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
Applicant's arguments filed 27 March 2026 have been fully considered but they are not persuasive.
Applicants Arguments:
Applicant’s Argument 1: Relative to the rejections over Foster US 1,287,662 in view of Official Notice and Inoue JPH11128027, new claim 15 describes first and second sheets substantially in the shape of a convex hexagon, and the first edge attached to the second edge adjacent the smaller diameter end of the conical spring. This construction is shown in Figs. 10-15 of the Application. None of Foster US 1,287,662, Official Notice or Inoue JPH11128027 suggest these limitations. In Foster, the covering material is rectangular as shown in Fig. 3 at right, not a convex hexagon, as claimed. The seam 19 as shown in Fig. 5 of Foster is at a mid-height position. Foster makes no suggestion a first edge attached to the second edge adjacent the smaller diameter end of the conical spring, as in new claim 15. Indeed, Foster makes no recognition whatsoever of any relationship between the attachment of the edges and either end of the spring. See Foster page 3 (Column 6), lines 76-78, stating "the seam may be placed anywhere desired".
Applicant’s Argument 2: Responsive to the Official Notice at page 5 paragraph c. of the Office Action, in Foster the sewn tube is cylindrical. See e.g., Figs. 1 and 5. There is no tapering, the sidewalls of the tube are entirely straight and perpendicular to the top and bottom, and the spring is largely cylindrical, not conical, as claimed. As shown e.g., in Figs. 14 and 15 of the Application, in the claimed design, the flexible bag conforms to the conical shape of the spring. The sewn tube of Foster does not, and cannot, do this. Hence, there is a "change to the function of the pocket." At page 6, paragraph e, Official Notice is applied in combination as disclosing two layers to eliminate play between adjacent coils. Relevant to the two layers, Foster teaches: "As the springs are compressed in use, these two casings will fold up bellows fashion, forming a very efficient and very continuous cushion between the adjacent coils of the same spring, thus preventing the springs grinding upon each other or making any noise.." Foster, page 2, column 4, lines 111-122. "The smaller intermediate coils permit the outer casing to fold inwardly and at the same time through providing a smaller cavity for the inturned ends increase the tendency of the inturned ends to shove their material sidewise between the coils of the springs." Foster, page 3, column 5, lines 10-17. In contrast, the invention of new claim 15 is directed to reducing processing steps and improving production efficiency as described at [0004], and not to providing cushioning between adjacent coils.”
Examiner’s Response to Applicants Arguments:
In Response to Applicant’s Argument 1:
In response to applicant's argument that None of Foster US 1,287,662, Official Notice or Inoue JPH11128027 teach the hexagonal shaped sheets, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Applicant argues that Foster makes no suggestion of a first edge attached to the second edge adjacent a smaller diameter end of the conical spring but Figure 6 of Foster is considered to be showing first and second edges of the flexible bag attached to one another adjacent a distal end of the coil spring. In view of the amendments to the claims, the use of Official Notice has been removed for teaching first and second sheets forming a tubular spring encasement. See the rejections of the claims below which rely on the use of the case law Nerwin v. Erlichman, 168 USPQ 177, 179 for the teachings of separation of parts. The implication by the Applicant that because Foster teaches that the seam may be placed anywhere somehow teaches away from the claimed structure is not persuasive and in view of Fig. 6 of Foster the Examiner finds the teaching to support the rejection of claim 15 and the positioning of the claimed joint.
In Response to Applicant’s Argument 2:
In response to applicant's argument that the benefits of Foster in view of Ionue differ from that the of the Applicant’s invention, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Additionally, the Examiner disagrees with the Applicant’s argument that “Inoue discloses only a mattress having conical springs 2 in bags 1, with no disclosure on the bag characteristics or any relation between the bag and conical spring.” Ionue teaches the bag mimicking the shape of the conical spring which is applicable to the combined teachings of Foster as relied upon by the Examiner for the resultant teachings of a hexagonal sheet.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the first edge and the two first adjacent edges of each flexible sheet outside of the conical spring, the second edge and the two second adjacent edges of each flexible sheet within the conical spring” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15, 6-12 and 16 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In claim 15, the limitation “the first edge […] each flexible sheet outside of the conical spring, the second edge […] within the conical spring” in combination with “the second edges of the flexible sheets attached to the first edges of the flexible sheets adjacent the smaller diameter end of the conical spring” is not found in the original disclosure. It is not clear how the first and second edges of the flexible sheets could be attached and (emphasis added) on separate sides of the coil spring (i.e. inside/outside). See Fig. 9 of Applicant’s drawings which appear to show the joint connecting the first and second edges. The joint is only on the inside of the coil spring which means that first and second edges are not at different sides of the coil spring (i.e. inside/outside).
