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 § 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) 1-8 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2010/0293717A1 hereinafter referred to as Carlitz in view of US Patent Publication US2019/0335914A1 hereinafter referred to as Sadiq.
Re-Claim 1
Carlitz discloses a mattress 10 fig.2 comprising: an innerspring assembly 42 fig.2 having a plurality of spring elements 40 fig.2 and defining a support surface, the spring elements arranged in rows defining upper, central, and lower spring structure areas (see fig.2); a panel 30 fig.2 positioned over the support surface in the central spring structure area; and a quilted panel 12 fig.2 having a ticking material 22 fig.2, a backing material 26 fig.2, and a support material 26 fig.2 having a degree of compression provided between the ticking and backing materials, the ticking material, the support material and the backing material all being quilted together by a stitching pattern 13, 16 fig.1 & 2 providing an increased amount of stitching in a center section of the quilted panel aligned with the central spring structure area than adjacent head and foot sections of the quilted panel aligned with the upper and lower spring structure (see fig.1) [0014 “As shown in FIG. 2, stitching the quilt panel 12 in the stitching pattern 13 results in the center section 14 having a narrower cross section than the head and foot sections 18, 20 with the same quilt fill provided by foam or fill layer 26. It is to be appreciated that providing the center section 14 of the quilt panel 12 with at least 2 times the amount of pattern stitching 16 then in the adjacent head and foot sections 18, 20, the support material 26 is pre-compressed in the center section 14 to a greater degree than in the adjacent sections 18, 20, thereby forming a pocket 28.”] areas such that the support material pre-compresses in the center section thereby defining a pocket 28 fig.2, wherein the quilted panel is provided over the panel such that the panel is provided in alignment with the pocket (see fig. 1 & 2).
However does not discloses a panel of micro-coils positioned over the support surface in the central spring structure area.
Sadiq teaches a mattress 100 fig.1 comprising: a panel of micro-coils 114 fig.1 positioned over the support surface in the central spring structure 104 fig.1 area.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the mattress of Carlitz having a panel and the mattress having a panel of micro-coils as taught by Sadiq and with a reasonable expectation of success arrived at the mattress of Carlitz utilizing a panel of micro-coils. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of improving support in the lumber region of the mattress (center of mattress) and improving air flow to the lumber region of the mattress as taught in Sadiq [0003, 0015, 0018].
Re-Claim 2
Carlitz as modified by Sadiq above discloses,
wherein the panel of micro-coils ranges in size from about 1/4 to about 1/2 of a total area of the mattress (see fig.2 and [0018 “In one or more embodiments, the pocketed microcoil array 114 can have a length from about 6 inches to about 60 inches. In one or more other embodiments, the microcoil array 114 can have a length of about 12 to about 36, and in still one or more other embodiments, the microcoil array 114 can have a length of about 18 to about 28 inches, which is positioned to generally correspond to the lumbar portion of a mattress.”] Sadiq).
Re-Claim 3
Carlitz as modified by Sadiq above discloses,
wherein the innerspring assembly comprises a plurality of spring elements 40 held in an array by interconnection with wires 46 fig.2 [0017 “The innerspring assembly 42 includes a plurality of spring elements 40 held in an array by interconnection with crosswires 46 and at their terminal ends by lacing wires 48.”] Carlitz.
Re-Claim 4
Carlitz as modified by Sadiq above discloses,
wherein the innerspring assembly comprises a plurality of spring elements 40 Carlitz/104 fig.1 Sadiq held in an array by a fabric sleeve [0028, 0029]Sadiq individually encasing each spring element.
Re-Claim 5
Carlitz as modified by Sadiq above discloses,
wherein the mattress additionally comprises one or more foam layers 32 fig.2 Carlitz positioned between the support surface and the quilted panel.
Re-Claim 6
Carlitz as modified by Sadiq above discloses,
wherein the one or more foam layers positioned between the support surface and the quilted panel are formed from one or more of a cooling foam, an open- celled foam, and a memory foam [0016 “In one embodiment, the convoluted foam later is an open-cell polyurethane foam of about 1 pound per cubic foot bulk density, and with an ILD rating of about 30”] Carlitz.
Re-Claim 7
Carlitz as modified by Sadiq above discloses,
Sadiq teaches wherein an upper foam spacer layer 110 fig.1 Sadiq is provided over the support surface in the upper spring structure area adjacent the panel of micro-coils and a lower foam spacer layer 112 fig.1 Sadiq is provided over the support surface in the lower spring structure area adjacent the panel of micro-coils.
Re-Claim 8
Carlitz as modified by Sadiq above discloses,
Sadiq teaches wherein the upper foam spacer layer and the lower foam spacer layer comprise a thickness of 0.5 inch to 1 inch [0019 “The thickness of the first and second portions 110, 112, respectively, can be within a range about 0.3 inches to about 3 inches.”] Sadiq.
Re-Claim 13
Carlitz as modified by Sadiq above discloses,
wherein the ticking material comprises an upholstery ticking [0013 “The quilt panel 12 is formed from a sheet of upholstery ticking 22 stitched to a backing layer 24 along with a support material 26, such as a relatively thin and less dense foam or fill layer provided therebetween.”] Carlitz.
Re-Claim 14
Carlitz as modified by Sadiq above discloses,
wherein the backing material comprises a non-woven fabric [0013 “In one embodiment, the ticking 22 may be 100-150 end Damask, and the backing layer 24 a non-woven fabric, e.g.”] Carlitz.
