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 December 16, 2025, have been entered. Claims 1, 14, 21, and 22 have been amended. Claims 7-13 have been cancelled. Claims 23-28 have been added. Claims 1-6 and 14-28 are currently pending in the application. The amendments to the claims have overcome the previous rejections under 35 U.S.C. 112(b).
Applicant argues, on page 10 of Applicant’s remarks, that the previously cited prior art does not sufficiently disclose, teach, or suggest the amended subject matter of the base layer including a taper portion between the distal end and the proximal end. However, a new rejection has been entered, with Flick (U.S. Publication No. 2011/0010865) being cited for teaching the taper portion, 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 14-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rasmussen (U.S. Publication No. 2022/0167753) in view of Flick (U.S. Publication No. 2011/0010865) and Wood (U.S. Publication No. 2012/0233784) and further in view of McGuire (U.S. Publication No. 2023/0127744).
Regarding claim 14, Rasmussen teaches a mattress assembly 200, comprising: a base layer (defined by the bottom portion of cover 105, Figure 5), and the base layer having having a base surface (defined by the top layer of the bottom portion of clover 105, Figure 5); a support layer 210 having a first support surface (defined by the bottom surface) and a second support surface (defined by the top surface, Figure 5), the support layer 210 extending across the base surface such that the first support surface of the support layer 210 opposes with the base surface of the base 105 (Figures 3-5); a gel layer 240 (paragraph 0038 and Figure 5) having a first gel surface (defined by the bottom surface) and a second gel surface (defined by the top surface, Figure 5), the gel layer 240 extending across the support layer such that the first gel surface of the gel layer 240 interfaces with the second support surface of the support layer 210 (paragraph 0038); an adaptive foam layer 260 having a first foam surface (defined by the bottom surface) and a second foam surface (defined by the top surface, Figure 3, and paragraph 0037, where the support layer may comprise foam), the adaptive foam layer 260 extending across the gel layer 240 such that the first foam surface of the adaptive foam layer 260 interfaces with the second gel surface of the gel layer 240 (Figures 2-4); and an elastomeric layer 230, including: a flex foam encasement 134 (defined by the portion of the foam encasement 134 which lies on the perimeter of the elastomeric layer 130, see annotated Figure 2, below, and paragraph 0032); a first thermoplastic elastomer grid zone 132; a second thermoplastic elastomer grid zone 132; and a third thermoplastic elastomer grid zone 132 (Figures 2 and 5), wherein the flex foam encasement 134 provides a perimeter around the first, second and third thermoplastic elastomer grid zones (Figure 2 and paragraph 0032); wherein the elastomeric layer 230 extends across the adaptive foam layer 260 such that a first surface of the elastomeric layer 230 interfaces with the second foam surface of the adaptive foam layer 260 (Figure 5).
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Rasmussen does not disclose a base layer comprising a distal end and a proximal end, the base layer including a taper portion between the distal end and the proximal end a first thermoplastic elastomer grid zone including first and second cushion elements configured to attach together; a second thermoplastic elastomer grid zone including third and fourth cushion elements configured to attach together; and a third thermoplastic elastomer grid zone including fifth and sixth cushion elements configured to attach together; and wherein the first, second and third thermoplastic elastomer grid zones of the elastomeric layer comprises a composition that includes graphene.
Flick teaches a base layer 552-558 comprising a distal end 552 and a proximal end 558, the base layer including a taper portion between the distal end and the proximal end (Figure 34, paragraph 0127).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Rasmussen with Flick (both being directed to layered elastomeric gel mattresses) and arrived at a base layer comprising a distal end and a proximal end, the base layer including a taper portion between the distal end and the proximal end. One of ordinary skill in the art would have been motivated to do so because the tapered base layer of Flick reduces pressure on a user’s feet (paragraph 0127).
Wood teaches a first thermoplastic elastomer grid zone 110 including first and second cushion elements 110a and 110b configured to attach together (Figure 7); a second thermoplastic elastomer grid zone 112 including third and fourth cushion elements 112A and 112B configured to attach together (Figure 7); and a third thermoplastic elastomer grid zone 114 including fifth and sixth cushion elements 114A and 114B configured to attach together (Figure 7 and paragraph 0026)
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Rasmussen, as modified, with Wood (both being directed to an elastomeric gel mattress) such that the first, second, and third thermoplastic elastomer grid zones each including two cushion elements configured to attach together. One of ordinary skill in the art would have been motivated to do so because the two elements in each zone of Wood, allow for two different users to rest on the same mattress where each may have a customized and individual mattress support and feel (paragraph 0026).
