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—16 have been examined in this application. This communication is a Final Rejection in response to Applicant’s “Amendments/Remarks” filed 04/30/2026. 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 (i.e., changing from AIA to pre-AIA ) 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, 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—16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2018/0080151 A1 to Goenka et. al ( Goenka second reference hereafter) in view of U.S Patent Application 2017/0042348 A1 to Goenka (Goenka first reference hereafter).
As per claim 1 Goenka second reference teaches:
A bedding article, comprising (10—Fig.1; para [0032]): a top cover having a perimeter (510—Fig.11; para [0046])and formed from a first flat woven fabric (40—Fig.1; para [0022]), the first flat woven fabric having a warp component including warp yarns and a weft component including weft yarns interwoven with the warp yarns to define the flat woven fabric (para [0022]), wherein at least one of a) the warp component or b) the weft component comprises a plurality of staple spun yarns (para [0025]); and a durable drop area with quick dry property stitched to the perimeter of the top cover (para [0056] secondary panels sewn to top cover).
Goenka second reference does not teach, the durable drop area formed from a second flat woven fabric that is different from the first flat woven fabric, the second flat woven fabric having a warp component including warp yarns and a weft component including weft yarns interwoven with the warp yarns to define the flat woven fabric, wherein at least one of a) the warp component or b) the weft component includes staple spun yarns or filament yarns each made of man-made fibers.
Goenka first reference teaches, the durable drop area formed from a second flat woven fabric that is different from the first flat woven fabric (22—Fig.2B; para [0024]), the second flat woven fabric having a warp component including warp yarns and a weft component including weft yarns interwoven with the warp yarns to define the flat woven fabric (22—Fig.2B; para [0024]), wherein at least one of a) the warp component or b) the weft component includes staple spun yarns or filament yarns each made of man-made fibers (22—Fig.2B; para [0024]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Goenka second reference (directed to a bedding article provided with a secondary panel sewn to the flat sheet bedding article including a top cover with a drop area attached to a perimeter of the top cover) and Goenka first reference (directed to a durable drop area formed from a second flat woven fabric having warp and weft yarns) and arrived at a top cover with a drop area stitched to a perimeter of the top cover. One of ordinary skill in the art would have been motivated to make such a combination to improve elastic recovery properties, elastomeric components may be inlaid into the knit fabric during fabric formation or during yarn formations taught in Goenka first reference (para [0024]).
As per claim 2, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein the man-made fibers of the staple spun yarns or filament yarns of the second flat woven fabric are either circular cross-section fibers or non-circular cross-section fibers or combination of both (40—Fig.2; para [0032]).
As per claim 3, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein the staple spun yarns for the first flat woven fabric are single end yarns or multi-ply yarns (para [0048]).
As per claim 4, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein the staple spun yarns for the first flat woven fabric include only natural fibers and man-made cellulosic fibers (para [0039]: first flat includes blends of natural and synthetic fibers).
As per claim 5, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein the staple spun yarns for the first flat woven fabric include an intimate blend of natural fibers, man-made cellulosic fibers, and other man-made fibers (para [0039]: first flat includes blends of natural and synthetic fibers).
As per claim 6, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein the staple spun yarns for the second flat woven fabric are single end spun yarns or multi-ply spun yarns (para [0048]).
As per claim 7, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein the filament yarns for the second flat woven fabric are monofilament yarns or multi-filament yarns (para [0042]: up to four continuous filament yarns or more).
As per claim 8, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein a) the warp component and b) the weft component of the second flat fabric includes filament yarns but not staple spun yarns (para [0028]).
As per claim 9, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein a) the warp component and b) the weft component of the second flat fabric includes staple spun yarns but not filament yarns (para [0028]).
As per claim 10, Goenka second reference (as modified) teaches:
The bedding article according to claim 6, wherein the man-made fibers of the second flat woven fabric are polyester fibers (para [0034]).
As per claim 11, Goenka second reference (as modified) teaches: The bedding article according to claim 1, wherein the drop area is stitched to the top cover (para [0056] secondary panels sewn to top cover).
Goenka second reference does not teach, wherein the drop area is stitched to the top cover with at least one pleat or a gathering effect.
