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 .
Status of the Application
Claims 1-11 are pending. Claims 1-11 have been examined in this application. The IDS dated 18 October 2023 has been considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the first pivot point being positioned on the sidewall along the rigid bottom side between the first section and the second section, […] a first set of angles being positioned at the first pivot point when the mattress pad is in the flat configuration, the first set of angles comprising: a first acute angle being formed along the rigid bottom side in the sidewall of the first section; a first obtuse angle being formed along the rigid bottom side in the sidewall of the second section; a second pivot point being between the third section and the second section, the second pivot point being positioned on the sidewall along the rigid bottom side between the third section and the second section, the third section pivoting around the second pivot point to transition between the flat configuration and the folded configuration; a second set of angles being positioned at the second pivot point when the mattress pad is in the flat configuration, the second set of angles comprising: a second acute angle being formed along the rigid bottom side in the sidewall of the third section; a second obtuse angle being formed along the rigid bottom side in the sidewall of the second section” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. None of the figures originally filed show the claimed angle and pivot configuration of claims 6 and 11. Claims 6 and 11 require first and second pivot points both located along the rigid bottom side. Figures 1-3 and 11 show two pivot points but not both being on the rigid bottom side. It is clearly taught that one pivot is on the top side and one is on the bottom in Figs. 1-3 and 11. Figure 12 looks as if the pivots may be on the same side but there are no reference numerals or specification explanation to support this. Additionally, even if Fig. 12 was showing two pivot points on the top most surface (which may be considered the rigid bottom side), the angles are opposite to those of claims 6 and 11. See the annotated copy of Fig. 12 showing the oppositely claimed angles. Finally, based only on the picture of Fig. 13 one I unable to definitively tell what sides the pivots are on. Additionally, on page 6, lines 7-23 of the specification, when referencing Fig. 13, the Applicant discloses “Each of the first 14 and third 18 sections pivot toward the second section 16 into the folded configuration 32. For example, the first section 14 may pivot upwardly toward the second section 16 such that the top side 20 of the first section 14 contacts the top side 20 of the second section 16 when the first section 14 and the second section 16 are in the folded configuration 32. The third section 18 may pivot downwardly toward the second section 16 such that the rigid bottom side 26 of the third section 18 contacts the rigid bottom side 26 of the third section 18 when the second section 16 and the third section 18 are in the folded configuration 32.“
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Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 11 is objected to because of the following informalities: In claims 1 11 include the terms “rigid bottom side” and “bottom side”. The Examiner requests the use of consistent terms throughout the claims. The limitations “the bottom side” in claim 1 (line 8) and claim 11 (line 10) should be changed to read - - the rigid bottom side - -., Appropriate correction is required.
In claim 1, line 10, the limitation “each of the first section and the third pivot” should be changed to read - - each of the first section and the third section pivot - -.
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.
Claims 6 and 11 are 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.
Claims 6 and 11 recite the limitations "the first pivot point being positioned on the sidewall along the rigid bottom side between the first section and the second section" and “the second pivot point being positioned on the sidewall along the rigid bottom side between the third section and the second section”. The sidewall and the rigid bottom side are singular references which means the limitation requires the pivot only be on one sidewall and one rigid bottom side. However, claim 1 teaches that each of the first, second and third sections include a top side, rigid bottom side, and a sidewall. For this reason it is unclear which side walls and rigid bottom sides are being claimed in the limitations of claim 6 above. The Examiner welcomes an interview to discuss the limitations further and help with rewording claims 6 and 11 to clearly define the location of the pivots and relative angles.
Claim 11 recites the limitations “a first pivot point being between the first section and the second section, the first pivot point being positioned on the sidewall along the rigid bottom side between the first section and the second section, the first section pivoting around the first pivot point to transition between the flat configuration and the folded configuration; a first set of angles being positioned at the first pivot point when the mattress pad is in the flat configuration, the first set of angles comprising: a first acute angle being formed along the rigid bottom side in the sidewall of the first section; a first obtuse angle being formed along the rigid bottom side in the sidewall of the second section; a second pivot point being between the third section and the second section, the second pivot point being positioned on the sidewall along the rigid bottom side between the third section and the second section, the third section pivoting around the second pivot point to transition between the flat configuration and the folded configuration; a second set of angles being positioned at the second pivot point when the mattress pad is in the flat configuration, the second set of angles comprising: a second acute angle being formed along the rigid bottom side in the sidewall of the third section; a second obtuse angle being formed along the rigid bottom side in the sidewall of the second section; each of the first and third sections pivoting toward the second section into the folded configuration” and “wherein the first section pivots upwardly toward the second section such that the top side of the first section contacts the top side of the second section when the first section and the second section are in the folded configuration, and wherein the third section pivots downwardly toward the second section such that the rigid bottom side of the third section contacts the rigid bottom side of the third section when the second section and the third section are in the folded configuration.” The claim includes two conflicting teachings: 1) first and second pivots both being formed on the rigid bottom side and 2) the first section pivots upwardly and the third section pivots downwardly relative to the second section. The Examiner believes that the Applicant intends for the pivot points to be located on opposing walls.