McGuire (U.S. Publication No. 2023/0127744) teaches wherein the elastomeric layer 104 comprises a composition that includes graphene (paragraphs 0042 and 0052-0053 and Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Rasmussen, as modified, with McGuire (both being directed to a layered foam mattress) such that the elastomeric layer comprises a composition that includes graphene. One of ordinary skill in the art would have been motivated to do so because the graphene of McGuire is able to conduct heat away from a user, providing a cooling effect (paragraph 0040, 0042, and 0052-0053).
Regarding claim 15, Rasmussen, as modified, discloses the subject matter as discussed above with regard to claim 14. Rasmussen, as modified, further discloses wherein the flex foam encasement 134 is formed by a plurality of flex foam encasement parts (Figure 2 and paragraph 0024).
Regarding claim 16, Rasmussen, as modified, discloses the subject matter as discussed above with regard to claim 14. Rasmussen, as modified, further discloses wherein the flex foam encasement 134 and the first, second, third, fourth, fifth, and sixth cushion elements 132 each have the same height (see Rasmussen, Figure 2 and see Wood, Figure 2A-B and paragraph 0023, where the gel grid is same height throughout).
Regarding claim 17, Rasmussen, as modified, discloses the subject matter as discussed above with regard to claim 14. Rasmussen, as modified, further discloses wherein the first, second, third thermoplastic elastomer grid zones 132 extend laterally across the center opening of the flex foam encasement 230 (see Rasmussen, Figure 2 where the grid zones extend laterally, and see Wood, Figure 7 where each zone 110, 112, and 114 is laterally arrange across the width of the mattress).
Regarding claim 18, Rasmussen, as modified, discloses the subject matter as discussed above with regard to claim 14. Rasmussen, as modified, further discloses wherein the first, second, and third thermoplastic elastomer grid zones 110, 112, and 114 of the elastomeric layer each include different material compositions (see Wood, paragraph 0006).
Regarding claim 20, Rasmussen, as modified, discloses the subject matter as discussed above with regard to claim 14. Rasmussen, as modified, further discloses a first divider separating the first and second thermoplastic elastomer grid zones 132 of the elastomeric layer 130 (see Rasmussen, annotated Figure 2, above) and a second divider separating the second and third thermoplastic elastomer grid zones 132 of the elastomeric layer (see Rasmussen, annotated Figure 2, above), wherein the first and second dividers are separate parts from the flex foam encasement (see Rasmussen, annotated Figure 2, above and paragraph 0032, where the flex foam encasement is defined by the foam perimeter portions of the elastomeric layer 130, as discussed above).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Rasmussen in view of Wood, Flick, and McGuire and further in view of Jewett (U.S. Publication No. 2018/0368584).
Regarding claim 19, Rasmussen, as modified, discloses the subject matter as discussed above with regard to claim 14. Rasmussen, as modified, a spring layer 220 between the gel layer 240 and the support layer 210, wherein the spring layer 220 includes a plurality of coil 122 each individually pocketed in casings made of bags 124 (Figure 5 and paragraph 0020).
Rasmussen, as modified, does not disclose the plurality of coils each disposed in individually pocketed in casings made of non-woven bags.
Jewett teaches wherein the spring layer 12 includes a plurality of coils 28 each individually pocketed in casings made of non-woven bags (paragraph 0045 and Figures 1A, 2, and 3A).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Rasmussen, as modified, with Jewett (both being directed to a layered foam mattress) such that the plurality of coils are each disposed in individually pocketed in casings made of non-woven bags. One of ordinary skill in the art would have been motivated to do so because the pockets of Jewett is able to prevent noise when the spring layer is compressed and expanded.
