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) 1, 2, 6-12, and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenner (US 2024/0138599) in view of Goodale (US 5,628,093)
Regarding Claim 1, Jenner discloses a bed covering (see Fig. 3) comprising:
a fitted base (12) configured to at least partially enclose a mattress;
a top piece (50) comprising:
an end (60b) removably connectable to the fitted base (via 36);
a first side (60a) that is removably connectable to the fitted base (via 36);
a first portion (38a-38b) of a first zipper chain that extends along at least a portion of the first side, wherein the first portion of the first zipper chain is connectable to a corresponding second portion (38d-38e) of the first zipper chain on the fitted base;
a first extendable side panel (82a) connected to the first side;
a second side (60c) that is removably connectable to the fitted base (via 36);
a first portion (38c-38b) of a second zipper chain that extends along at least a portion of the second side, wherein the first portion of the second zipper chain is connectable to a corresponding second portion (38f-38e) of the second zipper chain on the fitted base: and
a second extendable side panel (82a) connected to the second side; and
a sheet (52) removably connectable to the fitted base (via 64). Jenner discloses three independent zippers 38a-38c (also 43a-43c as depicted in Fig. 8B and para. [0040]) that each extend along a side or an end. No portion of a side zipper extends along an end. Para. [0040] states that one of ordinary skill would understand that only one of zipper pair of 42 and 24 may be used instead of 3, but there is no mention of zippers 38a-38c or 43a-43c being constructed in this manner. Goodale teaches a first portion (110) of a first zipper chain that extends along at least a portion of the first side of a second zipper chain and along a first portion of an end and a first portion (130) of a second zipper chain that extends along at least a portion of a second side and along a second portion of the end, wherein the first portion of the second zipper chain is connectable to a corresponding second portion (see Fig. 4a). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the three independent zippers of Jenner as required by Claim 1 and taught by Goodale, since it has been held that forming in one piece an article which has formerly been formed in two or more pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Regarding Claim 2, Jenner discloses wherein the sheet comprises a first portion of a separating zipper chain that is removably connectable to a second portion of the separating zipper chain on the fitted base (see para. [0034]).
Regarding Claim 6, Jenner discloses an additional sheet (56) removably connectable to the top piece.
Regarding Claim 7, Jenner discloses wherein the additional sheet comprises a first portion of a separating zipper chain (42a-c) that is removably connectable to a second portion (24)of the separating zipper chain on the top piece, wherein the second portion of the separating zipper chain at least partially encloses an outer perimeter of the top piece (see Figs. 8A-8B).
Regarding Claim 8, Jenner discloses a cover piece (36) removably connectable to the top piece (via 42 and 24), wherein the cover piece comprises a first portion of a separating zipper chain (42a-c) that is removably connectable to a second portion (24) of the separating zipper chain on the top piece, wherein the second portion of the separating zipper chain at least partially encloses a middle portion of the top piece without enclosing the first and second extendable side panels (see para. [0036]).
Regarding Claim 9, Jenner discloses wherein the cover piece comprises a third portion (42b) of an additional separating zipper chain that is removably connectable to a fourth portion (24) of the additional separating zipper chain on the top piece, wherein the fourth portion of the additional separating zipper chain at least partially encloses the middle portion of the top piece without enclosing the first and second extendable side panels (see para. [0036]).
Regarding Claim 10, Jenner discloses an additional sheet (36) removably connectable to an end of the fitted base.
Regarding Claim 11, Jenner as modified teaches a bed covering (Jenner: see Fig. 3) comprising:
a fitted base (Jenner: 12) with two sides and two ends configured to at least partially enclose a mattress;
a top piece (Jenner: 50) comprising a first side (Jenner: 60a) , a second side (Jenner: 60c), a first end (Jenner: 60b), a second end (Jenner: end opposite 60b), a first extendable side panel (Jenner: 82a) attached along the first side, a second extendable side panel (Jenner: 82a) attached along the second side, a first portion of a first zipper chain that extends along at least a portion of the first side and along a first half of the first end to removably connect the top piece to a corresponding second portion of the first zipper chain on the fitted base (Goodale: see Claim 1 rejection), and a first portion of a second zipper chain that extends along at least a portion of the second side and along a second half of the first end to removably connect the top piece to a corresponding second portion of the second zipper chain on the fitted base (Goodale: see claim 1 rejection), wherein the first extendable side panel and the second extendable side panel each have a free edge along a length of the top piece (Jenner: see Fig. 3); and
a sheet (Jenner: 52) removably connectable to the fitted base (Jenner: via 64).
