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 .
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) 1-7 and 12-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Thompson (US 2024/0277166).
Regarding Claim 1, Thompson discloses a system (10a, see Fig. 9) for use by a person when sleeping in an ambient environment comprising: a cushion layer (14 and 12a) made from a substantially air impermeable material and for use by the person; a first air channel (40) disposed within said cushion layer and in communication with the ambient environment; and an air pump (64) disposed outside said cushion layer and in communication with said first air channel to supply the person with fresh air.
Regarding Claim 2, Thompson discloses wherein said cushion layer comprises a top cushion element (14) and a bottom cushion (12a) element disposed below said top cushion element; said first air channel is disposed within said top cushion element (see Fig. 10).
Regarding Claim 3, Thompson discloses a second air channel (86) disposed within said bottom cushion element; said second air channel is disposed in said bottom cushion and in communication with the ambient environment (see Fig. 10).
Regarding Claim 4, Thompson discloses wherein said first air channel comprises a plurality of air channel portions (see Fig. 9).
Regarding Claim 5, Thompson discloses wherein said second air channel comprises a plurality of air channel portions (see Fig. 9).
Regarding Claim 6, Thompson discloses wherein said plurality of air channel portions of said first air channel comprises a plurality of laterally spaced air channel portions and a plurality of longitudinally spaced air channel portions (see Fig. 9).
Regarding Claim 7, Thompson discloses wherein said plurality of air channel portions of said second air channel comprises a plurality of laterally spaced air channel portions and a plurality of longitudinally spaced air channel portions (see Fig. 9).
Regarding Claim 12, Thompson discloses wherein said air pump is an electric air pump (see para. [0032) .
Regarding Claim 13, Thompson discloses where said cushion layer is used in a pillow (see Fig. 9).
Claim(s) 1-4, 8-12, and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghanei (US 2020/0390248).
Regarding Claim 1, Ghanei discloses a system (10) for use by a person when sleeping in an ambient environment comprising: a cushion layer (20 and 30) made from a substantially air impermeable material (see para. [0030] and [0034]) and for use by the person; a first air channel (26) disposed within said cushion layer and in communication with the ambient environment; and an air pump (50) disposed outside said cushion layer and in communication with said first air channel to supply the person with fresh air.
Regarding Claim 2, Ghanei discloses wherein said cushion layer comprises a top cushion (20) element and a bottom cushion element (30) disposed below said top cushion element; said first air channel is disposed within said top cushion element (see Fig. 2).
Regarding Claim 3, Ghanei discloses a second air channel (36) disposed within said bottom cushion element; said second air channel is disposed in said bottom cushion and in communication with the ambient environment.
Regarding Claim 4, Ghanei discloses wherein said first air channel comprises a plurality of air channel portions (see Fig. 2).
Regarding Claim 8, Ghanei discloses a layer of pocket spring elements (42) disposed between said lower cushion element and said upper cushion element.
Regarding Claim 9, Ghanei discloses a scent infuser (see para. [0045]) disposed outside said cushion layer and adapted to add a scent to said fresh air supplied by said air pump.
Regarding Claim 10, Ghanei discloses a filter (see para. [0045) engaged with said air pump to supply filtered air to said air pump.
Regarding Claim 11, Ghanei discloses wherein said cushion layer is made from high density foam (see para. [0034]).
Regarding Claim 12, Ghanei discloses wherein said air pump is an electric air pump (see para. [0046]).
Regarding Claim 14, Ghanei discloses wherein said cushion layer is used in a mattress (see Fig. 1).
Regarding Claim 15, Ghanei discloses a system for use by a person to sleep in an ambient environment comprising: a cushion layer (20, 30) for use by the person; an air pump (50) disposed outside said cushion layer and adapted to deliver air to said cushion layer to supply the sleeper with said air; and a scent infuser (see para. [0045]) adapted to add a scent to said air before said air enters said cushion layer.
Regarding Claim 16, Ghanei discloses wherein said cushion layer comprises a first air channel disposed within said cushion layer and in communication with the ambient environment; said air pump being adapted to deliver air to said first air channel of said cushion layer to supply the sleeper with said air (see Fig. 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 9, 10, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2024/0277166) in view of Lin (US 6,546,576).
Regarding Claim 9, Thompson fails to disclose a scent infuser disposed outside said cushion layer and adapted to add a scent to said fresh air supplied by said air pump. Lin teaches a scent infuser (24) disposed outside a cushion layer and adapted to add a scent to said fresh air supplied by an air pump (25). Thompson and Lin are analogous art because they are from the same field of endeavor, i.e. bedding. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the pump of Thompson with the scent infuser of Lin. The motivation would have been to provide a fragrant smell to a user, thus enhancing a user’s sleeping experience .
Regarding Claim 10, Thompson fails to disclose discloses a filter engaged with said air pump to supply filtered air to said air pump. Lin teaches a filter (211) engaged with said air pump to supply filtered air to said air pump. . It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the pump of Thompson with the filter of Lin. The motivation would have been to capture dust and other allergens, thus providing cleaner air to a user.
Regarding Claim 15, Thompson as modified in Claim 9 teaches a system for use by a person to sleep in an ambient environment comprising: a cushion layer (14, 12a) for use by the person; an air pump (64) disposed outside said cushion layer and adapted to deliver air to said cushion layer to supply the sleeper with said air; and a scent infuser (Lin: 24) adapted to add a scent to said air before said air enters said cushion layer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/ Primary Examiner, Art Unit 3619