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, 2, 4, 5, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feezel et al. (US Patent No. 2,885,695 – hereinafter Feezel) in view of Goodman et al. (US Patent No. 3,138,806 – hereinafter Goodman).
Regarding Claim 1: Feezel discloses a padding device comprising: a mattress [device] having a first section (9 of Feezel), a second section (8 of Feezel), and a third section (9 of Feezel “It comprises at least two, normally three, bed board sections of substantially fiat configuration and having adjacent junction ends and with connection means controllably cooperable in a first manner with the adjacent junction ends to connect and relatively stiffen the bed board sections in end-to-end relationship and which defines a longitudinal bed board.”), the second section being between the first and third sections, each of the first and third sections being pivotably attached to the second section, each of the first section, the second section, and the third section including: a […] top side (see annotated copy 1 of Fig. 2 of Feezel); a rigid bottom side (as shown in annotated copy of Fig. 2 of Feezel); a sidewall extending between the […] top side and the bottom side (see the vertical walls extending between the bottom sides and top sides of sections 8, 9, and 9 of Feezel - annotated copy 1 of Fig. 2 of Feezel); the mattress pad having a flat configuration (the flat configurations shown in Figs. 1-2 of Feezel) and a folded configuration (shown in Figs. 3, 4 and 7 of Feezel), wherein each of the first section and the third [section] pivot relative to the second section to transition between the flat configuration and the folded configuration (Col. 3, lines 6-14 of Feezel - “The hinge means 11 are controllably cooperable in a second manner to provide a freely rotatable pivotal connection between the bed board sections 8 and 9 for rotation about an axis transverse to the longitudinal direction of the bed board 7 and parallel to the planar surface thereof, thereby providing for pivotal folding movement of the terminal bed board sections 9 into overlying parallel compact relationship for ready storage and portability during nonuse periods, as shown in Figs. 3 and 7.”); each of the first and third sections pivoting away from the second section into the flat configuration (shown in the comparison of Figs. 1 and 2 of Feezel); each of the first and third sections pivoting toward the second section into the folded configuration (shown in the comparison of Figs. 1 and 2 of Feezel; Col. 3, lines 6-14 of Feezel - “The hinge means 11 are controllably cooperable in a second manner to provide a freely rotatable pivotal connection between the bed board sections 8 and 9 for rotation about an axis transverse to the longitudinal direction of the bed board 7 and parallel to the planar surface thereof, thereby providing for pivotal folding movement of the terminal bed board sections 9 into overlying parallel compact relationship for ready storage and portability during nonuse periods, as shown in Figs. 3 and 7.”); a locking mechanism (longitudinal slide rod means 14 and guide member 12 forming locking mechanisms of Feezel) being attached to the mattress pad, the locking mechanism being configured to releasably retain each of the first section and the third section in the flat configuration with respect to the second section (Col. 3, lines 15-25 of Feezel - “The bed board 7 is provided with a first longitudinal guide member 12 carried by the junction end 10 of the intermediate section 8 and a second longitudinal guide member 13 carried by each of the junction ends 10 of the terminal sections 9 for alignment when the board sections 8 and 9 are in said end-to-end relationship and including longitudinal slide rod means 14 having tabs 15 and which are telescopically reciprocatable with respect to the guide members 12 and 13 for stiffening engagement therewith across adjacent junction ends 10, as shown in Figs. 1 and 2.”), the locking mechanism comprising: a first pin (longitudinal slide rod means 14 arranged in a first of the sections 9 of Feezel) being coupled to the first section proximate to the second section (Fig. 2 of Feezel shows slide rod means 14 in sections 9 being extendable into section 8 at junctions of adjacent sections), the second section having a first pin chamber extending therein (guide member 12 in the left most side of section 8 of Feezel as viewed in Fig. 2), the first pin chamber being configured to receive the first pin (Col. 3, lines 15-25 of Feezel - “The bed board 7 is provided with a first longitudinal guide member 12 carried by the junction end 10 of the intermediate section 8 and a second longitudinal guide member 13 carried by each of the junction ends 10 of the terminal sections 9 for alignment when the board sections 8 and 9 are in said end-to-end relationship