DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of speculative applications (e.g. “once washed” “reinstalled onto the elastic section using, for example, the circumferential zipper around the removable section”) and purported merits (e.g. “a comfortable fabric layer” “easily removable” “can be easily reinstalled”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-2, 3, 9-10, 12-13, and 17-18 are objected to because of the following informalities:
Regarding claims 1, 9, and 17, the limitations “wherein said fitted sheet having a… fastener” should probably be read as “said fitted sheet having a… fastener”
Regarding claims 1, 9, and 17, the limitation “wherein first elastic section having a first…” should probably read as “said first elastic section having a first…”
Regarding claims 1, 9, and 17, the limitation “wherein second… section having a second…” should probably read as “said second… section having a second…”
Regarding claims 1, 9, and 17, every instance of the limitations “..edge proximal to…” should probably read as “…edge is proximal to…”.
Regarding claim 2 and 10, every instance of the limitations “wherein said first elastic section having a water-resistant material” should probably read as “wherein said first elastic section comprises a water-resistant material”
Regarding claims 4, 13, and 18, the limitations “material different from said second” should probably read as “material is different from said second…”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 12, the limitation “…of claim 9, said first material selected from a group consisting of a rubber material, a vinyl material, a flannel material, and a canvas material” is recited. However, claim 12 is dependent on claim 9 that previously establishes “first elastic section having a first material selected from a group consisting of a plastic, a stretchable knitted polyester, a cotton, a bamboo, a linen, a silk, a microfiber, and a satin”. The term consisting of considers that no other material is considered by exclusion of ‘consisting of’. However, the dependent claim 12 then tries to expand this list, which leaves a question of how the invention can at it’s independent claim exclude these materials, and then include them simultaneously? The limitation is convoluting and fails to include the antecedent features of the claim and may arise to a matter of 112d; it is considered claim 12 should likely be cancelled and claims 13/15 are dependent on claim 12. However, clarity and explanation is respectfully requested and otherwise amendment is necessary. For the purposes of examination, the claim is considered to consider a vinyl (plastic) flannel (knitted polyester/cotton/linen) and canvas (polyester/cotton/linen/silk/microfiber/satin) material to anticipate. Though it is noted that such consideration thereby is anticipated by claim 9 as no substantive matter Is considered added to the scope of the claimed invention.
Claims 13 and 15 are additionally rejected under 35 U.S.C. 112b or pre-AIA 35 U.S.C. 112 second paragraph as being dependent on a rejected antecedent claim (at least claims 12 and 13 by dependency on 12).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Scarleski (U.S. Pub. No. 20170340132).
Regarding claim 1, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37d) a fitted mattress cover for a mattress (As illustrated in FIGS. 1A-1B, 37-37d, and conveyed through FIG. 14 and 15), the fitted mattress cover comprising: a pliable fitted sheet having a first elastic section configured to cover the sides, corners, and a portion of the underside of the mattress ([0206]: “In addition, the side panels 170 may be made from an elastic material, as set forth in the 706 patent”), and a second section selectively removable from said first elastic section (correspondent 132; FIG. 1A-1B); wherein said fitted sheet having a fastener (140; FIG. 1B) for selectively fastening said second section to said first elastic section (as illustrated between FIGS. 1A-1B); wherein said first elastic section having a first durable material (As illustrated in FIG. 1A-1B) selected from a group consisting of a plastic material ([0147]: “thermoplastic”, a rubber material ([0147]: “rubber”), a vinyl material ([0147]: “polyvinylchloride”/”vinyl acetate”), a flannel material ([0147]: “polyester”), and a canvas material ([0147]: “cotton); wherein said second section having a second soft fabric material selected from a group consisting of a cotton ([0147]: “cotton”), a linen ([0181]: “bamboo knit fabric”), a silk ([0147]: “nylon”), a microfiber ([0107]: “microfiber/polyester knit”), and a satin ([0147]: “polyester”); wherein said second section includes a generally rectangular configuration having an upper edge, a lower edge, a first side edge, and a second side edge (As eminently demonstrated in FIG. 1A-1B); and further wherein said upper edge proximal to a top upper edge of the mattress, said lower edge proximal to a top lower edge of the mattress, said first side edge proximal to a top first side edge of the mattress, and said second side edge proximal to a top second side edge of the mattress as illustrated and demonstrated in FIGS. 1A-1B and conveyed through FIGS. 14-15.
