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 .
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.
Claim 5 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. It is unclear to Examiner what Applicant is referring to as “an elastomeric material” in claim 5. I this the same or different from the an elastomeric material recited in claim 1 line 2. Claims will be examined under the assumption this was done in error and should read as “the elastomeric material” in claim 5.
Claims 14, 15 & 29 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. It is generally unclear what applicant is referring to as “inclusive”. Claims will be examined under the assumption that any value within the given ranges would read on the claim limitation.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 19-21 and 24-26 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Publication US2022/0167753A1 hereinafter referred to as Rasmussen.
As per claim 19 Rasmussen discloses a mattress assembly 100 fig.2 comprising: a support base layer 130, 140 fig.2; at least one foam layer 160 fig.2; and a cushioning member system 132 fig.2 located between the support base layer and the at least one foam layer, wherein the cushioning member system comprises a plurality of cushioning members (see fig.2) comprising an elastomeric material [0027 “In some embodiments, each region of cushioning member 132 comprises an elastomeric cushioning material. Each region of elastomeric cushioning member 132 may also include buckling walls.”].
As per claim 20 wherein each cushioning member comprises a top end, bottom end, and a plurality of walls extending from the top end to the bottom end (see fig.2) and defining a plurality of cavities (fig.2).
As per claim 21 wherein each cavity comprises a hexagonal shape, a rectangular shape, a bowtie shape, or an auxetic shape (see fig.2).
As per claim 24 wherein the support base layer comprises foam [0034 “In certain embodiments, the first support layer 140 comprises a foam material, such as a polyurethane foam or a latex foam.”].
As per claim 25 wherein the support base layer further comprises a side rail 130.
As per claim 26 further comprising a coil layer 120 fig.2.
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, 2, 13, 19-21, 24, 25 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2009/0126107A1 hereinafter referred to as Kuo in view of US Patent Publication US2019/0365116A1 hereinafter referred to as Roma.
Re-Claim 1
Kuo discloses a cushioning system 1 fig.2 comprising: a plurality of cushioning members 30, 31 fig.2/ 3 fig.9 & 10 comprising an elastomeric material [0030 “The cushioning members 30, 31 may be made of the materials selected from such as the rubber materials, the plastic or gel materials, the foam materials, the elastic fiber materials, the polymer or polyurethane materials, or other natural or synthetic materials that include a suitable resilience, and may include different heights.”], wherein each cushioning member comprises a top end, bottom end, and a plurality of walls extending from the top end to the bottom end (see fig.2 & 6) and defining a plurality of cavities 32 fig.2.
However does not disclose the cushioning members wherein each cushioning member is substantially planar with a mating profile configured to engage with a complimentary mating profile of a second cushioning member.
Roma teaches a cushioning system 134 fig.5C comprising: a plurality of cushioning members 134 wherein each cushioning member comprises a top end and bottom end (see fig.6B), and wherein each cushioning member is substantially planar with a mating profile 142 fig.5C configured to engage with a complimentary mating profile of a second cushioning member 134a, 134b & 134c fig.5A [0061].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the elastomeric mattress of Kuo and the interlocking mattress assembly of Roma and with a reasonable expectation of success arrived at elastomeric mattress with interlocking cushion members. One of ordinary skill in the art would have been motivated to make such a combination the purpose of having cushioning members with keyed profile comprises features that engage with corresponding features of an adjoining cushioning members to help secure the modular support sections in place as taught in Roma [0061].
Re-Claim 2
Kuo as modified by Roma above discloses,
wherein the mating profile comprises projections and recesses configured to interlock with projections and recesses of the second cushioning member to form a cushioning grid (see fig.5A and [0061]) Roma.
Re-Claim 13
Kuo as modified by Roma above discloses,
wherein each cavity comprises a hexagonal shape, a rectangular shape, a bowtie shape, or an auxetic shape (see fig.2 Kuo).
Re-Claim 19
Kuo discloses a mattress assembly 1 comprising: a support base layer 10; and a cushioning member system 3, 30, 31, wherein the cushioning member system comprises a plurality of cushioning members comprising an elastomeric material [0030].
However does not disclose Kuo discloses at least one foam layer; and a cushioning member system 3, 30, 31 located between the support base layer and the at least one foam layer.
Roma teaches a mattress assembly 100 fig.3 comprising: a support base layer 126 fig.9A; at least one foam layer 104 fig.9A; and a cushioning member system 134 fig.9A located between the support base layer and the at least one foam layer.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the elastomeric mattress of Kuo and the mattress assembly of Roma and with a reasonable expectation of success arrived at elastomeric mattress between a base layer and at least one foam layer. One of ordinary skill in the art would have been motivated to make such a combination the purpose of having cushioning members with keyed profile comprises features that engage with corresponding features of an adjoining cushioning members to help secure the modular support sections in place within the base layer as taught in Roma [0061].
Re-Claim 20
Kuo as modified by Roma above discloses,
Kuo discloses wherein each cushioning member comprises a top end, bottom end, and a plurality of walls extending from the top end to the bottom end (see fig.2 & 6) and defining a plurality of cavities 32 fig.2.