and including longitudinal slide rod means 14 having tabs 15 and which are telescopically reciprocatable with respect to the guide members 12 and 13 for stiffening engagement therewith across adjacent junction ends 10, as shown in Figs. 1 and 2.”), wherein the first pin secures the first section and the second section in the flat configuration when the first pin is inserted into the first pin chamber (Col. 3, lines 15-25 of Feezel - “The bed board 7 is provided with a first longitudinal guide member 12 carried by the junction end 10 of the intermediate section 8 and a second longitudinal guide member 13 carried by each of the junction ends 10 of the terminal sections 9 for alignment when the board sections 8 and 9 are in said end-to-end relationship”); and a second pin (longitudinal slide rod means 14 arranged in a second of the sections 9 of Feezel) being coupled to the third section proximate to the second section (Fig. 2 of Feezel shows slide rod means 14 in sections 9 being extendable into section 8 at junctions of adjacent sections), the second section having a second pin chamber extending therein (guide member 12 in the right most side of section 8 of Feezel as viewed in Fig. 2), the second pin chamber being configured to receive the second pin (as shown in Fig. 2 of Feezel), wherein the second pin secures the third section and the second section in the flat configuration when the second pin is inserted into the second pin chamber (Col. 3, lines 15-25 of Feezel - “The bed board 7 is provided with a first longitudinal guide member 12 carried by the junction end 10 of the intermediate section 8 and a second longitudinal guide member 13 carried by each of the junction ends 10 of the terminal sections 9 for alignment when the board sections 8 and 9 are in said end-to-end relationship”).
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Feezel does not disclose a padded top side.
However, in the same field of endeavor, bed boards (see the title of Goodman), Goodman teaches a padding device comprising a rigid bottom side (board 11 of Goodman) and a padded top side (see the filler material 12 covered with cover 14 of Goodman).
One having ordinary skill in the art, before the effective filling date of the claimed invention would have found it obvious to combine Feezel (folding bed board) and Goodman (padded bed board) with a reasonable expectation of success by incorporating a padded top side to Feezel’s folding bed board. One having ordinary skill in the art would have been motivated to make such a combination because the padding and board combination “can be made economically and […] can be placed on top of a conventional mattress to obtain all the effects of an expensive orthopedic mattress at a fraction of its cost” (Col. 1, lines 56-60 of Goodman).
Regarding Claim 2: Feezel together with the teachings of Goodman make obvious the padding device of claim 1, wherein the first section pivots relative to the second section independently from the third section, and wherein the third section pivots relative to the second section independently from the first section (Col. 3, lines 6-14 of Feezel - “The hinge means 11 are controllably cooperable in a second manner to provide a freely rotatable pivotal connection between the bed board sections 8 and 9 for rotation about an axis transverse to the longitudinal direction of the bed board 7 and parallel to the planar surface thereof, thereby providing for pivotal folding movement of the terminal bed board sections 9 into overlying parallel compact relationship for ready storage and portability during nonuse periods, as shown in Figs. 3 and 7.”).
Regarding Claim 4: Feezel together with the teachings of Goodman make obvious the padding device of claim 1, the padded top side further comprising a resiliently compressible padding (foam material 12 of Goodman) and an exterior covering surrounding the resiliently compressible padding (fabric cover of Goodman surrounding the board and padding– see the claim of Goodman “ A stiffening board for a bed comprising a stiff rectangular wooden board approximately 5/s" in thickness, a layer of foam plastic padding overlying said board, and a cover fabric surrounding said board and said plastic padding, said cover fabric being tightly drawn over said board and plastic”).
Regarding Claim 5: Feezel together with the teachings of Goodman make obvious the padding device of claim 4, the exterior covering further comprising leather, fabric (fabric cover of Goodman surrounding the board and padding– see the claim of Goodman “ A stiffening board for a bed comprising a stiff rectangular wooden board approximately 5/s" in thickness, a layer of foam plastic padding overlying said board, and a cover fabric surrounding said board and said plastic padding, said cover fabric being tightly drawn over said board and plastic”), or rubber.
