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 .
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.
Claim Objections
Claim 20 is objected to because of the following informalities: “and locking member” should be –and a locking member--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation “wherein the first and second inflatable bodies are in fluid communication with each other, and consisting of a single air intake valve…” I tis unclear how the first and second inflatable bodies can consist of a single air intake valve because a single air-intake valve does not yield first and second inflatable bodies. It is suggested that perhaps applicant intended to claim that the bodies are in fluid communication with and share a single air-intake valve. As written, the claim scope is indefinite.
The term “loosely” in claim 20 is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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, 5, and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yakubov (US PG Pub No. 20220268050) in view of Fahey (US PG Pub. No. 20050188465).
Re Claim 1
Yakubov discloses:
a first inflatable body (32) having a length longer than a width of the first inflatable body and having a thickness thinner than the width of the first inflatable body (see figs. 1-2, for example);
a second inflatable body (36) having a length shorter than a width of the second inflatable body and having a thickness thinner than the length of the second inflatable body (see figs. 2 and 5, for example);
the first inflatable body being sized for a human body to lie upon and the second inflatable body being sized for a human head to lie upon (see fig. 2; see [0022], [0024], the width of the second inflatable body being disposed along the width of the first inflatable body and being disposed adjacent one end of the length of the first inflatable body (see fig. 2);
Yakubov discloses a pump for inflating the mattress and the pillow together in paragraph [0024] and see figs. 3-4, i.e. permitting air to fill the first and second inflatable bodies (examiner notes that these inflatable mattress / pillow pumps commonly include intake and exhaust valves), but does not explicitly discuss valves including, not explicitly disclosing:
one or more air-intake valves permitting air to fill the first and second inflatable bodies; and
one or more exhaust valves permitting air within the first and second inflatable bodies to be released from the first and second inflatable bodies.
Fahey teaches one or more air-intake valves permitting air to fill inflatable bodies and one or more exhaust valves permitting air within the inflatable bodies to be released from the inflatable bodies (see [0034], see deflation valve 74 and inflation valve 76) for the purpose of facilitating inflation and deflation. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov (which already at least implies the structure at issue) to have one or more air-intake valves permitting air to fill the first and second inflatable bodies and one or more exhaust valves permitting air within the first and second inflatable bodies to be released from the first and second inflatable bodies as taught by Fahey for facilitating inflation and deflation.
Re Claim 5
Yakubov as modified above discloses:
wherein the first and second inflatable bodies are in fluid communication with each other (Yakubov fig. 4 and [0024]), and consisting of a single air-intake valve permitting air to fill both of the first and second inflatable bodies (figs. 3-4 of Yakubov and see also the modification above).
Re Claim 12
Yakubov as modified above discloses:
wherein at least one of the one or more air-intake valves is disposed on a side of the first inflatable body along the thickness thereof (Yakubov fig. 3; The same is true with Fahey fig. 1).
Re Claim 13
Yakubov as modified above discloses:
wherein the at least one of the one or more air-intake valves is disposed on an end of the first inflatable body (see above).
Re Claim 14
Yakubov as modified above discloses:
wherein the at least one of the one or more air-intake valves is disposed on an end of the first inflatable body opposite from the second inflatable body (see above).
Re Claim 15
Yakubov as modified above discloses:
further comprising an electrical air pump connected to at least one of the one or more air-intake valves to draw air through the at least one of the one or more air-intake valves to inflate the first and/or second inflatable bodies (pump 34 and see modification above; see also fig. 2 and [0024]).
Claim(s) 2-4, 6-7 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yakubov (US PG Pub No. 20220268050) in view of Fahey (US PG Pub. No. 20050188465) and further in view of Davis (US PG Pub No 20050034242 ).
Re Claims 2-4
Yakubov as modified above discloses all claim limitations, see above, except:
wherein a top surface of the first inflatable body is corrugated with inflatable ridges extending along the width of the first inflatable body, the inflatable ridges being interposed with recesses extending between the inflatable ridges and extending along the width of the first inflatable body.
wherein a top surface of the second inflatable body is corrugated with inflatable ridges extending along the width of the second inflatable body, the inflatable ridges being interposed with recesses extending between the inflatable ridges and extending along the width of the second inflatable body.
wherein a bottom surface of the first inflatable body is corrugated with inflatable ridges extending along the width of the first inflatable body, the inflatable ridges being interposed with recesses extending between the inflatable ridges and extending along the width of the first inflatable body.
