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 .
Response to Arguments
35 USC 102
Applicant's arguments filed 6 August 2025 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues that “In the present invention, the elastic band member is adapted to encircle the sidewall of the mattress. Therefore, Potter fails to teach the claimed limitation” (Remarks p. 9). Examiner respectfully disagrees. As detailed to in the Office Action dated 4/10/25, Examiner maps the band member to Fig. 1 element 1, which is described in Potter as “a fitted bottom bedsheet, generally indicated as (1) is snugly stretched over a mattress, generally indicated as (2)” [Col. 4 lines 60-68]. Thus, Potter teaches the claimed invention because the fitted bottom bed sheet (1) fully extends over and around the sidewall perimeter of the mattress (2). Further, a fitted bed sheet is an elastic member, which is understood by one having ordinary skill in the art.
35 USC 103
Applicant's arguments filed 6 August 2025 have been fully considered but they are not persuasive. Applicant argues that Examiner has not provided a prima facie evidence of the rejection (Remarks p. 10). Examiner respectfully disagrees. First, Applicant’s arguments rely on similar arguments against Potter, which are unpersuasive for reasons detailed above. Second, page 4-5 of the Office Action dated 4/10/25 provided the reasons for why it would be obvious to a person having ordinary skill in the art to modify Potter with Schwind. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “The combination of elastic band, the buttons/slits fastening mechanism results in a more modular, easily attachable bedding system that addresses consumer pain points—particularly sheet slippage and ease of replacement— through a bandskirt structure not taught or suggested by the combination of prior art references” and “In addition, the modular attachment system also allows for separate marketing and replacement of band, sheet, and skirt components—offering logistical and cost benefits that the cited references do not enable or suggest”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4658454 to Potter.
Re Claim 1, Potter teaches:
A bedding assembly (at least [Abstract] “combination of a top bedsheet with a bottom bedsheet that is fitted to a mattress”) comprising:
a band member (at least Fig. 1 element 1 and [Col. 4 lines 63-69] “a fitted bottom bedsheet, generally indicated as (1) is snugly stretched over a mattress, generally indicated as (2)”); a sheet member (at least Fig. 1 element 3); the sheet member being adapted to engage upon a mattress (at least Figs. 1-2 element 2); the mattress comprising a sidewall (at least Figs. 1-2 element 2);
the band member being adapted to encircle the sidewall of the mattress (at least Fig. 1 element 1); the band member comprising an inner face engaging the sidewall of the mattress and an opposite outer face (at least Fig. 1 element 1, inner and outer side); the band member further comprising a plurality of first fastening devices (at least Fig. 1 elements 4);
the plurality of first fastening devices being disposed on the outer face of the band member; the sheet member comprising a plurality of first complementary fastening devices; the plurality of first complementary fastening devices being adapted to attach to the plurality of first fastening devices of the band member (at least Figs. 1-1A element 7 and [Col. 4 line 63 to Col. 5 line 10] “a plurality of equally-spaced buttons (4) sewed to bottom bedsheet 1 along the foot end, generally indicated as (5), of the bottom perimeter edge (6) of the mattress”),
wherein the band member is an elastic band member (at least [Col. 5 lines 10-20] “elasticized”), and
wherein the plurality of first fastening devices is buttons, and the plurality of first complementary fastening devices is slit openings (at least Figs. 1-1A element 7 and [Col. 4 line 63 to Col. 5 line 10] “a plurality of equally-spaced buttons (4)”).
Re Claim 3, Potter teaches:
The bedding assembly as claimed in claim 1, wherein the plurality of first fastening devices is spaced longitudinally along the band member (at least Fig. 1 elements 4).
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) 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter in view of US 5335383 to Schwind.
Re Claim 4, Potter teaches:
The bedding assembly as claimed in claim 1, further comprising: the band member forming opposing side panels when encircling the sidewall of the mattress (at least Fig. 1 element 1); the sheet member forming opposing side panels when engaging the mattress (at least Fig. 1 element 3);
Potter does not explicitly teach:
and at least one first fastening device being disposed on each of the side panels of the band member; each of the side panels of the sheet member comprising at least one first complementary fastening devices.