Regarding Claim 10: Feezel together with the teachings of Goodman make obvious the padding device of claim 1, wherein the first pin chamber is alignable with the first pin when the mattress pad is in the flat configuration (Col. 3, lines 15-25 of Feezel – “The bed board 7 is provided with a first longitudinal guide member 12 carried by the junction end 10 of the intermediate section 8 and a second longitudinal guide member 13 carried by each of the junction ends 10 of the terminal sections 9 for alignment when the board sections 8 and 9 are in said end-to-end relationship and including longitudinal slide rod means 14 having tabs 15 and which are telescopically reciprocatable with respect to the guide members 12 and 13 for stiffening engagement therewith across adjacent junction ends 10, as shown in Figs. 1 'and 2”), and wherein the second pin chamber is alignable with the second pin when the mattress pad is in the flat configuration (as shown in Fig. 1 of Feezel; Col. 3, lines 15-25 of Feezel – The bed board 7 is provided with a first longitudinal guide member 12 carried by the junction end 10 of the intermediate section 8 and a second longitudinal guide member 13 carried by each of the junction ends 10 of the terminal sections 9 for alignment when the board sections 8 and 9 are in said end-to-end relationship and including longitudinal slide rod means 14 having tabs 15 and which are telescopically reciprocatable with respect to the guide members 12 and 13 for stiffening engagement therewith across adjacent junction ends 10, as shown in Figs. 1 'and 2).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feezel et al. (US Patent No. 2,885,695 – hereinafter Feezel) in view of Goodman et al. (US Patent No. 3,138,806 – hereinafter Goodman) further in view of Essex et al. (US Patent No. 11,583,723 – hereinafter Essex).
Regarding Claim 3: Feezel, as modified by Goodman, teaches the padding device of claim 1. Feezel and Goodman do not disclose or make obvious further comprising a handle being attached to the sidewall of the second section.
In the same field of endeavor, folding supports (see the abstract of Essex), Essex teaches a padding device comprising first, second, and third sections, wherein the first and third sections are pivotaly coupled to the second section and a handle (606 of Essex) being attached to the sidewall of the second section (see annotated copy of Fig. 2 of Essex).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Feezel (folding bed board), Goodman (padded bed board) and Essex (handle) with a reasonable expectation of success by adding a handle to the sidewall of the second section of Feezel as modified by Goodman. One having ordinary skill in the art would have been motivated to make such a combination for the purpose of “allow[ing] carrying and moving the device in any orientation” (Col. 5, lines 12-14 of Essex).
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Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feezel et al. (US Patent No. 2,885,695 – hereinafter Feezel) in view of Goodman et al. (US Patent No. 3,138,806 – hereinafter Goodman) further in view of Alonso (US Patent No. 5,491,851).
Regarding Claim 7: Feezel, as modified by Goodman, teaches the padding device of claim 1, wherein each of the first and third sections pivots toward the second section into the folded configuration (compare Figs. 1-2 of Feezel).
Feezel and Goodman do not teach or disclose wherein the first section pivots upwardly toward the second section such that the padded top side of the first section contacts the padded top side of the second section when the first section and the second section are in the folded configuration, and wherein the third section pivots downwardly toward the second section such that the rigid bottom side of the third section contacts the rigid bottom side of the third section when the second section and the third section are in the folded configuration.
However, in the same field of endeavor, folding human supports (see the abstract of Alonso), Alonso teaches wherein the first section pivots upwardly toward the second section such that the […] top side of the first section contacts the […] top side of the second section when the first section and the second section are in the folded configuration (compare the annotated copy of Fig. 4 of Alonso with the fully folded configuration of Fig. 11 of Alonso), and wherein the third section pivots downwardly toward the second section such that the rigid bottom side of the third section contacts the rigid bottom side of the third section when the second section and the third section are in the folded configuration (compare the annotated copy of Fig. 4 of Alonso with the fully folded configuration of Fig. 11 of Alonso).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Feezel (folding bed board), Goodman (padded bed board), and Alonso (trifold person support) with a reasonable expectation of success by changing the location of one of the hinges of Feezel to enable folding of one of the first or second sections to pivot in an opposite relative direction. One having ordinary skill in the art would have been motivated to make such a combination because “sections arrange themselves…in face-to-face abutting relation for compactness and stability” (Col. 1, lines 15-20 of Alonso). While Feezel’s invention teaches a compact folding state, hinges positioned on opposite sides of the second section allows for a more compact arrangement since all sections could be made of equal length.