Regarding Claim 12, Jenner discloses wherein the sheet is removably connectable to the fitted base utilizing a single separating zipper chain (utilizing any one of 38a-c/43a-c).
Regarding Claim 14, Jenner discloses an additional sheet (36) removably connectable to at least one of the fitted base (via 43a-c), the top piece (via 42a-c), or the sheet (see Fig. 8B).
Regarding Claim 15, Jenner discloses wherein the additional sheet comprises a width and a length to match a width and a length of the top piece including the two extendable side panels (see Figs. 8A-8B).
Regarding Claim 16, Jenner discloses wherein the additional sheet further comprises a single separating zipper chain to couple the additional sheet to the top piece (utilizing any one of 42a-c).
Regarding Claim 17, Jenner discloses wherein the additional sheet comprises a first separating zipper chain (42a) to couple a first side of the additional sheet to a first side of the top piece, and a second separating zipper chain (42c) to couple a second side of the additional sheet to a second side of the top piece.
Regarding Claim 18, Jenner discloses wherein the additional sheet comprises a single separating zipper chain to couple the additional sheet to the top piece (utilizing any one of 42a-c).
Regarding Claim 19, Jenner discloses wherein the single separating zipper chain is configured to at least partially enclose a middle portion of the top piece without enclosing the two extendable side panels of the top piece (see para. [0036]).
Claim(s) 3 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenner (US 2024/0138599) in view of Goodale (US 5,628,093), as applied to claims 1 and 11 above, and further in view of Shuttleworth (US 2010/0154119).
Regarding Claims 3 and 13, Jenner fails to disclose wherein the sheet further comprises a concealment flap adjacent the first portion of the separating zipper chain or wherein the sheet comprises a concealment flap configured to cover the single separating zipper chain. Shuttleworth teaches a concealment flap 14a. Jenner and Shuttleworth 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 zipper chain(s) of Jenner with the concealment flap of Shuttleworth. The motivation would have been to hide the zipper chain(s) of Jenner so it does not contact the skin of a user, thus improving aesthetics and comfortability.
Claim(s) 4, 5, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenner (US 2024/0138599) in view of Goodale (US 5,628,093), as applied to claims 1 and 11 above, and further in view of Doshi (US 2020/0288888).
Regarding Claims 4 and 20, Jenner fails to disclose wherein the fitted base comprises a waterproof layer configured to be positioned beneath the sheet or a waterproof fabric configured to be positioned beneath the sheet. Doshi teaches wherein the fitted base comprises a waterproof layer (920) configured to be positioned beneath a sheet (910) or a waterproof fabric (920) configured to be positioned beneath a sheet (910, see para. [0074] discussing the option of sewing layer 920 directly to fitted sheet 930 or attaching via button snaps 935). Jenner and Doshi 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 fitted base of Jenner with the waterproof layer of Doshi or additionally place a waterproof fabric beneath the sheet of Jenner. The motivation would have been to protect the mattress of Jenner from being soiled, thus improving convenience.
Regarding Claim 5, Jenner fails to disclose wherein the sheet comprises a waterproof fabric. Doshi teaches a sheet 125 that comprises a waterproof fabric 125B. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the sheet of Jenner with the waterproof fabric of Doshi. The motivation would have been to protect the mattress of Jenner from being soiled, thus improving convenience.
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 08/13/2025, with respect to the rejection(s) of claim(s) 1-2, 6-12, and 14-19 under 35 USC § 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Goodale (US 5,628,093).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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