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 .
Election/Restrictions
Claims 2-3 and 13-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention (13-14) and species (claims 2-3), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9 September 2025.
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 4-7 is 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 4 includes the limitations “wherein the first and second flexible sheets are in a shape of convex hexagon having at least one pair of first and second edges opposite and parallel to each other, the conical spring wrapped between the first and second flexible sheets, with the small-diameter end facing the first edge and the second edge entering into the inner side of the conical spring around the large-diameter end from the outer side of the conical spring and joined to the first edge at the small- diameter end.” 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 4 requires a size 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.
Claim 5 describes the spring pocket in multiple forms which makes it impossible to determine the meets and bounds of the invention. In other words, it is unclear if the product is defined as a spring formed within a pocket or the deconstructed pocket.
In claim 5, the phrase "sector - like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Additionally, it is unclear what dimension the sector or sector-like shapes are referring to because of the limitation “when a side surface of the conical spring is developed.” It is unclear if the sector is measured at a certain location of the conical spring and if the conical spring is in a certain state (i.e. the conical spring is developed). The Examiner is unable to determine how the sector is measured and what it means to develop a side surface of a conical spring.
Claims 5-7 depend on claim 4 and are therefore rejected under 35 U.S.C. 112(b) 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) 1, 4-9, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foster (US Patent No. 1,287,662) in view of Official Notice in view of Inoue (JP 11128027).
Regarding Claim 1: Foster discloses a spring pocket (covered springs of Foster) for producing a spring cushion of furniture (cushion-seat/mattress of Foster – Page 1, lines 14-21), comprising: a [….] spring having [two ends]; a flexible bag (covering 13 of Foster) comprising an outer layer (see annotated copy of Fig. 6 of Foster) on an outer side of the [….] spring and an inner layer (see annotated copy of Fig. 6 of Foster) on an inner side of the […] spring (see annotated copy of Fig. 6 of Foster), the outer layer and the inner layer joined at [an] […] end and the [….], respectively, thereby encapsulating the […] spring in the flexible bag (Figs. 1-6 of Foster); [….] the flexible bag formed by overlapping a first [half of a] flexible sheet and an identical second [half of a] flexible sheet and joining them at corresponding edges (seams 14 and 19 of Foster – Figs. 3 and 6).
Foster does not disclose a large-diameter end and a small-diameter end opposite to the large-diameter end, the large-diameter, small-diameter end, the flexible bag formed by overlapping a first flexible sheet and an identical second flexible sheet and joining them at corresponding edges.
Foster does not explicitly disclose that the flexible bag is formed by overlapping a first flexible sheet and an identical second flexible sheet and joining them at corresponding edges. The Examiner hereby takes official notice that forming a tube with two identical pieces of material welded or sewn together around the edges is an alternative method of forming a tube and would have been an obvious substitution for forming the tube of the encasement of Foster with a reasonable expectation of success and no change to the function of the pocket (i.e. the pocket would work the same if it was formed with one piece of material folded into a tube or two pieces sewn into a tube).
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).
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), Official Notice (use of two layers to form a tube), 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).
Regarding Claim 4: Foster in view of Official Notice and Ionue make obvious the spring pocket of claim 1 wherein the first and second flexible sheets (official notice) are in a shape of convex hexagon having at least one pair of first and second edges opposite and parallel to each other (top and bottom edges of the unwrapped covering 13 of Foster – Fig. 3), the conical spring wrapped between the first and second flexible sheets (Figs. 1-6 of Foster as modified by Official Notice in the rejection of claim 1), with the small-diameter end facing the first edge and the second edge entering into the inner side of the conical spring around the large-diameter end from the outer side of the conical spring and joined to the first edge at the small- diameter end (see Fig. 6 of Foster showing the covering 13 with seam 19 near the upper most end of the spring of Foster and Fig. 1 of Ionue).
Foster in view of Official notice does not disclose that the shape of the first and second flexible sheets are a convex hexagon. However, since Ionue teaches the springs within conical shaped pockets, combining the teachings of Foster, Official Notice, and Ionue would require a convex hexagon shape for forming the dual layer pocket of Foster into a conical shape.
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Foster, Official Notice and Ionue by forming the encasement of Foster with first and second sheets of convex hexagons for the purpose of forming a conical shaped encasement as taught by Ionue in the final state of the pocketed spring and because the arrangement of cone type springs eliminates play between adjacent coils and prevents shape defect from easily occurring (see the abstract of Ionue).
Regarding Claim 5: Foster in view of Official Notice and Ionue make obvious the spring pocket of claim 4 wherein angles (a, p) between the first edge and third and fourth edges adjacent to the first edge are equal (see at least annotated copy of Fig. 5 of Inoue), and a sum of the angles (a, p) is equal to a straight angle (see angle a and p of annotated copy of Fig. 5 of Inoue both being obtuse angles which mean that the sum of angle a and p must be greater than 180 degrees) plus one half of a central angle of a sector or a sector-like shape formed when a side surface of the conical spring is developed (see the Examiner’s note below).
Examiner’s note: The limitation of claim 5 which describes the sum of the angles which includes “one half of a central angle of a sector or a sector-like shape formed when a side surface of the conical spring is developed” is interpreted to mean the sum of the angles a and p are added to one half of a central angle of a sector shape of a lateral dimension of the formed conical spring. In Fig. 5 of Inoue, upper ends of the springs shown in Inoue are circular. A circle is formed of any number of sectors of different sizes and therefore any configuration of equal angles for a and p would reasonably equal the claimed sum.
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Regarding Claim 6: Foster in view of Official Notice and Inoue make obvious the spring pocket of claim 4 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 the inner side of the flexible bag (see Fig. 6 of Foster).
Regarding Claim 7: Foster in view of Official Notice and Ionue make obvious the spring pocket of claim 4 wherein at least the joint connecting the second edges is formed following a step of the conical spring being wrapped by 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 Official Notice and Inoue make obvious the spring pocket of claim 1 wherein the joint of the outer layer and the inner layer at the small-diameter end forms an annular joint portion located at the radially inner side of the small-diameter end and extending circumferentially around the small-diameter end (see seem 19 located at the radially inner side of the upper end as shown in Fig. 6 of Foster).
Regarding Claim 9: Foster in view of Official Notice and Inoue make obvious the spring pocket of claim 1 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 Official Notice and Inoue make obvious the spring cushion for producing furniture, wherein the spring cushion comprises a plurality of spring pockets of claim 1 (cushioned seat shown in Fig. 1 of Foster).
Regarding Claim 12: Foster in view of Official Notice and Inoue make obvious Furniture comprising a spring cushion of claim 11 (cushion-seat or mattress of Foster – page 1, lines 14-21 of Foster).
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 Official Notice 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 Official Notice and Inoue make obvious the spring pocket of claim 1 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), Official Notice (two layers sewn together to form a tube), 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 2011/0148018 to DeFranks is cited for teaching the benefits of conical springs.
US 2007/0289068 to Edling is cited for teaching pocketed springs with an interior layer.
US 10,973,340 to Hegg is cited for teaching pocketed springs with an interior layer.
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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/AMANDA L BAILEY/Examiner, Art Unit 3673