col. 8, lines 19-26 and Figure 4, also see Applicant’s specification, paragraph 0079, where the lower substrate sheet is typically the dimensionally stabilizing substrate 38).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Klein (directed to a pocketed spring mattress) with Jewett (directed to a pocketed spring mattress) and arrived at the lower and upper substrate fabric sheets. One of ordinary skill in the art would have been motivated to do so because the lower substrate stabilizes the pocketed spring assembly and both the upper and lower fabric sheets aid in maintaining the shape of the mattress during when the pocketed spring assembly is manufactured into a finished mattress (Abstract and Col. 2, lines 1-7 and 57-63).
Regarding claim 2, Klein, as modified, discloses the subject matter as discussed above with regard to claim 1. Klein, as modified, further discloses wherein the lower substrate sheet 38 is thicker than the upper substrate sheet 36 (see Jewett, Figure 4 and Col. 3, lines 58-67).
Regarding claim 3, Klein, as modified, discloses the subject matter as discussed above with regard to claim 1. Klein, as modified, further discloses wherein at least two of the foam rails 5 have the same cross-sectional configuration (see Klein, Figures 2 and 4).
Regarding claim 4, Klein, as modified, discloses the subject matter as discussed above with regard to claim 1. Klein, as modified, further discloses wherein each of the foam rails 5 have the same cross-sectional configuration (see Klein, Figures 2 and 4).
Regarding claim 5, Klein, as modified, discloses the subject matter as discussed above with regard to claim 1. Klein, as modified, further discloses wherein the lower fabric substrate sheet 38 has a different thickness than the upper substrate sheet 36 (see Jewett, Figure 4 and Col. 3, lines 58-67).
Regarding claim 6, Klein, as modified, discloses the subject matter as discussed above with regard to claim 1. Klein, as modified, further discloses wherein each of the third and fourth foam rails 5 is glued to the first and second foam rails 5 (see Klein, Col. 2, lines 34-48).
Regarding claim 8, Klein discloses a partially foam encased pocketed spring assembly comprising: a lower foam layer 4; first and second foam rails 5 glued to the lower foam layer 4; a pocketed spring interior comprising strings 2 and 3 of pocketed springs attached to each other and to the lower foam layer 4 (Figure 2 and Col. 2, lines 34-49), a first string of pocketed springs 2 and 3 being glued (via adhesive 6) to the first foam rail 5 and a last string of pocketed springs 2 and 3 being glued to the second foam rail 5 (Figures 2-3 and Col. 2, lines 34-49), the strings extending parallel to the first and second foam rails 5 (Figure 2); and third and fourth foam rails 5 glued (via adhesive 6) to the lower foam layer 4 (Figures 2-3 and Col. 2, lines 34-49), wherein each of the foam rails is made of polyurethane foam (Figures 2-3 and Col. 2, lines 34-49).
Klein does not disclose a lower fabric substrate sheet.
Jewett teaches a lower fabric substrate sheet 38 (Col. 6, lines 18-33, Col. 8, lines 19-26 and Figure 4, also see Applicant’s specification, paragraph 0079, where the lower substrate sheet is typically the dimensionally stabilizing substrate 38).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Klein (directed to a pocketed spring mattress) with Jewett (directed to a pocketed spring mattress) and arrived at a lower substrate fabric sheet. One of ordinary skill in the art would have been motivated to do so because the lower and upper substrates provided by Jewett stabilizes the pocketed spring assembly and both the upper and lower fabric sheets aid in maintaining the shape of the mattress during when the pocketed spring assembly is manufactured into a finished mattress (Abstract and Col. 2, lines 1-7 and 57-63).
Regarding claim 9, Klein, as modified, discloses the subject matter as discussed above with regard to claim 8. Klein, as modified, further discloses wherein each of the third and fourth foam rails 5 is glued to the first and second foam rails 5 (see Klein, Col. 2, lines 34-48).
Regarding claim 10, Klein, as modified, discloses the subject matter as discussed above with regard to claim 8. Klein, as modified, further discloses an upper fabric scrim sheet 36, wherein the lower substrate sheet 38 is thicker than the upper fabric scrim sheet 36 (see Jewett, Figure 4 and Col. 3, lines 58-67).
Regarding claim 11, Klein, as modified, discloses the subject matter as discussed above with regard to claim 8. Klein, as modified, further discloses wherein at least two of the foam rails 5 have the same cross-sectional configuration (see Klein, Figures 2 and 4).
Regarding claim 12, Klein, as modified, discloses the subject matter as discussed above with regard to claim 8. Klein, as modified, further discloses wherein each of the foam rails 5 have the same cross-sectional configuration (see Klein, Figures 2 and 4).