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Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feezel et al. (US Patent No. 2,885,695 – hereinafter Feezel) in view of Goodman et al. (US Patent No. 3,138,806 – hereinafter Goodman) further in view of Spensley (WO 2017/20053).
Regarding Claim 8: Feezel, as modified by Goodman, makes obvious the padding device of claim 1, the first pin further comprising: a first pin head (15 of Feezel) extending outwardly from the first section (as shown in Fig. 7 of Feezel); a first shaft (slide rod means 14 of Feezel), the first pin chamber being configured to receive the first shaft (guide member 12 adjacent the first pin 14 of Feezel); […] [the] first shaft [moved] into the first pin chamber thereby inhibiting the first section from pivoting around the second section (Col. 3, lines 15-25 of Feezel - “The bed board 7 is provided with a first longitudinal guide member 12 carried by the junction end 10 of the intermediate section 8 and a second longitudinal guide member 13 carried by each of the junction ends 10 of the terminal sections 9 for alignment when the board sections 8 and 9 are in said end-to-end relationship and including longitudinal slide rod means 14 having tabs 15 and which are telescopically reciprocatable with respect to the guide members 12 and 13 for stiffening engagement therewith across adjacent junction ends 10, as shown in Figs. 1 'and 2”).
Feezel does not disclose the first flange having a width that is larger than a diameter of the first pin chamber, the first flange being configured to remain outside of the first pin chamber when the first pin is inserted into the first pin chamber; and a first spring being positioned around the first shaft and bearing against the first flange, the first spring being positioned between the first pin head and the first flange, the first spring biasing the first shaft into the first pin chamber thereby inhibiting the first section from pivoting around the second section.
In the same field of endeavor, adjustable mattress supports (see the abstract of Spensley), Spensley teaches the first pin further comprising: a first pin head (see annotated copy of Fig. 12 of Spensley) extending outwardly from [a] section, a first shaft (see annotated copy of Fig. 12 of Spensley), the first pin chamber (see annotated copy of Fig. 12 of Spensley) being configured to receive the first shaft (page 7, lines 17-27 of Spensley – “As shown best in FIGS. 3-9 and 11-12, the first and second lock inserts 50, 60 selectively and releasably engage first and second sets of indexing holes 52, 62 that are positioned in semi-circular fashion about axes A.sub.1 and A.sub.2”), a first flange (see annotated copy of Fig. 12 of Spensley) extending outwardly from the first shaft (see annotated copy of Fig. 12 of Spensley), the first flange having a width that is larger than a diameter of the first pin chamber (as shown in annotated copy of Fig. 12 of Spensley), the first flange being configured to remain outside of the first pin chamber when the first pin is inserted into the first pin chamber (see Fig. 11 of Spensley that shows the flange limiting movement of the shaft into the chamber); and a first spring (spring 65 of Spensley) being positioned around the first shaft and bearing against the first flange (as shown in Figs. 11-12 of Spensley), the first spring being positioned between the first pin head and the first flange (as shown in Figs. 11-12 of Spensley), the first spring biasing the first shaft into the first pin chamber (Page 8, lines 6-10 of Spensley – “As shown, the lock inserts are preferably spring biased into either an engaged position 85 or retracted position 86, such as, for example, and not limitation, by including a shoulder 70 that is biased by spring 65 into depressions 71 or 72 to releasably hold the lock inserts 50, 60 in an engaged position 85 or a retracted position 86, respectively”) […].
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One having ordinary skill in the art before the effective filing date of the invention, would have found it obvious to combine Feezel (folding bed board), Goodman (padded bed board) and Spensley (biased pin configuration) with a reasonable expectation of success by utilizing a spring biasing member and flange configuration with the pin of Feezel. One having ordinary skill in the art would have been motivated to make such a combination because the biasing springs “releasably hold the lock inserts 50, 60 in an engaged position” (page 8, lines 3-16 of Spensley).
Regarding Claim 9: Feezel, as modified by Goodman, makes obvious the padding device of claim 1, the second pin further comprising: a second pin head (15 of Feezel) extending outwardly from the second section (as shown in Fig. 7 of Feezel); a second shaft (slide rod means 14 of Feezel), the second pin chamber being configured to receive the second shaft (guide member 12 adjacent the first pin 14 of Feezel); […]the second shaft [moved] into the second pin chamber thereby inhibiting the third section from pivoting around the second section (Col. 3, lines 15-25 of Feezel - “The bed board 7 is provided with a first longitudinal guide member 12 carried by the junction end 10 of the intermediate section 8 and a second longitudinal guide member 13 carried by each of the junction ends 10 of the terminal sections 9 for alignment when the board sections 8 and 9 are in said end-to-end relationship and including longitudinal slide rod means 14 having tabs 15 and which are telescopically reciprocatable with respect to the guide members 12 and 13 for stiffening engagement therewith across adjacent junction ends 10, as shown in Figs. 1 'and 2”).