Re-Claim 21
Kuo as modified by Roma above discloses,
wherein each cavity comprises a hexagonal shape, a rectangular shape, a bowtie shape, or an auxetic shape (see fig.2 Kuo).
Re-Claim 24
Kuo as modified by Roma above discloses,
wherein the support base layer comprises foam [0059 “In the illustrated embodiment, the encasement 126 comprises a frame 128. The frame 128 may be made from foam.”].
Re-Claim 25
Kuo as modified by Roma above discloses,
wherein the support base layer further comprises a side rail 128 fig.4A.
Re-Claim 30
Kuo as modified by Roma above discloses,
the mattress assembly comprising: a support base layer 126 Roma; at least one foam layer 104 Roma; and the cushioning system 134 Roma.
Claim(s) 3-5, 7-11, 14, 15 and 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo as modified by Roma above further in view of US Patent 5,749,111 hereinafter referred to as Pearce.
Re-Claim 3
Kuo as modified by Roma above discloses the claimed apparatus however does not discloses wherein at least one wall of the plurality of walls comprises a variable wall thickness between the top end and the bottom end.
Pearce teaches wherein at least one wall of the plurality of walls comprises a variable wall 1402, 1403 fig.14 1507, 1508 fig.15 thickness between the top end and the bottom end.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the elastomeric mattress of Kuo as modified by Roma and the elastomeric cushion with variable thickness walls of Pearce and with a reasonable expectation of success arrived at elastomeric mattress with variable thickness wall. One of ordinary skill in the art would have been motivated to make such a combination the purpose of having a cushion that has a soft cushioning effect when cushioning an object that sinks into the cushion to only a shallow depth, but progressively provides firmer cushioning the deeper the cushioned object sinks. This would permit a cushion to be constructed that accommodates cushioned object of a very wide variety of weight ranges as taught in Pearce [column 13 lin3s 2-8].
Re-Claim 4
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein each cushioning member is injection molded [column 5 lines 53-55 “It is a feature of the invention that the invented cushion may be very quickly and cheaply injection molded or cast from suitable low cost gel materials.”] (To provide cushioning members which are inexpensive to manufacture [column 5 lines 51-52]).
Re-Claim 5
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein the cushioning member comprises an elastomeric material comprising a styrenic block copolymer and an oil [column 20 lines 13-21 “These formulations comprise about 100 parts by weight of a high viscosity triblock copolymer of the general configuration poly(styrene-ethylene-butylene-styrene) and from about 200 to about 1600 parts by weight of a plasticizing oil such as mineral oil. These formulations are very soft to the touch and very pliable to enable column buckling of even relatively thick columns, yet are so strong that they can stretch as much as sixteen times their original length without fracture.”].
Re-Claim 7
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein the oil comprises mineral oil [column 20 lines 13-21].
Re-Claim 8
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein the oil has a kinematic viscosity of about 10 cSt to about 110 cSt at 40 °C [column 21 lines 46-60 “Examples of such polybutenes include: L-14 (320M n), L-50 (420M n), L-100 (460M n), H-15 (560M n), H-25 (610M n), H-35 (660M n), H-50 (750M n), H-100 (920M n), H-300 (1290M n), L-14E (27-37 cst @ 100.degree. F. Viscosity), L-300E (635-690 cst @ 210.degree. F. Viscosity), Actipol E6 (365M n), E16 (973M n), E23 (1433M n) and the like. Examples of various commercially available oils include: ARCO Prime and Tufflo oils, other white mineral oils include: Bayol, Bernol, American, Blandol, Drakeol, Ervol, Gloria, Kaydol, Litetek, Marcol, Parol, Peneteck, Primol, Protol, Sonrex, and the like.”].
Re-Claim 9
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein a ratio of the styrenic block copolymer to the oil is from 20:80 to 40:60 [column 20 lines 13-21].
Re-Claim 10
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein the elastomeric material comprises a hardness from 10 Shore 00 to 80 Shore 00 [column 19 lines 45-51 “Any gelatinous elastomer or gelatinous viscoelastomer with a hardness on the Shore A scale of less than 15 may be considered a gel for the purposes of this invention, though a hardness of 3 or less on the Shore A scale is preferred, and a hardness which is off the Shore A scale and is characterized by a gram Bloom of less than about 800 is much preferred.”].
Re-Claim 11
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein the cushioning member further comprises polypropylene [column 21 lines 36-42 “Plasticizers particularly preferred for making the preferred gel are well known in the art, they include rubber processing oils such as paraffinic and naphthenic petroleum oils, highly refined aromatic-free paraffinic and naphthenic food and technical grade white petroleum mineral oils, and synthetic liquid oligomers of polybutene, polypropene, polyterpene, etc.”].
Re-Claim 14
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein a wall thickness of each wall of the plurality of walls is from 0.1 inches to 0.25 inches, inclusive [column 9 lines 58-62 “Examplary sizing and spacing of columns in the invention would include columns which have a cross sectional diameter taken orthogonal to the longitudinal axis of about 0.9 inches and a column wall thickness of about 0.1 inches at the thinnest point on a column wall.”].