However, Schwind teaches:
and at least one first fastening device being disposed on each of the side panels of the band member; each of the side panels of the sheet member comprising at least one first complementary fastening devices (at least Figs. 5-9 and [Col. 7 lines 44-58] “fastening material 16”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bedding assembly taught by Potter with the fasteners on each side of the panels taught by Schwind with a reasonable expectation of success and predictable results to arrive at a band with fasteners on each side. A person having ordinary skill in the art would have been motivated to do so to provide even attachment on each side.
Re Claim 5, the combination of Potter and Schwind teaches:
The bedding assembly as claimed in claim 4 (detailed with respect to claim 4).
Potter further teaches:
further comprising: the band member forming opposing end panels when encircling the sidewall of the mattress (at least Fig. 1 element 1); the sheet member forming opposing end panels when engaging the mattress (at least Fig. 1 element 3);
Schwind further teaches:
at least one first fastening device being disposed on each of the end panels of the band member; and each of the end panels of the sheet member comprising at least one first complementary fastening devices (at least Figs. 5-9 and [Col. 7 lines 44-58] “fastening material 16”.).
Re Claim 7, Potter teaches:
The bedding assembly as claimed in claim 1 (detailed with respect to claim 1).
Potter does not explicitly teach:
further comprising: a skirt member; the skirt member comprising a plurality of second complementary fastening devices; and the plurality of second complementary fastening devices being adapted to attach to the plurality of first fastening devices of the band member.
However, Schwind teaches:
further comprising: a skirt member; the skirt member comprising a plurality of second complementary fastening devices; and the plurality of second complementary fastening devices being adapted to attach to the plurality of first fastening devices of the band member (at least Figs. 1-9 and [Col. 7 lines 1-29] “A skirting material 18 comprising a second flexible fastening material 20, of the hook and loop variety, attached thereto by sewing or by bonding, which is the other part of the above referenced two part system, is removably attachable to the flat sheet 14 by merely positioning the sheeting material 18 along side the box spring 6, generally at the head of the bed 2, and aligning the second fastening material 20 with the first fastening material 16 and gently pressing the fastening materials 16, 20 together and repeating such action in a sliding motion along the length of the skirting material 18”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bedding assembly taught by Potter with the bed skirt taught by Schwind with a reasonable expectation of success and predictable results to arrive at a bedding assembly with bed skirt. A person having ordinary skill in the art would have been motivated to do so because “The resulting removably attachable flat sheet-skirting combination provides a finished look to the bed 2 as time skirting material 18 covers from view both fastening materials 16, 20 and the flat sheet 14 and the box spring 6 and the frame 8, legs 10 and casters 10a, as it gently drapes to the flooring” (Schwind [Col. 7 lines 30-43]).
Re Claim 8, Potter teaches:
The bedding assembly as claimed in claim 1 (detailed with respect to claim 1).
Potter does not explicitly teach:
further comprising: a skirt member; the band member further comprising a plurality of second fastening devices; the plurality of second fastening devices being disposed on the outer face of the band member; the skirt member comprising a plurality of second complementary fastening devices; and the plurality of second complementary fastening devices being adapted to attach to the plurality of second fastening devices of the band member.