Feezel does not disclose the second pin further comprising: a second pin head extending outwardly from [a] section, a second shaft, the second pin chamber being configured to receive the second shaft, a second flange extending outwardly from the second shaft, the second flange having a width that is larger than a diameter of the second pin chamber, the second flange being configured to remain outside of the second pin chamber when the second pin is inserted into the second pin chamber; and a second spring being positioned around the second shaft and bearing against the second flange, the second spring being positioned between the second pin head and the second flange, the second spring biasing the second shaft into the second pin chamber.
In the same field of endeavor, adjustable mattress supports (see the abstract of Spensley), Spensley teaches the second pin further comprising: a second pin head (see annotated copy of Fig. 12 of Spensley) extending outwardly from [a] section, a second shaft (see annotated copy of Fig. 12 of Spensley), the second pin chamber (see annotated copy of Fig. 12 of Spensley) being configured to receive the second shaft (page 7, lines 17-27 of Spensley – “As shown best in FIGS. 3-9 and 11-12, the first and second lock inserts 50, 60 selectively and releasably engage first and second sets of indexing holes 52, 62 that are positioned in semi-circular fashion about axes A.sub.1 and A.sub.2”), a second flange (see annotated copy of Fig. 12 of Spensley) extending outwardly from the second shaft (see annotated copy of Fig. 12 of Spensley), the second flange having a width that is larger than a diameter of the second pin chamber (as shown in annotated copy of Fig. 12 of Spensley), the second flange being configured to remain outside of the second pin chamber when the second pin is inserted into the second pin chamber (see Fig. 11 of Spensley that shows the flange limiting movement of the shaft into the chamber); and a second spring (spring 65 of Spensley) being positioned around the second shaft and bearing against the second flange (as shown in Figs. 11-12 of Spensley), the second spring being positioned between the second pin head and the second flange (as shown in Figs. 11-12 of Spensley), the second spring biasing the second shaft into the second pin chamber (Page 8, lines 6-10 of Spensley – “As shown, the lock inserts are preferably spring biased into either an engaged position 85 or retracted position 86, such as, for example, and not limitation, by including a shoulder 70 that is biased by spring 65 into depressions 71 or 72 to releasably hold the lock inserts 50, 60 in an engaged position 85 or a retracted position 86, respectively”) […].
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One having ordinary skill in the art before the effective filing date of the invention, would have found it obvious to combine Feezel (folding bed board), Goodman (padded bed board) and Spensley (biased pin configuration) with a reasonable expectation of success by utilizing a spring biasing member and flange configuration with the pin of Feezel. One having ordinary skill in the art would have been motivated to make such a combination because the biasing springs “releasably hold the lock inserts 50, 60 in an engaged position” (page 8, lines 3-16 of Spensley).
Allowable Subject Matter
Claims 6 and 11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 6: Feezel, as modified by Goodman, teaches the padding device of claim 1, further comprising: a first pivot point (see the annotated copy of Fig. 1 of Feezel) being between the first section and the second section (see the annotated copy of Fig. 1 of Feezel), the first pivot point being positioned on the sidewall along [a] side between the first section and the second section (as shown in Fig. 2 of Feezel), the first section pivoting around the first pivot point to transition between the flat configuration and the folded configuration (compare figs 1-3 of Feezel to see the pivoting of the first section via the first pivot point 11; […] a second pivot point (see the annotated copy of Fig. 1 of Feezel), being between the third section and the second section, the second pivot point being positioned on the sidewall along the rigid bottom side between the third section and the second section (as shown in Fig. 2 of Feezel), the third section pivoting around the second pivot point to transition between the flat configuration and the folded configuration (compare figs 1-3 of Feezel to see the pivoting of the first section via the first pivot point 11; […] a second pivot point (see the annotated copy of Fig. 1 of Feezel).