Regarding claim 2, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 1, wherein said first elastic section having a water-resistant material. ([0180]: “The top panel 32 defines an interior surface 52 and an exterior surface 50. The interior surface 52 is formed with a waterproof coating or membrane, for example, polyurethane or other conventional waterproof coating… The waterproof membrane may be coated on one side of the upper panel 32”
Regarding claim 3, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 2, wherein said fastener is a zipper (140; as illustrated in FIGS. 1A-1B)
Regarding claim 4, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 3, wherein said first durable material different from said second soft fabric material. Where [0117] clarifies “The following textile materials may also be used for the various surfaces discussed above. These textile materials can be used uncoated or coated on one or both sides “ and clearly and eminently provides that if one or both is availed ‘one’ must clearly be that the materials of the top and bottom/both sides are different.
Regarding claim 5, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 3, wherein said first durable material is the same as said second soft fabric material. Where [0117] clarifies “The following textile materials may also be used for the various surfaces discussed above. These textile materials can be used uncoated or coated on one or both sides “ and clearly and eminently provides that if one or both is availed ‘both’ must clearly be that the materials of the top and bottom/both sides are the same.
Regarding claim 6, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 4, wherein said second soft fabric material is machine washable. Where [0194] clarifies “Enabling the mattress 58 to be easily installed or removed to change and/or launder the bed skirt or the encasement.” And claim 2 eminently provides “wherein said top panel, bottom panel and said side panels including said fixed side panel are made from a launderable material.” And clearly intends for machine washing as consideration is levied to [0012] “Also, frequent washing of sheets in commercial facilities tends to wear out the elastic in fitted sheets. As such, fitted sheets used in such facilities need to be replaced in applications in commercial facilities more frequently than straight sheets”
Regarding claim 7, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 5, wherein said second soft fabric material is machine washable. Where [0194] clarifies “Enabling the mattress 58 to be easily installed or removed to change and/or launder the bed skirt or the encasement.” And claim 2 eminently provides “wherein said top panel, bottom panel and said side panels including said fixed side panel are made from a launderable material.” And clearly intends for machine washing as consideration is levied to [0012] “Also, frequent washing of sheets in commercial facilities tends to wear out the elastic in fitted sheets. As such, fitted sheets used in such facilities need to be replaced in applications in commercial facilities more frequently than straight sheets”
Regarding claim 8, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 6, wherein said first durable material is machine washable. Where [0194] clarifies “Enabling the mattress 58 to be easily installed or removed to change and/or launder the bed skirt or the encasement.” And claim 2 eminently provides “wherein said top panel, bottom panel and said side panels including said fixed side panel are made from a launderable material.” And clearly intends for machine washing as consideration is levied to [0012] “Also, frequent washing of sheets in commercial facilities tends to wear out the elastic in fitted sheets. As such, fitted sheets used in such facilities need to be replaced in applications in commercial facilities more frequently than straight sheets”