However, Schwind teaches:
further comprising: a skirt member; the band member further comprising a plurality of second fastening devices; the plurality of second fastening devices being disposed on the outer face of the band member; the skirt member comprising a plurality of second complementary fastening devices; and the plurality of second complementary fastening devices being adapted to attach to the plurality of second fastening devices of the band member (at least Figs. 1-9 and [Col. 7 lines 1-29] “A skirting material 18 comprising a second flexible fastening material 20, of the hook and loop variety, attached thereto by sewing or by bonding, which is the other part of the above referenced two part system, is removably attachable to the flat sheet 14 by merely positioning the sheeting material 18 along side the box spring 6, generally at the head of the bed 2, and aligning the second fastening material 20 with the first fastening material 16 and gently pressing the fastening materials 16, 20 together and repeating such action in a sliding motion along the length of the skirting material 18”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bedding assembly taught by Potter with the bed skirt taught by Schwind with a reasonable expectation of success and predictable results to arrive at a bedding assembly with bed skirt. A person having ordinary skill in the art would have been motivated to do so because “The resulting removably attachable flat sheet-skirting combination provides a finished look to the bed 2 as time skirting material 18 covers from view both fastening materials 16, 20 and the flat sheet 14 and the box spring 6 and the frame 8, legs 10 and casters 10a, as it gently drapes to the flooring” (Schwind [Col. 7 lines 30-43]).
Re Claim 9, the combination of Potter and Schwind teaches:
The bedding assembly as claimed in claim 8 (detailed with respect to claim 8).
Schwind further teaches:
further comprising: the skirt member forming opposing side panels and opposing end panels when encircling the mattress; and each of the side panels and end panels of the skirt member comprising at least one second complementary fastening device (at least Figs. 1-9 and [Col. 7 lines 1-29] “A skirting material 18 comprising a second flexible fastening material 20, of the hook and loop variety, attached thereto by sewing or by bonding, which is the other part of the above referenced two part system, is removably attachable to the flat sheet 14 by merely positioning the sheeting material 18 along side the box spring 6, generally at the head of the bed 2, and aligning the second fastening material 20 with the first fastening material 16 and gently pressing the fastening materials 16, 20 together and repeating such action in a sliding motion along the length of the skirting material 18”.).
Re Claim 10, the combination of Potter and Schwind teaches:
The bedding assembly as claimed in claim 9 (detailed with respect to claim 9).
Potter further teaches:
wherein the plurality of second fastening devices is buttons, and the plurality of second complementary fastening devices is slit openings (at least Figs. 1-1A element 7 and [Col. 4 line 63 to Col. 5 line 10] “a plurality of equally-spaced buttons (4)”).
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter in view of US 20140359948 A1 to Middlesworth.
Re Claim 11, Potter teaches:
A bedding assembly (at least [Abstract] “combination of a top bedsheet with a bottom bedsheet that is fitted to a mattress”) comprising:
a band member (at least Fig. 1 element 1 and [Col. 4 lines 63-69] “a fitted bottom bedsheet, generally indicated as (1) is snugly stretched over a mattress, generally indicated as (2)”); a first sheet member (at least Fig. 1 element 3); the first sheet member being adapted to engage upon a mattress (at least Figs. 1-2 element 2); the mattress comprising a sidewall (at least Figs. 1-2 element 2);
the band member being adapted to encircle the sidewall of the mattress (at least Figs. 1-2 element 1); the band member comprising an inner face engaging the sidewall of the mattress and an opposite outer face (at least Fig. 1 element 1, inner and outer side); the band member further comprising a plurality of first fastening devices (at least Fig. 1 elements 4); the plurality of first fastening devices being disposed on the outer face of the band member; each of the first sheet member comprising a plurality of first complementary fastening devices; the plurality of first complementary fastening devices being adapted to attach to the plurality of first fastening devices of the band member (at least Figs. 1-1A element 7 and [Col. 4 line 63 to Col. 5 line 10] “a plurality of equally-spaced buttons (4) sewed to bottom bedsheet 1 along the foot end, generally indicated as (5), of the bottom perimeter edge (6) of the mattress”),
wherein the band member is an elastic band member (at least [Col. 5 lines 10-20] “elasticized”), and
wherein the plurality of first fastening devices is buttons, and the plurality of first complementary fastening devices is slit openings (at least Figs. 1-1A element 7 and [Col. 4 line 63 to Col. 5 line 10] “a plurality of equally-spaced buttons (4)”).