Regarding claim 13, Klein, as modified, discloses the subject matter as discussed above with regard to claim 8. Klein, as modified, further discloses each of the strings 2 and 3 is the same length along with the first and second foam rails 5 (see Klein, Figure 2, where the shorter two of the four rails 5 are five springs long, and where each string is five springs long).
Regarding claim 14, Klein, as modified, discloses the subject matter as discussed above with regard to claim 8. Klein, as modified, further discloses wherein each of the third and fourth foam rails 5 is glued to the first and second foam rails 5 (see Klein, Col. 2, lines 34-48).
Regarding claim 15, Klein discloses a partially foam encased pocketed spring assembly comprising: a lower foam layer 4; an upper foam layer 7; first and second foam rails 5 attached (via adhesive line 6) to the lower foam layer and upper foam layer (Figure 3 and Col. 2, lines 34-49); a pocketed spring interior comprising strings 2 and 3 of pocketed springs attached to each other (Figures 2 and 4-5), a first string of pocketed springs 2 and 3 being attached to the lower foam layer 4 and the upper foam layer 7 (via adhesive 6) and a last string of pocketed springs 2 and 3 being attached to the lower foam layer and the upper foam layer (via adhesive 6, Figure 2 and Col. 2, lines 34-49), the strings 2 and 3 extending parallel to the first and second foam rails 5; and third and fourth foam rails 5 attached to the lower foam layer 4 and the upper foam layer 7, each of the third and fourth foam rails 5 being attached to the first and second foam rails 5, wherein each of the foam rails is made of polyurethane foam (Figures 2-3 and Col. 2, lines 34-49).
Klein does not disclose a lower fabric substrate sheet and an upper fabric substrate sheet.
Jewett teaches a lower fabric substrate sheet 38 and an upper fabric substrate sheet 36 (Col. 6, lines 18-33, Col. 8, lines 19-26 and Figure 4, also see Applicant’s specification, paragraph 0079, where the lower substrate sheet is typically the dimensionally stabilizing substrate 38).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Klein (directed to a pocketed spring mattress) with Jewett (directed to a pocketed spring mattress) and arrived at the lower and upper substrate fabric sheets. One of ordinary skill in the art would have been motivated to do so because the lower substrate stabilizes the pocketed spring assembly and both the upper and lower fabric sheets aid in maintaining the shape of the mattress during when the pocketed spring assembly is manufactured into a finished mattress (Abstract and Col. 2, lines 1-7 and 57-63).
Regarding claim 16, Klein, as modified, discloses the subject matter as discussed above with regard to claim 15. Klein, as modified, further discloses wherein the first string 2 and 3 of the pocketed spring interior is attached to the first foam rail 5 and the last string 2 and 3 of the pocketed spring interior is attached to the second foam rail 5 (via adhesive 6, see Klein, Figures 2-3 and Col. 2, lines 34-49).
Regarding claim 17, Klein, as modified, discloses the subject matter as discussed above with regard to claim 15. Klein, as modified, further discloses wherein the lower fabric substrate sheet 38 is thicker than the upper fabric substrate sheet 36 (see Jewett, Figure 4 and Col. 3, lines 58-67).
Regarding claim 18, Klein, as modified, discloses the subject matter as discussed above with regard to claim 15. Klein further discloses wherein each of the foam rails 5 has the same cross-sectional configuration (see Klein, Figures 2 and 4).
Regarding claim 20, Klein, as modified, discloses the subject matter as discussed above with regard to claim 15. Klein, as modified, further discloses each of the strings 2 and 3 is the same length along with the first and second foam rails 5 (see Klein, Figure 2, where the shorter two of the four rails 5 are five springs long, and where each string is five springs long).
Regarding claim 21, Klein discloses a partially foam encased pocketed spring assembly comprising: a lower foam layer; first and second foam rails 5 attached to the lower foam layer (via adhesive 6, Figure 2 and Col. 2, lines 34-49); a pocketed spring interior comprising strings 2 and 3 of pocketed springs attached to each other (Figures 2 and 4), a first string of pocketed springs being attached to the lower foam layer 4 and a last string 2 and 3 of pocketed springs being attached to the lower foam layer 4 (via adhesive 6, Figure 2 and Col. 2, lines 34-49), the strings 2 and 3 extending parallel to the first and second foam rails 5 (Figures 2 and 4); and third and fourth foam rails 5 attached to the lower foam layer 4, each of the third and fourth foam rails 5 being attached to the first and second foam rails (via adhesive 6, Figure 2 and Col. 2, lines 34-49), wherein each of the foam rails is made of polyurethane foam (Col. 2, lines 34-49).
Klein does not disclose a lower fabric substrate sheet.