Goenka first reference teaches: the drop area with at least one pleat or a gathering effect (22—Fig.7; drop cover with gathering affect).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Goenka second reference (directed to a bedding article provided with a secondary panel sewn to the flat sheet bedding article including a top cover with a drop area attached to a perimeter of the top cover) and Goenka first reference (directed to a durable drop area formed from a second flat woven fabric having warp and weft yarns) and arrived at a top cover with a drop area stitched to a perimeter of the top cover. One of ordinary skill in the art would have been motivated to make such a combination to improve elastic recovery properties, elastomeric components may be inlaid into the knit fabric during fabric formation or during yarn formations taught in Goenka first reference (para [0024]).
As per claim 12, Goenka second reference (as modified) teaches: The bedding article according to claim 1.
Goenka second reference does not teach, further comprising either: a four elastic bands attached to a bottom end of the drop area at corners of the bedding article; or b. four elastic T-bands attached at the corners of the bedding article.
Goenka first reference teaches, further comprising either: a four elastic bands attached to a bottom end of the drop area at corners of the bedding article (40—Fig.7;para [0023]: elastic bands extending along four edges of drop cover); or b. four elastic T-bands attached at the corners of the bedding article.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Goenka second reference (directed to a bedding article provided with a secondary panel sewn to the flat sheet bedding article including a top cover with a drop area attached to a perimeter of the top cover) and Goenka first reference (directed to a durable drop area formed from a second flat woven fabric having warp and weft yarns further comprising either: a four elastic bands attached to a bottom end of the drop area at corners of the bedding article) and arrived at a top cover with a drop area stitched to a perimeter of the top cover further comprising either: a four elastic bands attached to a bottom end of the drop area at corners of the bedding article. One of ordinary skill in the art would have been motivated to make such a combination to fit around sides portion of the mattress. taught in Goenka first reference (para [0023]).
As per claim 13, Goenka second reference (as modified) teaches: The bedding article according to claim 1.
Goenka second reference does not teach, wherein an entirety of a bottom end of the drop area includes an elastic band.
Goenka first reference teaches, wherein an entirety of a bottom end of the drop area includes an elastic band (40—Fig.7;para [0023]: elastic bands extending along four edges of drop cover).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Goenka second reference (directed to a bedding article provided with a secondary panel sewn to the flat sheet bedding article including a top cover with a drop area attached to a perimeter of the top cover) and Goenka first reference (directed to a durable drop area formed from a second flat woven fabric having warp and weft yarns further comprising either: a four elastic bands attached to a bottom end of the drop area at corners of the bedding article) and arrived at a top cover with a drop area stitched to a perimeter of the top cover further comprising either: a four elastic bands attached to a bottom end of the drop area at corners of the bedding article. One of ordinary skill in the art would have been motivated to make such a combination to fit around sides portion of the mattress as taught in Goenka first reference (para [0023]).
As per claim 14, Goenka second reference (as modified) teaches:
The bedding article according to claim 1, wherein the drop area is stitched to an entirety of the perimeter of the top cover with one of the following: an elastic band, a piping, a contrast piping, a cord piping, a flat piping (para [0056]secondary elements may be sewn to panel and elastic material can be secured along panel edges).
As per claim 15, Goenka second reference (as modified) teaches: The bedding article according to claim 1.
Goenka second reference does not teach, wherein the drop area includes one of the following: a) a hook and loop fastener at one corner of the drop area; b) a zipper at one corner of the drop area; or c) a snap fastener at one corner of the drop area.
Goenka first reference teaches, wherein the drop area includes one of the following: a) a hook and loop fastener at one corner of the drop area; b) a zipper at one corner of the drop area; or c) a snap fastener at one corner of the drop area (80—Fig.7 ;para [0038] snap fastener at corner of the drop area 22).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Goenka second reference (directed to a bedding article provided with a secondary panel sewn to the flat sheet bedding article including a top cover with a drop area attached to a perimeter of the top cover) and Goenka first reference (directed to a durable drop area formed from a second flat woven fabric having warp and weft yarns further comprising a snap fastener at one corner of the drop area) and arrived at a top cover with a drop area stitched to a perimeter of the top cover further comprising a snap fastener at one corner of the drop area. One of ordinary skill in the art would have been motivated to make such a combination so that the cover lies flat with respect to the mattress and skirt as taught in Goenka first reference (para [0038]).