Potter does not explicitly teach:
a second sheet member; and the second sheet member being adapted to engage upon a mattress; and the second sheet member comprising a plurality of first complementary fastening devices;
However, Middlesworth teaches:
a second sheet member; and the second sheet member being adapted to engage upon a mattress (at least Figs. 5-6 and [0038] “inner comfort layer 26I of top component 26”); and the second sheet member comprising a plurality of first complementary fastening devices (at least Figs. 5-6 and [0038] “Inner comfort layer 26I of top component 26 may also be provided with or without a pattern of apertures formed in the layer”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bedding assembly taught by Potter with the second sheet taught by Middlesworth with a reasonable expectation of success and predictable results to arrive at a bedding assembly with a second sheet. A person having ordinary skill in the art would have been motivated to do so because “Inner comfort layer 26I is configured to provide an inner surface 26I1 which is arranged to face toward mattress 14” (Middlesworth [0035]), which enhances cleanliness.
Re Claim 13, the combination of Potter and Middlesworth teaches:
The bedding assembly as claimed in claim 11 (detailed with respect to claim 11).
Potter further teaches:
wherein the plurality of first fastening devices is spaced longitudinally along the band member(at least Fig. 1 elements 4).
Claim(s) 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter in view of Middlesworth and further in view of Schwind.
Re Claim 14, the combination of Potter and Middlesworth teaches:
The bedding assembly as claimed in claim 11 (detailed with respect to claim 11).
Potter further teaches:
further comprising: the band member forming opposing side panels when encircling the sidewall of the mattress (at least Fig. 1 element 1); each of the first sheet member forming opposing side panels when engaging the mattress (at least Fig. 1 element 1);
The combination of Potter and Middlesworth does not explicitly teach:
at least one first fastening device being disposed on each of the side panels of the band member; and each of the side panels of the first sheet member and the second sheet member comprising at least one first complementary fastening devices.
However, Schwind teaches:
at least one first fastening device being disposed on each of the side panels of the band member; and each of the side panels of the first sheet member and the second sheet member comprising at least one first complementary fastening devices (at least Figs. 5-9 and [Col. 7 lines 44-58] “fastening material 16”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bedding assembly taught by Potter with the fasteners on each side of the panels taught by Schwind with a reasonable expectation of success and predictable results to arrive at a band with fasteners on each side. A person having ordinary skill in the art would have been motivated to do so to provide even attachment on each side.
Re Claim 15, the combination of Potter, Middlesworth, and Schwind teaches:
The bedding assembly as claimed in claim 14 (detailed with respect to claim 14).
Potter further teaches:
further comprising: the band member forming opposing end panels when encircling the sidewall of the mattress (at least Fig. 1 element 1); each of the first sheet member forming opposing end panels when engaging the mattress (at least Fig. 1 element 3);
Schwind further teaches:
at least one first fastening device being disposed on each of the end panels of the band member; and each of the end panels of the first sheet member and the second sheet member comprising at least one first complementary fastening devices (at least Figs. 5-9 and [Col. 7 lines 44-58] “fastening material 16”.).
Re Claim 17, the combination of Potter and Middlesworth teaches:
The bedding assembly as claimed in claim 11 (detailed with respect to claim 11).
The combination of Potter and Middlesworth does not explicitly teach:
further comprising: a skirt member; the skirt member comprising a plurality of second complementary fastening devices; and the plurality of second complementary fastening devices being adapted to attach to the plurality of first fastening devices of the band member.
However, Schwind teaches:
further comprising: a skirt member; the skirt member comprising a plurality of second complementary fastening devices; and the plurality of second complementary fastening devices being adapted to attach to the plurality of first fastening devices of the band member (at least Figs. 1-9 and [Col. 7 lines 1-29] “A skirting material 18 comprising a second flexible fastening material 20, of the hook and loop variety, attached thereto by sewing or by bonding, which is the other part of the above referenced two part system, is removably attachable to the flat sheet 14 by merely positioning the sheeting material 18 along side the box spring 6, generally at the head of the bed 2, and aligning the second fastening material 20 with the first fastening material 16 and gently pressing the fastening materials 16, 20 together and repeating such action in a sliding motion along the length of the skirting material 18”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bedding assembly taught by Potter with the bed skirt taught by Schwind with a reasonable expectation of success and predictable results to arrive at a bedding assembly with bed skirt. A person having ordinary skill in the art would have been motivated to do so because “The resulting removably attachable flat sheet-skirting combination provides a finished look to the bed 2 as time skirting material 18 covers from view both fastening materials 16, 20 and the flat sheet 14 and the box spring 6 and the frame 8, legs 10 and casters 10a, as it gently drapes to the flooring” (Schwind [Col. 7 lines 30-43]).