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Feezel and Goodman do not teach the hinges positioned on the rigid bottom side a first set of angles being positioned at the first pivot point when the mattress pad is in the flat configuration, the first set of angles comprising: a first acute angle being formed along the rigid bottom side in the sidewall of the first section; a first obtuse angle being formed along the rigid bottom side in the sidewall of the second section; [….] a second set of angles being positioned at the second pivot point when the mattress pad is in the flat configuration, the second set of angles comprising: a second acute angle being formed along the rigid bottom side in the sidewall of the third section; a second obtuse angle being formed along the rigid bottom side in the sidewall of the second section.
In the same field of endeavor, folding people supports (see the abstract of Heacock), US Patent No. 9,010,349 to Heacock teaches a first set of angles being positioned at the first pivot point when the mattress pad is in the flat configuration (see annotated copy of Fig. 2E of Heacock), the first set of angles comprising: a first acute angle being formed along the rigid bottom side in the sidewall of the first section (see annotated copy of Fig. 2E of Heacock); a first obtuse angle being formed along the rigid bottom side in the sidewall of the second section (see annotated copy of Fig. 2E of Heacock). The claimed set of angles of claim 6 are dependent on the position of the hinges which are taught as being on a top surface of the invention of Feezel. Rearranging the hinges of Feezel to be positioned on the rigid bottom side would not in itself be non-obvious to one having ordinary skill in the art. However, rearranging the position of the hinges of Feezel along with forming the a first set of angles in the sidewalls of Feezel at the first pivot point based on the teachings of Heacock and then applying the teachings of Heacock to the second pivot point of Feezel and altering the direction of the angles with no reason for doing so would not have been reasonably obvious to one having ordinary skill in the art before the effective filing date of the claimed invention.
Claim 11 claims “A portable padding device comprising: a mattress pad having a first section, a second section, and a third section, the second section being between the first and third sections, each of the first and third sections being pivotably attached to the second section, each of the first section, the second section, and the third section comprising: a top side, the top side having a resiliently compressible padding and an exterior covering surrounding the resiliently compressible padding, the exterior covering comprising leather, fabric, or rubber; a rigid bottom side opposite the top side; a sidewall extending between the top side and the bottom side; the mattress pad having a flat configuration and a folded configuration, the flat configuration being configured to support a user resting on the mattress pad, the folded configuration facilitating storage of the mattress pad, wherein each of the first section and the third section pivot relative to the second section to transition between the flat configuration and the folded configuration, wherein each of the first section and the third section pivot independently of each other relative to the second section; the first section pivoting away from the second section and the third section pivoting away from the second section to form the flat configuration, wherein the first section, the second section, and the third section form an elongated surface when the mattress pad is in the flat configuration; a first pivot point being between the first section and the second section, the first pivot point being positioned on the sidewall along the rigid bottom side between the first section and the second section, the first section pivoting around the first pivot point to transition between the flat configuration and the folded configuration; a first set of angles being positioned at the first pivot point when the mattress pad is in the flat configuration, the first set of angles comprising: a first acute angle being formed along the rigid bottom side in the sidewall of the first section; a first obtuse angle being formed along the rigid bottom side in the sidewall of the second section; a second pivot point being between the third section and the second section, the second pivot point being positioned on the sidewall along the rigid bottom side between the third section and the second section, the third section pivoting around the second pivot point to transition between the flat configuration and the folded configuration; a second set of angles being positioned at the second pivot point when the mattress pad is in the flat configuration, the second set of angles comprising: a second acute angle being formed along the rigid bottom side in the sidewall of the third section; a second obtuse angle being formed along the rigid bottom side in the sidewall of the second section; each of the first and third sections pivoting toward the second section into the folded configuration, wherein the first section pivots upwardly toward the second section such that the top side of the first section contacts the top side of the second section when the first section and the second section are in the folded configuration, and wherein the third section pivots downwardly toward the second section such that the rigid bottom side of the third section contacts the rigid bottom side of the third section when the second section and the third section are in the folded configuration; a locking mechanism being attached to the mattress pad, the locking mechanism being configured to releasably retain each of the first section and the third section in the flat configuration with respect to the second section, the locking mechanism comprising: a first pin being coupled to the first section proximate to the second section, the second section having a first pin chamber extending therein, the first pin chamber being positioned proximate to the first section, the first pin chamber being configured to receive the first pin, the first pin chamber being alignable with the first pin when the mattress pad is in the flat configuration, wherein the first pin secures the first section and the second section in the flat configuration when the first pin is inserted into the first pin chamber, the first pin comprising: a first pin head extending