As per claim 16, Goenka second reference (as modified) teaches:
A method for manufacturing a bedding article (10—Fig.1; para [0032]), comprising: weaving a first flat woven fabric (40—Fig.1; para [0022]), the first flat woven fabric having a warp component including warp yarns and a weft component including weft yarns interwoven with the warp yarns to define the flat woven fabric (40—Fig.1; para [0022]), wherein at least one of a) the warp component or b) the weft component comprises a plurality of staple spun yarns (para [0025]); cutting the second flat woven fabric into a drop area (para [0056] secondary panels sewn to top cover); and stitching the drop area to the perimeter of the top cover to form the bedding article (para [0056] secondary panels sewn to top cover).
Goenka second reference does not teach, and weaving a second flat woven fabric, the second flat woven fabric having a warp component including warp yarns and a weft component including weft yarns interwoven with the warp yarns to define the flat woven fabric, wherein at least one of a) the warp component or b) the weft component includes staple spun yarns or filament yarns each made of man-made fibers; cutting the first flat woven fabric into a top cover having a perimeter.
Goenka first reference teaches and weaving a second flat woven fabric, the second flat woven fabric having a warp component including warp yarns and a weft component including weft yarns interwoven with the warp yarns to define the flat woven fabric (22—Fig.2B; para [0024]), wherein at least one of a) the warp component or b) the weft component includes staple spun yarns or filament yarns each made of man-made fibers (para [0024]); cutting the first flat woven fabric into a top cover having a perimeter(22—Fig.7; para [0024]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Goenka second reference (directed to a bedding article provided with a secondary panel sewn to the flat sheet bedding article including a top cover with a drop area attached to a perimeter of the top cover) and Goenka first reference (directed to a durable drop area formed from a second flat woven fabric having warp and weft yarns) and arrived at a top cover with a drop area stitched to a perimeter of the top cover. One of ordinary skill in the art would have been motivated to make such a combination to improve elastic recovery properties, elastomeric components may be inlaid into the knit fabric during fabric formation or during yarn formations taught in Goenka first reference (para [0024]).
Response to Arguments
Applicant’s arguments, see pg. 1—6, filed 04/30/2026, with respect to the rejection(s) of claim(s) 1—16 under 35 U.S.C 103 have been fully considered and are not persuasive.
Applicant’s Arguments:
Regarding the Non-Final Rejection filed on 01/08/2026, the Applicant argues,
Regarding claim 1 & 16 However, Goenka-1, fails to teach or suggest "a durable drop area with quick dry property stitched to the perimeter of the top cover, the durable drop area formed from a second flat woven fabric that is different from the first flat woven fabric . . ." as recited in independent claim 1 and as similarly recited in independent claim 16. Indeed, Goenka-1 teaches away from a bedding article as claimed comprising inter alia this feature.
There are "[m]any basic approaches . . . a practitioner may use to demonstrate nonobviousness ... [which] continue to apply in the post-KSR era." MPEP § 2145. Indeed, "familiar lines of argument still apply, including teaching away .. . [which] may have even taken on added importance in view of the recognition in KSR of a variety of possible rationales." MPEP § 2145. "A prior art reference that 'teaches away' from the .. . invention is a significant factor to be considered in determining obviousness . . . ." MPEP § 2145(X)(D)(1). Moreover, "[a] prior art reference must be considered in its entirety, i.e., as awhole, including portions that would lead away from the claimed invention." MPEP § 2141.02(VI) (citing W.L. Gore & Assoc., Inc., 721 F.2d 1540 (1983)). "A reference may be said to teach away when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out in the reference, or would be led in a direction divergent from the path that was taken by the applicant." In re Gurley, 27 F.3d 551, 553 (Fed. Cir. 1994) (emphasis added). Indeed, a "prior art's ... disclosure ... constitutels] a teaching away ... [if it] criticizes], discreditfs], or otherwise discourageIs] the solution claimed . . . ." In re Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004); see MPEP § 2141.02(VI) (emphasis added). "[I]n general, a reference will teach away if it suggests that the line of development flowing from the reference's disclosure is unlikely to be productive of the result sought by the applicant." In re Gurley, 27 F.3d at 553 (Fed. Cir. 1994). Moreover, "lilt is improper to combine references where the references teach away from their combination." MPEP § 2145(X)(D)(II) (citing In re Grasselli, 713 F.2d 731 (Fed. Cir. 1983)) (emphasis added).
