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 .
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomkins (GB 2543833 – copy attached).
Regarding claims 1 and 7, Tompkins discloses (Figs. 1-4) a measurement device 10 (p. 6, lines 14-15) comprising:
a base plate 15/16 (two arms: p. 6, lines 15-17) having a top surface (any surface above the bottom edge: see Figs. 1-2 and 4) and a bottom surface (i.e. the bottom edge of the arms: see Figs. 1-2 and 4); and
a guide member 40 (i.e. leg: p. 8, line 20) disposed on the top surface of the base plate 15/16 (as shown in Figs. 1-2), wherein the guide member 40 comprises a scale 43 (p. 9, lines 3-4) configured to measure a defectiveness of a mattress (i.e. measure the sag in the mattress: p. 10, lines 6-10).
Regarding claims 2 and 7, Tompkins further discloses the guide member 40 is pivotally connected to the base plate 15/16 (by way of wheel 41: p. 8, lines 20-24) and configured to move between a first position and a second position (p. 8, line 20–p. 9, line 2).
Regarding claims 3 and 8, Tompkins discloses (Figs. 1-4) a plane of the guide member 40 is parallel to a plane of the base plate 15/16 in the first position (i.e. in the storage position: p. 8, line 20–p. 9, line 2).
Regarding claims 4 and 9, Tompkins discloses (Figs. 1-4) a plane of the guide member 40 is perpendicular to a plane of the base plate 15/16 in the second position (i.e. in the extended position: p. 8, line 20–p. 9, line 2).
Regarding claims 5 and 10, Tompkins discloses (Figs. 1-4) the top surface 15/16 comprises a recess 42 (i.e. in the housing 25, which is part of the top surface: see Figs. 1-2 and p. 8, line 20–p. 9, line 2).
Regarding claim 6, Tompkins discloses (Figs. 1-4) the guide member 40 is configured to be inserted inside the recess 40 in the first position (i.e. in the storage position: p. 8, line 20–p. 9, line 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Conigliaro (U.S. Pub. 2013/0125409) discloses a device that measures the sag in a mattress using a pivotable guide with a scale.
Hagiwara (JPH 11-313734 – full translation and copy attached) also discloses a device that measures the sag in a mattress using a guide with a scale.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Schmitt, whose telephone number is (571) 270-7930. The examiner can normally be reached M-F | 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BENJAMIN R SCHMITT/Primary Examiner, Art Unit 2852