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 .
Response to Arguments
35 USC 102 and 103
Applicant's arguments filed 10 August 2026 have been fully considered but they are not persuasive. Regarding independent claims 1, 13, and 19, Applicant argues that the primary reference Makansi does not teach the claimed “wherein the electrically conductive fabric is in the form of a stretched knit fabric, and wherein the substrate is a thread or yarn” (Remarks pp. 10-11). Examiner respectfully disagrees. As noted in the Office Action dated 4/8/26 p. 2, Makansi already teaches electrically conductive fabric in Figs. 10-14 and [0090]. Thus, the debate is whether in Makansi teaches a thread or yarn substrate in claim 9. Specifically, whether the braided or stranded wire 101 is a thread or yarn. Applicant Merriam-Webster dictionary states that the definition of wire is “a thread or rod of such material” (https://www.merriam-webster.com/dictionary/wire). Thus, Makansi teaches the broadest reasonable interpretation of Applicant’s claimed invention.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “metallized coated yarns” on Remarks p. 9) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Indeed, amendment that includes Applicant’s descriptions on p. 9 of the Remarks would overcome the current rejections under Makansi.
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.
Claim(s) 1-2, 9-10, 12-13, 19-20, and 24-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 201201986161 A1 to Makansi.
Re claim 1, Makansi teaches:
A support cushion (at least [Abstract] “cushions, mattresses, pillows”), comprising:
a body support portion having a first surface and a second surface opposite the first surface (at least Fig. 10 and [0090] “mattress”); and an electrically conductive fabric positioned atop and configured to draw heat away from the first surface of the body support portion, the electrically conductive fabric comprising a first metal bonded to a substrate (at least Figs. 10-14 and [0090] “thermoelectric string 101”.), wherein the electrically conductive fabric is in the form of a stretched knit fabric, and wherein the substrate is a thread or yarn (at least [0047] “lengths of braided or stranded wire 101 […] woven fiberglass sleeve threaded over the thermoelectric element”).
Re claim 2, Makansi teaches:
The support cushion of claim 1, wherein the substrate comprises nylon (at least [claim 32] “substrate material preferably is selected from the group consisting of […] nylon”).
Re claim 10, Makansi teaches:
The support cushion of claim 1, wherein the body support portion is comprised of a visco-elastic foam (at least [0092] “foam mattress” and [0060] “memory foam”).
Re claim 12, Makansi teaches:
The support cushion of claim 1, wherein the body support portion is dimensionally-sized to support a user lying in a supine or prone position (at least Fig. 10 and [0090] “mattress”).
Re claim 13, Makansi teaches:
A method of making a support cushion (at least [Abstract] “cushions, mattresses, pillows”), comprising: metalizing a fabric substrate with a first metal; forming the fabric substrate into a stretch knit configuration to form an electrically conductive fabric (at least Figs. 10-14 and [0047] “a string containing alternating P-type 102 and N-Type 103 thermoelectric elements connected by lengths of braided or stranded wire 101 as shown in FIGS. 1a and 1b. The thermoelectric elements preferably comprise metals, although non-metallic conductors such as graphite and carbon may be used”);
applying the electrically conductive fabric to a support cushion (at least [0090] “The braided or stranded wire of the thermoelectric string 101 extends into the cavity of the mattress”),
wherein the substrate is a thread or yarn (at least [0047] “lengths of braided or stranded wire 101 […] woven fiberglass sleeve threaded over the thermoelectric element”).
Re claim 19, Makansi teaches:
A support cushion (at least [Abstract] “cushions, mattresses, pillows”), comprising:
a body support portion having a first surface and a second surface opposite the first surface (at least Fig. 10 and [0090] “mattress”); and a plurality of thermoelectric elements positioned and configured to selectively provide heating or cooling at the first surface of the body support portion (at least Figs. 10-14 and [0090] “thermoelectric string 101”.), each of the plurality of thermoelectric elements including an electrically conductive fabric comprising a first metal bonded to a substrate (at least [0047] “lengths of braided or stranded wire 101 […] woven fiberglass sleeve threaded over the thermoelectric element”);
wherein the electrically conductive fabric is in the form of a stretched knit fabric, andwherein the substrate is a thread or yarn (at least [0047] “lengths of braided or stranded wire 101 […] woven fiberglass sleeve threaded over the thermoelectric element”).