Applicant respectfully maintains that Goenka-1 teaches away from a drop area stitched to the perimeter of the top cover, let alone a durable drop area formed from a second flat woven fabric that is different from the first flat woven fabric. Goenka-l's invention specifically includes a removably attachable skirt. When Goenka-l's teachings are considered as a whole, Goenka-1 teaches away from stitching a drop area to the perimeter of the top cover. One skilled in the art, upon reading Goenka-1, would be discouraged from following the path set out in the reference, or would have been led in a direction divergent from the path that was taken by Applicant. The line of development flowing from Goenka-l's disclosure was unlikely to be productive of a drop area stitched to the perimeter of the top cover.
Moreover, Goenka-1 teaches away from the combination with Goenka-2. The Office Action states that Goenka-2 teaches stitching secondary panels to a top cover. See Office Action, pp. 3, 6, 10. Assuming arguendo that this is true (not admitted), Goenka-1's invention specifically relates to a removable skirt that is not stitched to the cover. Goenka-1 teaches that:
A mattress pad or cover provides an added layer of cushioning and may also
serve as a protector for the mattress. Typically, mattress covers include a top panel and side panels or discrete elastic straps that secure the top panel of the cover to the mattress. In some cases, the top panel of the cover includes a fibrous batting or foam encased in textile material. In use, a mattress cover is secured to the top mattress via the side panels (or straps) such that the top panel of the mattress cover over lies the top panel of the mattress. When the cover is in place, bed linens, such
as fitted and flat sheets, are placed around the mattress cover.
Mattress covers need to be cleaned. But removing the mattress cover for
proper cleaning is cumbersome and timing consuming. For instance, first the bed linens must be removed from the mattress. Then the entire mattress cover is removed from the mattress by removing the side panels from beneath the mattress.
If the cover includes side straps, the cover is removed by detaching the straps from the mattress. The mattress cover can then be cleaned as needed per its care instructions. After the mattress cover is cleaned, the cover side panels (or straps) are then placed around the mattress to secure the mattress cover in place. The bed
linens are then placed around the clean mattress cover. Goenka-1, [0003]-[0004].
Thus, Goenka-1 teaches away from a fitted sheet as allegedly taught by Goenka-2 where the secondary panels are stitched to the cover. Goenka-l's invention is entirely focused on overcoming the drawbacks associated with such stitched constructions. Moreover, modifying Goenka-2 to incorporate the teachings of Goenka-1 would change the principle of operation of Goenka-1. Accordingly, for these further reasons, the present claims are not rendered obvious by any alleged combination of Goenka-2 with Goenka-1.
Examiner's Response to Arguments:
The examiner respectfully disagrees to the Applicant’s Arguments for the following reasons:
1) Regarding claim 1 & 16 the examiner relies on the teachings of U.S Patent Application 2018/0080151 A1 to Goenka second reference in view of U.S Patent Application 2017/0042348 A1 to Goenka first reference to form the basis of the rejection. The examiner submits that Goenka second reference teaches stitching a drop area to the perimeter of the top cover and modifying the drop area of Goenka second reference with Goenka first reference would not teach away from the Goenka second reference (directed to a bedding article provided with a secondary panel sewn to the flat sheet bedding article including a top cover with a drop area attached to a perimeter of the top cover) and Goenka first reference (directed to a durable drop area formed from a second flat woven fabric having warp and weft yarns) would arrive at a top cover with a drop area stitched to a perimeter of the top cover wherein a durable drop area formed from a second flat woven fabric having warp and weft yarns. One of ordinary skill in the art would have been motivated to make such a combination to improve elastic recovery properties of the drop area wherein, elastomeric components may be inlaid into the knit fabric during fabric formation or during yarn formations taught in Goenka first reference (para [0024]). The examiner relies on the teachings of Goenka first reference to modify the material of which the drop area is formed from, therefore the examiner maintains that Goenka second reference as modified by Goenka first reference does not teach away from Goenka second reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2014/0352073 A1 discloses A semi-absorbent, semi-resistant, breathable fabric includes a single-layer having a first, hydrophilic side that absorbs water, and a second, hydrophobic side; wherein the first, hydrophilic side of the single-layer fabric quickly spreads out a liquid that is absorbed laterally to a wider area such that the absorbed liquid does not seep or pass through to the second, hydrophobic side of the single-layer fabric under gravitational force.
US 2007/0141335 A1 yarns and threads that can be expanded after being woven into fabric, or used to fabricate various useful products and thereafter expanded, so as to provide improved functionality.
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 Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
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/D.T.G./Examiner, Art Unit 3673 07/15/2026
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
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