Re-Claim 15
Carlitz as modified by Sadiq above discloses,
wherein the support material comprises a polymer foam or fill layer [0013 “In one embodiment, support material 26 is a polymer foam or fill layer, and in other embodiments may be any foam or fill layer that compresses when stitched to provide the quilted zoned pattern according to the present invention.”] Carlitz.
Re-Claim 16
Carlitz as modified by Sadiq above discloses,
wherein the stitching pattern is selected from a star pattern, a circle pattern, a swoop pattern, a ribbon pattern, a 213 pattern, and a 301 pattern [0012 “In still other embodiments, the pattern stitching 16 may be a ribbon pattern (e.g., 6''.times.3''), a 213 pattern (e.g., 6''.times.3''), or a 301 pattern (e.g., 12''.times.6'', or 6''.times.3'').”] Carlitz.
Re-Claim 17
Carlitz as modified by Sadiq above discloses,
wherein the mattress includes a memory foam layer 108, 116 fig.1 [0022 “Moreover, the top foam layer 108, the underlying foam layer 116 and the optional upper layers that overlay or underlie the hybrid posture support system 106 are not intended to be limited to any particular foam. Suitable other foam layers include, without limitation, polyurethane, viscoelastic polyurethane, polyethylene, polypropylene, a gel infused foam, and the like.”] Sadiq.
Re-Claim 18
Carlitz as modified by Sadiq above discloses,
wherein the memory foam layer is a polyurethane foam with a bulk density ranging from about 2.6 to about 4.0 pounds per cubic foot [0025 “The density of the different foam layers 108, 116, and the first and second foam portions 110, 112 can generally range from about 1 to 2.5 pounds per cubic foot for non-viscoelastic foams and 1.5 to 6 pounds per cubic foot for viscoelastic foams.”] Sadiq.
Re-Claim 19
Carlitz as modified by Sadiq above discloses,
wherein the mattress includes a cooling foam layer 108, 116 [0022] Sadiq.
Re-Claim 20
Carlitz as modified by Sadiq above discloses,
wherein the mattress includes an open-celled foam layer 32 [0016] Carlitz.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carlitz in view of Sadiq further in view of US Patent 5,027,459 hereinafter referred to as Perry.
Re-Claim 9
Carlitz as modified by Sadiq above discloses the claimed apparatus however does not disclose wherein the mattress further comprises a border frame comprising a metal rod defining an outer perimeter of the mattress.
Perry teaches a mattress 10 fig.1 wherein the mattress further comprises a border frame 14 fig.1 comprising a metal rod defining an outer perimeter of the mattress [column 2 lines 13-21 “For example, structure 11 includes an upper mesh 13 integrated with heavy metal looping upper frame 14, the latter including longitudinal horizontal lengths 14a and 14b, and lateral horizontal lengths 14c and 14d.”].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the mattress of Carlitz as modified by Sadiq and the mattress of Perry having reinforcing frames and with a reasonable expectation of success arrived at the mattress of Carlitz having reinforcing frames as taught by Perry. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing an improved mattress having improve support by transmitting forces horizontally to the perimeter border surface and substructures creating an elongation and decompression of the patient's spine as taught in Perry [see abstract].
Re-Claim 10
Carlitz as modified by Sadiq and Perry above discloses,
Perry teaches wherein the mattress further comprises: a strengthening structure 22 fig.2 provided adjacent the support surface in the central spring structure area, said strengthening structure having a frame member encircling 23 fig.2 a major portion of the central spring structure area, and a plurality of elongated support elements 24a, 24b fig.2 located within said frame member and received against the spring elements encircled by the frame member. (Examiner notes the resulting teaching of Perry to the mattress of Carlitz would result in the strengthening structure being provided between the support surface and the panel of micro- coils in the central spring structure area since Perry teaches the strengthening structure being directly against the support surface.)
Re-Claim 11
Carlitz as modified by Sadiq and Perry above discloses,
Perry teaches wherein the mattress further comprises: a strengthening structure 22 fig.2 provided adjacent the support surface in the central spring structure area, said strengthening structure having a frame member encircling 23 fig.2 a major portion of the central spring structure area, and a plurality of elongated support elements 24a, 24b fig.2 located within said frame member and received against the spring elements encircled by the frame member. (Examiner notes the resulting teaching of Perry to the mattress of Carlitz would result in the strengthening structure being provided between the support surface and the panel of micro- coils in the central spring structure area since Perry teaches the strengthening structure being directly against the support surface.)
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carlitz in view of Sadiq further in view of US Patent 4,231,127 hereinafter referred to as Bendell.
Re-Claim 12
Carlitz as modified by Sadiq above discloses the claimed apparatus however does not disclose wherein the mattress is hinged to allow folding of the mattress.
Bendell teaches a mattress 1 fig.1 wherein the mattress is hinged (via 9, 14, 17 fig.3) to allow folding of the mattress.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the mattress of Carlitz as modified by Sadiq and the folding mattress of Bendell and with a reasonable expectation of success arrived at the mattress of Carlitz having the ability to fold as taught by Bendell. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing an improved mattress which can be folded for transport and turning as taught in Bendell [see abstract & column 1 lines 15-18 ].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (see notice of references cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin 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.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673