Jewett teaches a lower fabric substrate sheet 38 (Col. 6, lines 18-33, Col. 8, lines 19-26 and Figure 4, also see Applicant’s specification, paragraph 0079, where the lower substrate sheet is typically the dimensionally stabilizing substrate 38).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Klein (directed to a pocketed spring mattress) with Jewett (directed to a pocketed spring mattress) and arrived at a lower substrate fabric sheet. One of ordinary skill in the art would have been motivated to do so because the lower and upper substrates provided by Jewett stabilizes the pocketed spring assembly and both the upper and lower fabric sheets aid in maintaining the shape of the mattress during when the pocketed spring assembly is manufactured into a finished mattress (Abstract and Col. 2, lines 1-7 and 57-63).
Regarding claim 22, Klein, as modified, discloses the subject matter as discussed above with regard to claim 21. Klein, as modified, further discloses wherein the first string 2 and 3 of the pocketed spring interior is attached to the first foam rail 5 and the last string 2 and 3 of the pocketed spring interior is attached to the second foam rail 5 (via adhesive 6, see Klein, Figures 2-3 and Col. 2, lines 34-49).
Claims 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Klein in view of Mossbeck (U.S. Patent No. 6,175,997), hereinafter referred to as Mossbeck ‘997.
Regarding claim 15, Klein discloses a partially foam encased pocketed spring assembly comprising: a lower foam layer 4; an upper foam layer 7; first and second foam rails 5 attached (via adhesive line 6) to the lower foam layer and upper foam layer (Figure 3 and Col. 2, lines 34-49); a pocketed spring interior comprising strings 2 and 3 of pocketed springs attached to each other (Figures 2 and 4-5), a first string of pocketed springs 2 and 3 being attached to the lower foam layer 4 and the upper foam layer 7 (via adhesive 6) and a last string of pocketed springs 2 and 3 being attached to the lower foam layer and the upper foam layer (via adhesive 6, Figure 2 and Col. 2, lines 34-49), the strings 2 and 3 extending parallel to the first and second foam rails 5; and third and fourth foam rails 5 attached to the lower foam layer 4 and the upper foam layer 7, each of the third and fourth foam rails 5 being attached to the first and second foam rails 5, wherein each of the foam rails is made of polyurethane foam (Figures 2-3 and Col. 2, lines 34-49).
Klein does not disclose a lower fabric substrate sheet and an upper fabric substrate sheet.
Mossbeck ‘997 teaches a lower fabric substrate sheet 20 and an upper fabric substrate sheet 14 (Col. 2, line 63-Col. 3, line 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Klein (directed to a pocketed spring mattress) with Mossbeck ‘997 (directed to a pocketed spring core) and arrived at the lower and upper substrate fabric sheets. One of ordinary skill in the art would have been motivated to do so because the lower substrate stabilizes the pocketed spring assembly and both the upper and lower fabric sheets aid in strengthening the spring core of a mattress or cushion (Col. 3, line 60-Col. 4, line 3).
Regarding claim 19, Klein, as modified, discloses the subject matter as discussed above with regard to claim 15. Klein, as modified, further discloses wherein the upper and lower fabric substrate sheets 14 and 20 are the same thickness (see Mossbeck ‘997, Figures 1-2 and Col. 2, line 63-Col. 3, line 5).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, Klein, as modified, discloses the subject matter as discussed above with regard to claim 1. Klein, as modified, does not disclose wherein an end surface of each of the first, last and interior strings is glued to the third and fourth foam rails.
Additionally, Mossbeck ‘130 (U.S. Publication No. 2017/0340130) is cited as being of interest for disclosing a first string of pocketed springs 28 being glued to the first outer rail 82 (paragraph 0061); a last string of pocketed springs 28 being glued to the second outer rail 82 (Figure 1 and paragraph 0061); and interior strings of pocketed springs 26 glued to each other between the first and last strings of pocketed springs (paragraph 0049), wherein an end surface of each of the first, last and interior strings 26 is glued to the third and fourth foam rails 80 (Figure 1 and paragraph 0061). However, the side rails of Mossbeck ‘130 comprise rows of springs, not foam rails as disclosed by Klein. Mossbeck ‘130 specifically provides the arrangement of interior springs glued to edge springs in order to provide a mattress with the appearance of a foam side rails but without the using foam rails itself (paragraphs 0006-0007). Notably, Klein lacks adhesive on the sides of the side rails and end surfaces of the springs. While the springs are glued to the upper and lower foam layers to keep the springs in place, they are allowed to freely compress and release relative to the side rails, something that gluing the end sections of the springs to the side rails would prevent. As such, there is no disclosure, teaching, or suggestion in the prior art of record such that a rejection of claim 7 may be reasonably maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679