Re claim 20, Makansi teaches:
The support cushion of claim 19, wherein the electrically conductive fabric of each of the plurality of thermoelectric elements extends across the first surface of the body support portion (at least [0090] “The braided or stranded wire of the thermoelectric string 101 extends into the cavity of the mattress”).
Re claim 24, Makansi teaches:
The support cushion of claim 19, further comprising a power supply for supplying an electrical current to the thermoelectric elements, and a controller for controlling the electrical current supplied to the thermoelectric elements from the power supply (at least Fig. 10 and [0071] “The control electronics for the blanket can automatically switch the electrical current in the proper direction when cooling is needed to achieve the set temperature or when heating is needed”).
Re claim 25, Makansi teaches:
A method of controlling the surface temperature of a support cushion (at least [Abstract] “cushions, mattresses, pillows”), comprising: providing a support cushion including a body support portion (at least Fig. 10 and [0090] “mattress”) and a plurality of thermoelectric elements including an electrically conductive fabric (at least Figs. 10-14 and [0090] “thermoelectric string 101”.) comprising a first metal bonded to a substrate (at least [0047] “thermoelectric elements preferably comprise metals”); and
supplying an electrical current to the plurality of thermoelectric elements such that the electrical current is supplied in a first direction to decrease the surface temperature of the body support portion, and such that electrical current is supplied in a second direction to increase the surface temperature of the body support portion (at least Fig. 10 and [0071] “The control electronics for the blanket can automatically switch the electrical current in the proper direction when cooling is needed to achieve the set temperature or when heating is needed”);
wherein the electrically conductive fabric is in the form of a stretched knit fabric, and wherein the substrate is a thread or yarn (at least [0047] “lengths of braided or stranded wire 101 […] woven fiberglass sleeve threaded over the thermoelectric element”).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Makansi in view of US 20190126792 A1 to Kozlowski.
Re claim 3, Makansi teaches:
The support cushion of claim 1 (detailed with respect to claim 1).
Makansi does not explicitly teach:
wherein the first metal comprises silver.
However, Kozlowski teaches:
wherein the first metal comprises silver (at least [0021] “silver”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the support cushion taught by Makansi with the silver metal taught by Kozlowski with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it forms “highly conductive woven materials” (Kozlowski [0021]).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Makansi in view of US 20210360928 A1 to Piana.
Re claim 14, Makansi teaches:
The method of claim 13 (detailed with respect to claim 13).
Makansi does not explicitly teach:
wherein metalizing the fabric substrate comprises applying a silver solution to a fabric substrate including a nylon, and reducing the silver solution such that the silver in the solution bonds to the nylon.
However, Piana teaches:
wherein metalizing the fabric substrate comprises applying a silver solution (at least [0025] “one or more other natural and/or safe antimicrobial and antiviral chemicals may be used such as silver nitrate” and [0029] “The antimicrobial chemical is added to the machine and exhausted into the fibers by repeated circulation of the aquouse chemical solution”) to a fabric substrate including a nylon (at least [0023] “Exemplary fibers which can be used in the practice of the invention include […] nylon”), and reducing the silver solution such that the silver in the solution bonds to the nylon (at least [0025] “The term also includes compounds that are either silver ion-exchange resins, zeolites, or substituted glass compounds that release the particular metal ion bonded thereto upon the presence of other anionic species”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the support cushion taught by Makansi with the silver metal taught by Piana with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it forms “antimicrobial”, “antimicrobial agent” or “antimicrobial chemicals” refers to a composition that has the effect of irradicating or suppressing the growth of bacteria, viruses, fungi, yeast, algae and parasites” (Piana [0025]).
Re claim 15, the combination of Makansi and Piana teaches:
The method of claim 14 (detailed with respect to claim 14).
Piana further teaches:
wherein the silver solution comprises silver nitrate (at least [0025] “one or more other natural and/or safe antimicrobial and antiviral chemicals may be used such as silver nitrate” and [0029] “The antimicrobial chemical is added to the machine and exhausted into the fibers by repeated circulation of the aquouse chemical solution”).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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 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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/GEORGE SUN/Primary Examiner, Art Unit 3673
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