Davis teaches, in figs. 1-2 and 5-6, having top and bottom surfaces of an inflatable / air mattress corrugated with inflatable ridges extending along a width of the inflatable body, the ridges being interposed with recesses extending between the inflatable ridges and along the width of the body for the purpose of maintaining the user in position, preventing slipping, for comfort, and to prevent a fall / injury. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to have as taught by Davis, for the purpose of maintaining the user in position, preventing slipping, for comfort, and to prevent a fall / injury, a top surface of the first inflatable body is corrugated with inflatable ridges extending along the width of the first inflatable body, the inflatable ridges being interposed with recesses extending between the inflatable ridges and extending along the width of the first inflatable body / a top surface of the second inflatable body is corrugated with inflatable ridges extending along the width of the second inflatable body, the inflatable ridges being interposed with recesses extending between the inflatable ridges and extending along the width of the second inflatable body / a bottom surface of the first inflatable body is corrugated with inflatable ridges extending along the width of the first inflatable body, the inflatable ridges being interposed with recesses extending between the inflatable ridges and extending along the width of the first inflatable body.
Re Claims 6, 7, 10, and 11
Yakubov as modified above discloses all claim limitations, see above, except:
wherein a fabric is disposed on external surfaces of the first and second body.
wherein the fabric comprises a pattern of protuberances raised from a base surface.
Davis teaches an air mattress wherein a fabric is disposed on external surfaces and which comprises a pattern of protuberances raised from a base surface (e.g. in the taught nylon twill via the arrangement of the weave) for the purpose of providing a structure which is easy to clean and resilient and which is durable (see [0019]). It would therefore have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to have a fabric disposed on external surfaces of the first and second body, wherein the fabric comprises a pattern of protuberances raised from a base surface as taught by Davis for the purpose of providing a structure which is easy to clean and resilient and which is durable (see [0019]).
Yakubov as modified above discloses all claim limitations, see above, except:
wherein the first and second inflatable bodies are formed from one or more sealing membranes comprising an air impermeable layer and a fabric layer bonded to the air impermeable layer, the air impermeable layer being exposed to an interior space of the first and second inflatable bodies and the fabric layer being disposed on external surfaces of the first and second inflatable bodies.
wherein the air impermeable layer comprises thermoplastic polyurethane.
As described above, see Davis [0019], which teaches an air mattress having one or more sealing membranes comprising an air impermeable layer and a fabric layer bonded to the air impermeable layer, the air impermeable layer being exposed to an interior space of the air mattress and the fabric layer being disposed on external surfaces thereof, with the air impermeable layer comprising thermoplastic polyurethane for the purpose of providing a structure which is easy to clean and resilient and which is durable. It would therefore have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to incorporate the teachings of Davis to have the first and second inflatable bodies formed from one or more sealing membranes comprising an air impermeable layer and a fabric layer bonded to the air impermeable layer, the air impermeable layer being exposed to an interior space of the first and second inflatable bodies and the fabric layer being disposed on external surfaces of the first and second inflatable bodies, wherein the air impermeable layer comprises thermoplastic polyurethane for the purpose of providing a structure which is easy to clean and resilient and which is durable.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yakubov (US PG Pub No. 20220268050) in view of Fahey (US PG Pub. No. 20050188465) and further in view of Lea et al. (US Patent No. 4624877 and hereinafter “Lea”).
Re Claim 8
Yakubov as modified above discloses all claim limitations, see above, except:
wherein the first and second inflatable bodies are formed from multiple sheets of sealing membranes adhered together at edges thereof, the adhered edges being disposed between at least a top and sides of the first inflatable body, a bottom and the sides of the first inflatable body, and a top and sides of the second inflatable body.
Yakubov discloses an inflatable air mattress, but does not disclose that it is formed as claimed above. Examiner notes that this structure and formation is common in the art. Nevertheless, Lea teaches inflatable bodies which are formed from multiple sheets of sealing membranes adhered together at edges thereof, the adhered edges being disposed between two sides of the inflatable body (see abstract; see figs. 1-6, for example, and C2 L21-37 discussing the background art, see C4 L5-10, see Fig. 1, see C7 L55 – C8 L5, C8 L14 – 65) for the purpose of providing an air impermeable sealed body of generally consistent quality which may be filled so as to be an air mattress. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to incorporate the teachings of Lea to have the first and second inflatable bodies formed from multiple sheets of sealing membranes adhered together at edges thereof, the adhered edges being disposed between at least a top and sides of the first inflatable body, a bottom and the sides of the first inflatable body, and a top and sides of the second inflatable body for the purpose of providing an air impermeable sealed body of generally consistent quality which may be filled so as to be an air mattress. Sealing the portions of Yakubov as modified above as claimed is consistent with the teachings of Lea.
Re Claim 9
Yakubov as modified above discloses all claim limitations, see above, except:
wherein the first and second inflatable bodies are formed from one or more sealing membranes comprising thermoplastic polyurethane.
Yakubov discloses an inflatable air mattress, but does not disclose that it is formed from one of more sealing membranes comprising thermoplastic polyurethanes. Examiner notes that this structure and material is common in the art. Nevertheless, Lea teaches inflatable bodies which are formed from one or more sealing membranes comprising thermoplastic polyurethanes for the purpose of providing an air impermeable sealed body of generally consistent quality which may be filled so as to be an air mattress (see, for example the following: C2 L21-37 discussing the background art, see C4 L5-10, see Fig. 1, see C7 L55 – C8 L5, C8 L14 – 65). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to incorporate the teachings of Lea to have the first and second inflatable bodies are formed from one or more sealing membranes comprising thermoplastic polyurethane for the purpose of providing an air impermeable sealed body of generally consistent quality which may be filled so as to be an air mattress.