Regarding claim 9, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) a fitted mattress cover for a mattress (As illustrated in FIGS. 1A-1B, 37-37d, and conveyed through FIG. 14 and 15), the fitted mattress cover comprising: a pliable fitted sheet having a first elastic section configured to cover the sides, corners, and a portion of the underside of the mattress ([0206]: “In addition, the side panels 170 may be made from an elastic material, as set forth in the 706 patent”), and a second section selectively removable from said first elastic section (correspondent 132; FIG. 1A-1B); wherein said fitted sheet having a fastener (140; FIG. 1B) for selectively fastening said second section to said first elastic section (as illustrated between FIGS. 1A-1B); wherein said first elastic section having a first material (As illustrated in FIG. 1A-1B) selected from a group consisting of a plastic material ([0147]: “thermoplastic”, a stretchable knitted polyester ([0014] and [0097]: “polyester knit”), a cotton ([0117]: “cotton”), a bamboo ([0014] and 0181: “bamboo”), a linen ([0181]: “bamboo knit fabric”), a silk ([0147]: “nylon”), a microfiber ([0107]: “microfiber/polyester knit”), and a satin ([0147]: “polyester”); wherein said second section having a second material selected from a group consisting of a stretchable knitted polyester ([0014] and [0097]: “polyester knit”), a cotton ([0117]: “cotton”), a bamboo ([0014] and 0181: “bamboo”), a linen ([0181]: “bamboo knit fabric”), a silk ([0147]: “nylon”), a microfiber ([0107]: “microfiber/polyester knit”), and a satin ([0147]: “polyester”); wherein said second section includes a generally rectangular configuration having an upper edge, a lower edge, a first side edge, and a second side edge (As eminently demonstrated in FIG. 1A-1B); and further wherein said upper edge proximal to a top upper edge of the mattress, said lower edge proximal to a top lower edge of the mattress, said first side edge proximal to a top first side edge of the mattress, and said second side edge proximal to a top second side edge of the mattress as illustrated and demonstrated in FIGS. 1A-1B and conveyed through FIGS. 14-15.
Regarding claim 10, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 9, wherein said first elastic section having a water-resistant material. ([0180]: “The top panel 32 defines an interior surface 52 and an exterior surface 50. The interior surface 52 is formed with a waterproof coating or membrane, for example, polyurethane or other conventional waterproof coating… The waterproof membrane may be coated on one side of the upper panel 32”.
Regarding claim 11, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 9, wherein said fastener is a zipper (140; as illustrated in FIGS. 1A-1B).
Regarding claim 12, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 9, wherein said first material selected from a group consisting of a rubber material, a vinyl material, a flannel material, and a canvas material. As set forth in the 112b Rejection of the instant office action, the claim is considered to be anticipated if the prior art avails a vinyl (plastic) flannel (knitted polyester/cotton/linen) and canvas (polyester/cotton/linen/silk/microfiber/satin) material, to which Scarleski avails through the clarifying disclosure and as previously cited in claim 9.
Regarding claim 13, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 12, wherein said first material different from said second material. Where [0117] clarifies “The following textile materials may also be used for the various surfaces discussed above. These textile materials can be used uncoated or coated on one or both sides “ and clearly and eminently provides that if one or both is availed ‘one’ must clearly be that the materials of the top and bottom/both sides are different.
Regarding claim 14, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 11, wherein said first material is the same as said second material. Where [0117] clarifies “The following textile materials may also be used for the various surfaces discussed above. These textile materials can be used uncoated or coated on one or both sides “ and clearly and eminently provides that if one or both is availed ‘both’ must clearly be that the materials of the top and bottom/both sides are the same.