Re Claim 18, the combination of Potter and Middlesworth teaches:
The bedding assembly as claimed in claim 11 (detailed with respect to claim 11).
The combination of Potter and Middlesworth does not explicitly teach:
further comprising: a skirt member; the band member further comprising a plurality of second fastening devices; the plurality of second fastening devices being disposed on the outer face of the band member; the skirt member comprising a plurality of second complementary fastening devices; and the plurality of second complementary fastening devices being adapted to attach to the plurality of second fastening devices of the band member.
However, Schwind teaches:
further comprising: a skirt member; the band member further comprising a plurality of second fastening devices; the plurality of second fastening devices being disposed on the outer face of the band member; the skirt member comprising a plurality of second complementary fastening devices; and the plurality of second complementary fastening devices being adapted to attach to the plurality of second fastening devices of the band member (at least Figs. 1-9 and [Col. 7 lines 1-29] “A skirting material 18 comprising a second flexible fastening material 20, of the hook and loop variety, attached thereto by sewing or by bonding, which is the other part of the above referenced two part system, is removably attachable to the flat sheet 14 by merely positioning the sheeting material 18 along side the box spring 6, generally at the head of the bed 2, and aligning the second fastening material 20 with the first fastening material 16 and gently pressing the fastening materials 16, 20 together and repeating such action in a sliding motion along the length of the skirting material 18”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bedding assembly taught by Potter with the bed skirt taught by Schwind with a reasonable expectation of success and predictable results to arrive at a bedding assembly with bed skirt. A person having ordinary skill in the art would have been motivated to do so because “The resulting removably attachable flat sheet-skirting combination provides a finished look to the bed 2 as time skirting material 18 covers from view both fastening materials 16, 20 and the flat sheet 14 and the box spring 6 and the frame 8, legs 10 and casters 10a, as it gently drapes to the flooring” (Schwind [Col. 7 lines 30-43]).
Re Claim 19, the combination of Potter, Middlesworth, and Schwind teaches:
The bedding assembly as claimed in claim 18 (detailed with respect to claim 18).
Schwind further teaches:
further comprising: the skirt member forming opposing side panels and opposing end panels when encircling the mattress; and each of the side panels and end panels of the skirt member comprising at least one second complementary fastening device (at least Figs. 1-9 and [Col. 7 lines 1-29] “A skirting material 18 comprising a second flexible fastening material 20, of the hook and loop variety, attached thereto by sewing or by bonding, which is the other part of the above referenced two part system, is removably attachable to the flat sheet 14 by merely positioning the sheeting material 18 along side the box spring 6, generally at the head of the bed 2, and aligning the second fastening material 20 with the first fastening material 16 and gently pressing the fastening materials 16, 20 together and repeating such action in a sliding motion along the length of the skirting material 18”.).
Re Claim 20, the combination of Potter, Middlesworth, and Schwind teaches:
The bedding assembly as claimed in claim 19 (detailed with respect to claim 19).
Potter further teaches:
wherein the plurality of second fastening devices is buttons, and the plurality of second complementary fastening devices is slit openings (at least Figs. 1-1A element 7 and [Col. 4 line 63 to Col. 5 line 10] “a plurality of equally-spaced buttons (4)”).
Conclusion
THIS ACTION IS MADE FINAL. 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 GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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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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/GEORGE SUN/Primary Examiner, Art Unit 3673