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
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 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, 2, 4, 5, 9, 11, 12, 14, 15, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2003/0177585 to Gladney et al. With respect to claim 1, Gladney et al. ‘585 shows the claimed limitations of a mattress assembly
(10), comprising: a primary cushion (20) (as shown in Figures 1, 2 & 4A-4C and as described on page 1, in paragraph 0019 and on page 2, in paragraph 0034) including an upper surface (12), a lower surface (14) opposite from the upper surface, and a periphery including a first end edge (16), a second end edge (15), and side edges (17) (also as shown in Figures 1 & 2 and as described on page 1, in paragraph 0017); a side rail (i.e., left and right portions of element 25 as shown in Figures 1, 2, 4A & 4C and on page 1, in paragraph 0019 and on page 2, in paragraphs 0022 & 0034) adjacent to each side edge of the side edges (17) of the primary cushion (20), each side rail including an upper surface that is substantially flush with the upper surface (12) of the primary cushion (20) (as shown in Figures 1 & 2 and as described on page 2, in paragraph 0022); and a strip of scrim fabric (50) positioned over the upper surface of each side rail and over a side portion of the upper surface (12) of the primary cushion (20) adjacent to each side rail, each strip of scrim fabric (50) secured to the side portion of the upper surface (12) of the primary cushion (20) and secured to the upper surface of each side rail (as shown in Figures 1 & 2 and as described on page 2, in paragraphs 0028-0030).
With respect to claims 2, 4, 5 and 9, the reference further discloses the claimed limitations wherein an outer side edge of each strip of scrim fabric (50) is positioned over or adjacent to an outer edge of each side rail and an inner side edge of each strip of scrim fabric is positioned over the side portion of the upper surface (12) of the primary cushion (also as shown in Figures 1 & 2 and as described on page 2, in paragraphs 0028-0030); wherein each strip of scrim fabric (50) does not extend over a central portion of the primary cushion (20) (as shown in Figures 1 & 2); wherein each strip of scrim fabric (50) is adhered to each side rail (as described on page 2, in paragraph 0028); and a first end rail adjacent to the first end edge (16) of the primary cushion, a first end of each strip of scrim fabric (50) extending over and secured to the first end rail (as shown in Figures 1 & 4A and as described on page 2, in paragraphs 0022 & 0028-0030).
With respect to claim 11, the reference shows the claimed limitations of a method for assembling a mattress (10), comprising: positioning a strip of scrim fabric (50) over an interface between a side edge (17) of a primary cushion (20) and a side rail (i.e., a left or right portion of element 25 as shown in Figures 1, 2, 4A & 4C and on page 1, in paragraph 0019 and on page 2, in paragraphs 0022 & 0034) adjacent to the side edge (17) of the primary cushion (20) (as shown in Figures 1 & 2 and as described on page 2, in paragraphs 0028-0030), an upper surface of the side rail being substantially flush with an upper surface (12) of the primary cushion (20) (as shown in Figures 1 & 2 and as described on page 2, in paragraph 0022), securing the strip of scrim fabric (50) to the upper surface of the side rail, and securing the strip of scrim fabric to the upper surface (12) of the primary cushion (20) (as described on page 2, in paragraphs 0028-0030).
With respect to claims 12, 14 and 15, the reference further discloses the claimed limitations wherein positioning the strip of scrim fabric (50) comprises positioning an outer side edge of the strip of scrim fabric over or adjacent to an outer edge of the side rail and positioning an inner side edge of the strip of scrim fabric (50) over the side edge (17) of the primary cushion (20) (also as shown in Figures 1 & 2 and as described on page 2, in paragraphs 0028-0030); wherein positioning the strip of scrim fabric (50) comprises leaving a central portion of the primary cushion (20) exposed beyond the strip of scrim fabric (as shown in Figures 1 & 2); and wherein securing the strip of scrim fabric (50) comprises gluing the strip of scrim fabric to the upper surface of the side rail (as described on page 2, in paragraph 0028).