outwardly from the first section; a first shaft being coupled to the first pin head, the first pin chamber being configured to receive the first shaft; a first flange extending outwardly from the first shaft, the first flange having a width that is larger than a diameter of the first pin chamber, the first flange being configured to remain outside of the first pin chamber when the first pin is inserted into the first pin chamber; a first spring being positioned around the first shaft and bearing against the first flange, the first spring being positioned between the first pin head and the first flange, the first spring biasing the first shaft into the first pin chamber thereby inhibiting the first section from pivoting around the second section; a second pin being coupled to the third section proximate to the second section, the second section having a second pin chamber extending therein, the second pin chamber being positioned proximate to the third section, the second pin chamber being configured to receive the second pin, the second pin chamber being alignable with the second pin when the mattress pad is in the flat configuration, wherein the second pin secures the third section and the second section in the flat configuration when the second pin is inserted into the second pin chamber, the second pin comprising: a second pin head extending outwardly from the second section; a second shaft being coupled to the second pin head, the second pin chamber being configured to receive the second shaft; a second flange extending outwardly from the second shaft, the second flange having a width that is larger than a diameter of the second pin chamber, the second flange being configured to remain outside of the second pin chamber when the second pin is inserted into the second pin chamber; a second spring being positioned around the second shaft and bearing against the second flange, the second spring being positioned between the second pin head and the second flange, the second spring biasing the second shaft into the second pin chamber thereby inhibiting the third section from pivoting around the second section; and a handle being attached to the sidewall of the second section.”
Feezel in view of Goodman together make obvious a portable padding device comprising: a mattress pad having a first section, a second section, and a third section, the second section being between the first and third sections, each of the first and third sections being pivotably attached to the second section, each of the first section, the second section, and the third section comprising: a top side, the top side having a resiliently compressible padding and an exterior covering surrounding the resiliently compressible padding, the exterior covering comprising leather, fabric, or rubber; a rigid bottom side opposite the top side; a sidewall extending between the top side and the bottom side; the mattress pad having a flat configuration and a folded configuration, the flat configuration being configured to support a user resting on the mattress pad, the folded configuration facilitating storage of the mattress pad, wherein each of the first section and the third section pivot relative to the second section to transition between the flat configuration and the folded configuration, wherein each of the first section and the third section pivot independently of each other relative to the second section; the first section pivoting away from the second section and the third section pivoting away from the second section to form the flat configuration, wherein the first section, the second section, and the third section form an elongated surface when the mattress pad is in the flat configuration (see the rejections of claims 1-2, 4-5 and 10 above); a first pivot point (11 of Feezel between first and second sections as outlined in the rejection of claim 1) being between the first section and the second section (see Figs. 1-2 of Feezel), the first pivot point being positioned on the sidewall along the rigid bottom side between the first section and the second section (see Figs. 1-2 of Feezel), the first section pivoting around the first pivot point to transition between the flat configuration and the folded configuration (compare Figs. 1-3 of Feezel), […] a second pivot point being between the third section and the second section, the second pivot point (11 of Feezel between third and second sections as outlined in the rejection of claim 1) being positioned on the sidewall along the rigid bottom side between the third section and the second section (see Figs. 1-2 of Feezel) the third section pivoting around the second pivot point to transition between the flat configuration and the folded configuration (compare Figs. 1-3 of Feezel) a locking mechanism being attached to the mattress pad, the locking mechanism being configured to releasably retain each of the first section and the third section in the flat configuration with respect to the second section, the locking mechanism comprising: a first pin being coupled to the first section proximate to the second section, the second section having a first pin chamber extending therein, the first pin chamber being positioned proximate to the first section, the first pin chamber being configured to receive the first pin, the first pin chamber being alignable with the first pin when the mattress pad is in the flat configuration, wherein the first pin secures the first section and the second section in the flat configuration when the first pin is inserted into the first pin chamber, the first pin comprising: a first pin head extending outwardly from the first section; a first shaft being coupled to the first pin head, the first pin chamber being configured to receive the first shaft, a second pin being coupled to the third section proximate to the second section, the second section having a second pin chamber extending therein, the second pin chamber being positioned proximate to the third section, the second pin chamber being configured to receive the second pin, the second pin chamber being alignable with the second pin when the mattress pad is in the flat configuration, wherein the second pin secures the third section and the second section in the flat configuration when the second pin is inserted into the second pin chamber, the second pin comprising: a second pin head extending outwardly from the second section (see the rejections of claims 1-2, 4-5 and 10 above).
Feezel and Goodman do not teach wherein the first section pivots up