Claims 6-12 and 16 depend on claim 15 and are therefore rejected accordingly.
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 15, 6-12 and 16 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 15 includes structure of the spring pocket prior to forming the finished product but claimed as an apparatus claim. If the Applicant desires a claim directed to a process of forming a spring pocket, the Examiner suggests filing a method of forming a spring pocket instead of an apparatus claim formed with elements in various states of construction. The claim describes the shape of the flexible sheets in an unfinished state. In other words, the actual product being claimed appears to be a final product of a spring encased within a pocket but claim 15 requires a shape of the sheets before the pocketed spring is formed. It is impossible to determine the meets and bounds of the claims without being able to fully understand the state of the product being claimed. The Applicant can either claim the finished spring pocket of Figure 15 including the position of the finished seams and the relative position of the coil spring or a method of forming the spring pocket of Figure 15 with the steps including starting with two identical sheets of convex hexagonal shape, adjoining the sheets around their peripheries, adding a conical spring, inverting the sheets, etc.
In claim 15, the limitation “the first edge and the two first adjacent edges of each flexible sheet outside of the conical spring, the second edge and the two second adjacent edges of each flexible sheet within the conical spring” makes the claim unclear because the first and second lines conflict with one another. It is unclear how the first edge and the second edge of the sheets forming the flexible bag can be at different relative locations since the first and second edges are joined together. See paragraph [0013] of the Applicants disclosure which states “the second edge enters the inner side of the conical spring around the large-diameter end from the outer side of the conical spring and is jointed to the first edge at the small-diameter end.” If the first and second edges are jointed together they could not be at different relative sides of the conical spring in a final state.
Claims 6-12 and 16 depend on claim 15 and are therefore rejected accordingly.
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) 15, 6-9, 11-12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foster (US Patent No. 1,287,662) in view of Inoue (JP 11128027).
Regarding Claim 15: Foster discloses a spring pocket (covered springs of Foster) for furniture (cushion-seat/mattress of Foster – Page 1, lines 14-21), comprising: [….] a flexible bag (covering 13 of Foster); […] [a flexible tube] extending around […] [a first spring] end (Fig. 5 of Foster), with the […] spring wrapped between the [layers of the tube] (Fig. 5 of Foster) the first edge and the two first adjacent edges of each flexible sheet outside of the conical spring, the second edge and the two second adjacent edges of each flexible sheet within the conical spring (Fig. 6 of Foster – In view of the rejection under 35 U.S.C. 112(b)); and the second edges of the flexible sheets attached to the first edges of the flexible sheets adjacent the [first] end of the conical spring (Fig. 6 of Foster).
Foster does not explicitly disclose that the flexible bag is formed by first and second flexible sheets, each flexible sheet substantially in a convex hexagon shape, each flexible sheet having a first edge opposite from and parallel to a second edge, the first edge adjoining two first adjacent edges and the second edge adjoining two second adjacent edges, a conical spring having a smaller diameter end and a larger diameter end, larger diameter, the first edge and the two first adjacent edges of each flexible sheet outside of the conical spring, the second edge and the two second adjacent edges of each flexible sheet within the conical spring; and the second edges of the flexible sheets attached to the first edges of the flexible sheets adjacent the smaller diameter end of the conical spring.
Foster does teach forming a tube shaped covering 13 for surrounding the coil springs (see Fig. 6 of Foster and page 2, lines 14-19 – “In my preferred form of construction the covering 13 is formed into a tube as by sewing the opposite side edges of the covering together by a seam 14 previous to the covering being placed upon the spring”).
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have similarly constructed the covering of Foster by sewing two separate material pieces together, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
In the same field of endeavor, pocketed springs (see the abstract of Ionue), Ionue teaches conical pocketed springs comprising a large-diameter end and a small-diameter end opposite to the large-diameter end (as shown in Fig. 1 of Ionue) and a flexible bag which tapers with the shape of the conical spring such that the flexible bag is conical shaped (Figs. 4 and 5 of Ionue).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Foster (pocketed spring mattress), and Ionue (conical springs and tapered spring bag) with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make such a combination because the arrangement of cone type springs eliminates play between adjacent coils and prevents shape defect from easily occurring (see the abstract of Ionue). The Examiner notes that the combination of Foster, and Ionue results in the convex hexagonal shape of the sheets forming the flexible bag since Foster as modified by the case law teaching of separating the sheets into two portions makes obvious the method of forming the flexible bag by inverting a portion of a tubular sheath formed of two sheets sewn together and fastening the ends together, and because in order to change the shape of the sheath as taught by Ionue to be conical, the originating sheets would be convex hexagonal shapes in order to become conical upon inversion.