With respect to claims 19 and 20, the reference further shows the claimed limitations wherein securing the strip of scrim fabric (50) to the upper surface of the side rail and securing the strip of scrim fabric to the upper surface (12) of the primary cushion (20) occur concurrently (as described on page 2, in paragraph 0030); and wherein positioning the strip of scrim fabric (50) includes positioning at least one end portion of the strip of scrim fabric at over a portion of at least one end rail adjacent to an end (16) of the primary cushion (20) and an end of the side rail, and further comprising: securing the strip of scrim fabric (50) to the portion of the at least one end rail (as shown in Figures 1 & 4A and as described on page 2, in paragraphs 0022 & 0028-0030).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 6-8, 10, 13, 16-18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Gladney et al. ‘585. With respect to claims 3 and 13, Gladney et al. ‘585 does not specifically disclose a condition wherein the inner side edge of each strip or the strip of scrim fabric (50) is located or positioned about 2 inches to about 6 inches interior to each or the side edge (17) of the primary cushion (20). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the mattress assembly of Gladney et al. ‘585 with at least one strip of scrim fabric having an inner edge which is located or positioned about 2 inches to about 6 inches interior to each or the side edge of the primary cushion, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
With respect to claims 6 and 16, Gladney et al. ‘585 discloses that the primary cushion (20) “can include one or more horizontal layers of multiple types of foams” (as described on page 2, in paragraph 0020), but does not specifically disclose a condition wherein the primary cushion (20) comprises an elastomeric gel. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the mattress assembly of Gladney et al. ‘585 with a primary cushion comprising an elastomeric gel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
With respect to claims 7 and 17, Gladney et al. ‘585 further discloses a condition wherein each strip or the strip of scrim fabric (50) is melt bonded to the primary cushion (20) (as described on page 2, in paragraph 0028). With respect to claims 8 and 18, Gladney et al. ‘585 does not specifically disclose a condition wherein the melt bonding comprises heating the upper surface (12) of the primary cushion (20) through the scrim fabric (20) to a temperature that causes a material at the upper surface of the primary cushion to impregnate or melt and wick into each strip or the strip of scrim fabric (50). The skilled artisan would have found it obvious to melt bond each strip or the strip of scrim fabric to the primary cushion in the mattress assembly of Gladney et al. ‘585, wherein the melt bonding comprises heating the upper surface of the primary cushion through the scrim fabric to a temperature that causes a material at the upper surface of the primary cushion to impregnate or melt and wick into each strip or the strip of scrim fabric, since such a modification would have been generally recognized as being within the level of ordinary skill in the art.
With respect to claims 10 and 21, Gladney et al. ‘585 further discloses the use of a second end rail adjacent to the second end edge (15) of the primary cushion (20) (as shown in Figure 4A and as described on page 2, in paragraph 0034), but does not specifically disclose the use of a second end or end portions of each strip or the strip of scrim fabric (50) extending over and secured to the second end rail. The skilled artisan would have found it obvious before the effective filing date of the claimed invention to provide the mattress assembly of Gladney et al. ‘585 with a second end or end portions of each strip or the strip of scrim fabric extending over and secured to the second end rail in order to strengthen the connection between the side rails, the first end rail, the second end rail and the primary cushion, thereby imparting enhanced stability to the mattress assembly.
Response to Amendment
In response to Applicant’s arguments on page 6 of the amendment with respect to the claim objections, the examiner respectfully agrees. Hence, these objections have been respectfully withdrawn.
Lastly, Applicant’s arguments on pages 6-9 of the amendment with respect to claims 1-21 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: Pearson et al. ‘828.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G SANTOS whose telephone number is (571)272-7048. The examiner can normally be reached Monday-Friday 9am-11:30am and 2pm-7:30pm.
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, Justin C Mikowski can be reached at 571-272-8525. 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.
/ROBERT G SANTOS/Primary Examiner, Art Unit 3673