Allowable Subject Matter
Claims 1-6 and 21-28 are allowed. The following is an examiner’s statement of reasons for allowance:
Regarding independent claims 1, 21, and 22, Rasmussen (U.S. Publication No. 2022/0167753) teaches a mattress assembly 100, comprising: a base 120 and 110 having a base surface (defined by the top layer of the base 120, Figure 3); a support layer 140 having a first support surface (defined by the bottom surface) and a second support surface (defined by the top surface, Figure 3), the support layer 140 extending across the base surface such that the first support surface of the support layer 140 interfaces with the base surface of the base 120 (Figures 2-4); an elastomeric layer 130, including: a flex foam panel 134 defining a plurality of cut out portions (defined by the portions in which gel grid 134 sits, Figures 2-3, also see paragraph 0032); and a plurality of individual cushion elements 132 each being disposed respectively within a cut out portion of the plurality of cut out portions of the flex foam panel 134 (Figures 2-3 and paragraph 0032), wherein the second support surface of the support layer 140 interfaces with the elastomeric layer 130 (Figures 2-4), a memory foam layer 160 having a first surface (defined by the bottom surface) and a second surface (defined by the top surface, Figure 3 and paragraph 0036), the memory foam layer 160 extending across the elastomeric layer 130 such that the first surface of the memory foam layer 160 interfaces with the elastomeric layer 130 (Figures 2-4); and a cover 105 having a cover surface that interfaces with the second surface of the memory foam layer 160 (Figure 3 and paragraph 0036, where there may only be one or more comfort layers 150 or 160 above elastomeric layer 130), wherein the cover 105 attaches to the base 120 and 110 (Figures 2-3 and paragraph 0039).
McGuire (U.S. Publication No. 2023/0127744) teaches wherein the elastomeric layer 104 comprises a composition that includes graphene (paragraphs 0042 and 0052-0053 and Figure 1).
Halliday (U.S. Patent No. 12,156,595) teaches a first mattress cover 102b and a second mattress cover 102a (Figure 9 and Col. 13, lines 7-56).
McGuiness (U.S. Publication No. 2016/0088951) teaches the mattress assembly 10 being a tri-fold mattress 10 (Figures 1-3), the mattress assembly 10 comprising: a first segment 11, a second segment 12, and a third segment 13 (Figure 1); wherein mattress sections within the first, second, and third segments 11-13 (paragraphs 0034, 0058, 0069, which discuss the mattress sections) are respectively concealed (via quilting covering discussed in paragraph 0040) within the first, second, and third segments by a zip-fastener (discussed in paragraph 0040).
Jewett (U.S. Publication No. 2018/0368584) teaches wherein the spring layer 12 includes a plurality of coils 28 each individually pocketed in casings made of non-woven bags (paragraph 0045 and Figures 1A, 2, and 3A).
None of the above cited prior art discloses, teaches, or suggest the flex foam panel defining a plurality of cut-out portions arranged in a 5x7 grid pattern that extends from a distal end to a proximal end, the cut-out portion of the plurality of cut out portions each having a through-opening that provides rear access to the respective individual cushion element disposed therein.
Youngblood (U.S. Patent No. 12,070,130) is cited as being of interest for teaching a mattress topper defining a plurality of cut-out portions (defined by the dividers 242) arranged in a grid pattern that extends from a distal end to a proximal end (Figure 5D). However, Youngblood does not disclose, teach, or suggest the mattress topper being a foam panel or the cut-out portion of the plurality of cut out portions each having a through-opening that provides rear access to the respective individual cushion element disposed therein. Lall (U.S. Publication No. 2013/0152305) is additionally cited as being of interest for teaching cut out portions 120 arranged in a grid pattern each having a through-opening that provides rear access to the respective individual cushion element 140 disposed therein (Figures 3A-3B, where each cushion 3A is extends through the top and bottom of the cut-out portions 120). However, like Youngblood, Lall does not disclose the cut-out portions being provided on a foam panel. Additionally, the cushion elements of Lall are provided specifically to extend above and below the cut-out portions such that they bear the load of an object or person subjecting weight to the mattress (paragraph 0024). This contrasts to the cushion elements 132 of Rasmussen which are provided specifically in areas where increased pressure is expected to be applied by a person lying on the mattress (see Rasmussen, paragraph 0025), such that there is no motivation to combine with Rasmussen, as modified, as the grid-patterned cut-out portions and the cushion elements of Lall would likely alter the cushioning effect of Rasmussen and render Rasmussen less effective for its intended use. As such, there is no disclosure, teaching, or suggestion in the prior art of record such that a rejection of independent claims 1, 21, and 22 would not be reasonably maintained. Claims 2-6 and 23-28 are additionally allowable by virtue of their dependence from claims 1, 21, and 22.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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