Re-Claim 15
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein a distance from the top end to the bottom end is a wall height, and wherein the wall height is from 0.5 inches to 5 inches, inclusive [column 18 lines 26-30 “The cushion of this invention can be the preferred full 3.5 inches thick needed to allow sinking in for a human user which is in turn needed to equalize pressure and increase the surface area under pressure, while still being light weight.”].
Re-Claim 27
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein each cushioning member is injection molded [column 5 lines 53-55].
Re-Claim 28
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein the elastomeric material comprising a styrenic block copolymer and an oil [column 20 lines 13-21].
Re-Claim 29
Kuo as modified by Roma and Pearce above discloses,
Pearce teaches wherein the elastomeric material comprises a hardness from 10 Shore 00 to 80 Shore 00 [column 19 lines 45-51] inclusive.
Claim(s) 3, 16 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo as modified by Roma above further in view of US Patent Publication US2005/0223667A1 hereinafter referred to as McCann.
Re-Claim 3
Roma as modified by Kuo above discloses the claimed apparatus however does not discloses wherein at least one wall of the plurality of walls comprises a variable wall thickness between the top end and the bottom end.
McCann teaches wherein at least one wall of the plurality of walls comprises a variable wall 52 fig.6 & 62 fig.7 thickness between the top end and the bottom end.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the elastomeric mattress of Kuo as modified by Roma and the elastomeric cushion with variable thickness walls of McCann and with a reasonable expectation of success arrived at elastomeric mattress with variable thickness wall. One of ordinary skill in the art would have been motivated to make such a combination the purpose of providing differential buckling depending on the amount of force exerted on the columns as taught in McCann [0062].
Re-Claim 16
Kuo as modified by Roma and McCann above discloses,
McCann teaches wherein each wall comprises at least a first compression region 624 fig.7 and a second compression region 626 fig.7.
Re-Claim 17
Kuo as modified by Roma and McCann above discloses,
McCann teaches wherein a height of the first compression region between the top end and the bottom end is different from a height of the second compression region between the top end and the bottom end for at least one wall of the plurality of walls (see fig.7).
Re-Claim 18
Kuo as modified by Roma and McCann above discloses,
McCann teaches wherein each wall of the plurality of walls comprises a parting line between the top end and the bottom end, and wherein the parting line comprises the maximum wall thickness (see fig.7).
Re-Claim 22
Kuo as modified by Roma and McCann above discloses,
wherein each wall comprises at least a first compression region 624 McCann and a second compression region 626 McCann, and wherein each cushioning member is substantially planar with a mating profile 142 fig.5C Roma configured to engage with a complimentary mating profile of a second cushioning member 134a, 134b & 134c fig.5A [0061] Roma.
Re-Claim 23
Kuo as modified by Roma and McCann above discloses,
McCann teaches wherein at least one wall of the plurality of walls comprises a variable wall 52 fig.6 & 62 fig.7 thickness between the top end and the bottom end.
Claim(s) 5, 6, 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo as modified by Roma above further in view of UK Patent document GB2573857 hereinafter referred to as Ajit.
Re-Claim 3
Kuo as modified by Roma above discloses the claimed apparatus however does not discloses wherein the cushioning member comprises an elastomeric material comprising a styrenic block copolymer and an oil.
Ajit teaches a elastomeric cushioning member wherein the cushioning member comprises an elastomeric material comprising a styrenic block copolymer and an oil [see abstract “The ABA block copolymer is preferably selected from hydrogenated styrenic farnesene (HSFC), styrene-ethylene-ethylene/propylene-styrene (SEEPS) or styrene-ethylene-propylene-styrene (SEPS) or a mixture thereof. The non-ABA polymer is chosen from elastomeric polyolefins, polypropylene or mixtures thereof. Preferably the plasticizer is an oil. Antioxidants anti-aging agents or silicon dioxide may be included in the compositions. In a preferred embodiment the composition comprises, 1-5 wt% polypropylene, 5-15 wt% polyolefin elastomer, 1-30 wt% of HSFC, 5-15 wt% of SEPS, 1-20wt% of SEEPS and 55-80 wt% plasticizer oil. Also disclosed are gel compositions comprising hydrogenated styrenic farnesene (HSFC), at least one additional ABA block polymer and a plasticizer.”
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to select the material of the elastomeric cushioning member to comprise a styrenic block copolymer and an oil as taught by Ajit, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Re-Claim 6
Kuo as modified by Roma and Ajit above discloses,
Ajit teach wherein the styrenic block copolymer comprises as a Styrene-Ethylene-Ethylene / Propylene-Styrene (SEEPS) thermoplastic elastomer [see abstract].
Re-Claim 11
Kuo as modified by Roma and Ajit above discloses,
Ajit teach wherein the cushioning member further comprises polypropylene [see abstract].
Re-Claim 12
Kuo as modified by Roma and Ajit above discloses,
Ajit teach wherein the polypropylene is present in an amount up to about 10 wt.% [see abstract].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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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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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673