Regarding Claim 6: Foster in view of Inoue make obvious the spring pocket of claim 15 wherein a joint seam (see seem 19 located at the radially inner side of the upper end as shown in Fig. 6 of Foster) of the first flexible sheet and the second flexible sheet is located in an inner side of the flexible bag (see Fig. 6 of Foster).
Regarding Claim 7: Foster in view of Ionue make obvious the spring pocket of claim 15 wherein a joint connecting the second edges is formed after wrapping the conical spring with the first flexible sheet and the second flexible sheet (Page 3, lines 46-55 of Foster – “The modifications shown in Figs. 5i and G consist in having the ends of the piece of flexible material or the tubular material fastened to each other after the material has been placed upon the spring so as to form the inner and outer casing heretofore mentioned. Suitable fastening means of any desired form may be used and enough will be used to keep the ends from gaping apart or exposing any .part of the contained spring. A convenient and a preferred form of fastening said ends together consists as shown in the drawing of sewing the meeting ends.”).
Regarding Claim 8: Foster in view of Inoue make obvious the spring pocket of claim 15 wherein the first edge is attached to the second edge adjacent the smaller diameter end and forms an annular joint portion inside of the smaller diameter end and extends circumferentially around the smaller diameter end (see seem 19 being an annular joint at a first end being inside of the first end and extending circumferentially around the end Fig. 6 of Foster).
Note that the modifications in view of Ionue create a smaller end.
Regarding Claim 9: Foster in view of Inoue make obvious the spring pocket of claim 15 wherein the flexible bag is formed by joining the flexible sheets by sewing (Page 3, lines 56-61 of Foster – “A convenient and a preferred form of fastening said ends together consists as shown in the drawing of sewing the meeting ends of the flexible material together by a seam 19 extending the entire circumference of the material as arranged upon the spring) or ultrasonic welding.
Regarding Claim 11: Foster in view of Inoue make obvious the spring cushion for producing furniture, wherein the spring cushion comprises a plurality of spring pockets of claim 15 (cushioned seat shown in Fig. 1 of Foster).
Regarding Claim 12: Foster in view of Inoue make obvious Furniture comprising a spring cushion of claim 11 (cushion-seat or mattress of Foster – page 1, lines 14-21 of Foster).
Regarding Claim 16: Foster in view of Ionue make obvious the spring pocket of claim 15 wherein each of the two first adjacent edges forms an angle alpha with the first edge (see annotated copy of Fig. 4 of Ionue and the combination of the Foster in view of Ionue in the rejection of claim 15).
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Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foster (US Patent No. 1,287,662) in view of Inoue (JP 11128027) further in view of Thomas et al. (US PG Pub. No. 2016/0316927 – hereinafter Tomas).
Regarding Claim 10: Foster in view of Inoue make obvious the spring pocket of claim 15 but do not disclose or make obvious wherein the flexible bag comprises a non-woven fabric.
However, in the same field of endeavor, pocketed springs (see the abstract of Thomas), Thomas teaches a flexible bag comprises a non-woven fabric (see paragraph [0020] of Thomas – “For example, suitable fabrics that can be used for the fabric pocket 30 can include one of various thermoplastic fibers known in the art, such as non-woven polymer-based fabric, non-woven polypropylene material, or non-woven polyester material.”).
One having ordinary skill in the art would have found it obvious to combine Foster (pocketed springs), Ionue (conical spring and encasement) and Thomas (non-woven bag) with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make such a combination because “In this regard, the fabric pocket 30 is preferably made of a non-woven fabric which can be joined or welded together by heat and pressure (e.g., via ultrasonic welding or by a similar thermal welding procedure) to form such a cylindrical structure.” (paragraph [0020] of Thomas).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG Pub. No. 2009/0106908 to DeFranks et al. is cited for teaching conical springs housed in pockets.
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 AMANDA L BAILEY whose telephone number is (571)272-8476. The examiner can normally be reached M-F 7:30 AM-4:30 PM.
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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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/A.L.B/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
8/9/2026
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