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yakubov (US PG Pub No. 20220268050) in view of Fahey (US PG Pub. No. 20050188465) and further in view of Official Notice.
Re Claim 16
Yakubov as modified above discloses all claim limitations, see above, including:
an air- intake port comprising the at least one of the one or more air-intake valves (the port being the opening where the valve resides).
a switch to turn the electrical air pump on and off (50).
Yakubov as modified above discloses does not disclose:
a charge port to charge a battery supplying the electrical air pump with power.
Examiner hereby takes official notice that it is old and well known to have a charge port to charge a battery supplying the electrical air pump with power for the purpose of providing a pump which can be operated in locations remote from an outlet and for convenience. It would therefore have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to incorporate above teachings for the articulated purposes.
Re Claim 17
Yakubov as modified above discloses all claim limitations, see above, except:
further comprising a removable cap covering the at least one of the one or more air-intake valves, the switch, and the charge port.
Examiner hereby takes official notice that it is old and well known in the art to utilize removable caps to cover various components on pumps, switches, actuators, ports, etc. including those which are claimed above (“a removable cap covering the at least one of the one or more air-intake valves, the switch, and the charge port”) so as to prevent inadvertent actuation, so as to prevent debris or dust from entering, and/or so as to prevent damage. It would therefore have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to incorporate above teachings for the articulated purposes.
Re Claim 18
Yakubov as modified above discloses all claim limitations, see above, except:
further comprising a plug insertable into the at least one of the one or more air-intake valves to prevent air flow through the at least one of the one or more air-intake valves, the plug being covered by the removable cap.
Examiner hereby takes official notice that it is old and well known in the art to utilize a plug insertable into an air intake valve to prevent air flow through the air intake valve and to have the plug being covered by a removable cap so as to maintain inflation / to prevent deflation and/or to prevent inadvertent damage or debris / dust from entering. It would therefore have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to incorporate above teachings for the articulated purposes.
Re Claim 19
Yakubov as modified above discloses all claim limitations, see above, except:
wherein the electrical air pump is disposed within the first or second inflatable bodies, and further comprising a battery supplying the electrical air pump with power, the battery being a rechargeable, non-replaceable battery disposed within the first or second inflatable bodies.
Examiner hereby takes official notice that it is old and well known in the art to have electrical air pumps disposed within an inflatable body for the purpose of facilitating storage and easy inflation and/or deflation of the inflatable body. Examiner hereby takes official notice that it is old and well known to have battery powered pumps which include a rechargeable, non-replaceable battery disposed within the inflatable body (rather than the plug-powered one in Yakubov) for the purpose of providing a pump which can be operated in locations remote from an outlet and for convenience. It would therefore have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to incorporate above teachings for the articulated purposes.
Re Claim 20
Yakubov as modified above discloses all claim limitations, see above, except:
wherein at least one of the one or more exhaust valves comprises a hole extending into the first or second inflatable bodies to permit air to be released, a plug loosely connected to the hole to prevent loss of the plug, the plug comprising a first side being insertable into the hole to prevent air flow through the hole and a second side comprising an opening extending longitudinally through the backside of the plug, and locking member loosely connected to the plug to prevent loss of the locking member, the locking member comprising a protrusion insertable into the opening of the plug to lock the plug into the hole.
Yakubov as modified above discloses the exhaust valve which necessarily includes a hole extending into the inflatable body to permit air to be released (see above), but does not disclose or teach the other particulars as claimed. Examiner hereby takes official notice that it is old and well known in the art to utilize with exhaust valves / pumps / holes -- a plug loosely connected to the hole to prevent loss of the plug, the plug comprising a first side being insertable into the hole to prevent air flow through the hole and a second side comprising an opening extending longitudinally through the backside of the plug, and locking member loosely connected to the plug to prevent loss of the locking member, the locking member comprising a protrusion insertable into the opening of the plug to lock the plug into the hole for the purpose of maintaining inflation / preventing deflation and preventing the loss of the plug. It would therefore have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yakubov as modified above to incorporate above teachings for the articulated purposes.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references of record show a variety of pumps, valves, and inflatable mattresses using pumps and valves. Further, additional references are provided with various material choices for the inflatable bodies and fabrics adhered thereto / formed therewith as well as battery powered pumps and pump structures including plugs, locking members, pins, switches, etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SOSNOWSKI whose telephone number is (571)270-7944. The examiner can normally be reached 8:30 AM - 3:30 PM and 9 PM through 11:59 PM Monday through Friday, generally..
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.
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.
/DAVID E. SOSNOWSKI/
Primary Patent Examiner
Art Unit 3673
/David E Sosnowski/Primary Patent Examiner, Art Unit 3673