Regarding claim 15, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 13, wherein said first material and said second material are machine washable. Where [0194] clarifies “Enabling the mattress 58 to be easily installed or removed to change and/or launder the bed skirt or the encasement.” And claim 2 eminently provides “wherein said top panel, bottom panel and said side panels including said fixed side panel are made from a launderable material.” And clearly intends for machine washing as consideration is levied to [0012] “Also, frequent washing of sheets in commercial facilities tends to wear out the elastic in fitted sheets. As such, fitted sheets used in such facilities need to be replaced in applications in commercial facilities more frequently than straight sheets”
Regarding claim 16, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 14, wherein said first material and said second material are machine washable. Where [0194] clarifies “Enabling the mattress 58 to be easily installed or removed to change and/or launder the bed skirt or the encasement.” And claim 2 eminently provides “wherein said top panel, bottom panel and said side panels including said fixed side panel are made from a launderable material.” And clearly intends for machine washing as consideration is levied to [0012] “Also, frequent washing of sheets in commercial facilities tends to wear out the elastic in fitted sheets. As such, fitted sheets used in such facilities need to be replaced in applications in commercial facilities more frequently than straight sheets”
Regarding claim 17, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) a fitted mattress cover for a mattress (As illustrated in FIGS. 1A-1B, 37-37d, and conveyed through FIG. 14 and 15), the fitted mattress cover comprising: a pliable fitted sheet having a first elastic section configured to cover the sides, corners, and a portion of the underside of the mattress ([0206]: “In addition, the side panels 170 may be made from an elastic material, as set forth in the 706 patent”), and a second section selectively removable from said first elastic section (correspondent 132; FIG. 1A-1B); wherein said fitted sheet having a zipper fastener (140; FIG. 1B) for selectively fastening said second section to said first elastic section (as illustrated between FIGS. 1A-1B); wherein said first elastic section having a first material (As illustrated in FIG. 1A-1B) selected from a group consisting of a plastic material ([0147]: “thermoplastic”, a stretchable knitted polyester ([0014] and [0097]: “polyester knit”), a cotton ([0117]: “cotton”), a bamboo ([0014] and 0181: “bamboo”), a linen ([0181]: “bamboo knit fabric”), a silk ([0147]: “nylon”), a microfiber ([0107]: “microfiber/polyester knit”), and a satin ([0147]: “polyester”); wherein said second section having a second material selected from a group consisting of a stretchable knitted polyester ([0014] and [0097]: “polyester knit”), a cotton ([0117]: “cotton”), a bamboo ([0014] and 0181: “bamboo”), a linen ([0181]: “bamboo knit fabric”), a silk ([0147]: “nylon”), a microfiber ([0107]: “microfiber/polyester knit”), and a satin ([0147]: “polyester”); wherein said second section includes a generally rectangular configuration having an upper edge, a lower edge, a first side edge, and a second side edge (As eminently demonstrated in FIG. 1A-1B); and further wherein said upper edge proximal to a top upper edge of the mattress, said lower edge proximal to a top lower edge of the mattress, said first side edge proximal to a top first side edge of the mattress, and said second side edge proximal to a top second side edge of the mattress as illustrated and demonstrated in FIGS. 1A-1B and conveyed through FIGS. 14-15.
Regarding claim 18, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 17, wherein said first material different from said second material. Where [0117] clarifies “The following textile materials may also be used for the various surfaces discussed above. These textile materials can be used uncoated or coated on one or both sides “ and clearly and eminently provides that if one or both is availed ‘one’ must clearly be that the materials of the top and bottom/both sides are different.
Regarding claim 19, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 17, wherein said first material is the same as said second material. Where [0117] clarifies “The following textile materials may also be used for the various surfaces discussed above. These textile materials can be used uncoated or coated on one or both sides “ and clearly and eminently provides that if one or both is availed ‘both’ must clearly be that the materials of the top and bottom/both sides are the same.
Regarding claim 20, Scarleski discloses (FIGS. 1A-1B, 14-15, and 37-37) the fitted mattress cover of claim 19, wherein said first material and said second material are machine washable. Where [0194] clarifies “Enabling the mattress 58 to be easily installed or removed to change and/or launder the bed skirt or the encasement.” And claim 2 eminently provides “wherein said top panel, bottom panel and said side panels including said fixed side panel are made from a launderable material.” And clearly intends for machine washing as consideration is levied to [0012] “Also, frequent washing of sheets in commercial facilities tends to wear out the elastic in fitted sheets. As such, fitted sheets used in such facilities need to be replaced in applications in commercial facilities more frequently than straight sheets”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited on the Notice of References Cited (PTO-892) were considered pertinent because they address the state of the art concerning mattress covers, fastening means and configurations thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke F Hall whose telephone number is (571)272-5996. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached on 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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/LUKE HALL/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673