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 and Amendments
The amendments, filed November 12, 2025, have been entered. Claims 4, 10, and 12 have been amended. Claims 7, 13, and 20 have been cancelled. Claims 21-23 have been added. Claims 1-6, 8-12, 14-19, and 21-23 are currently pending in the application.
Applicant argues, on pages 6-9 of Applicant’s remarks that the previously cited prior art of
Schneider (U.S. Publication No. 2016/0157625) and Teller (U.S. Publication No. 2023/0067095), as cited in the rejection under 35 U.S.C. 103 is an improper combination as Schneider discloses foam layers which are intended to be washed, and modifying the foam layers of Schneider with the construction of Teller would render Schneider unsuitable for its intended purpose. Examiner respectfully disagrees. While the design of the foam layers of Teller is different from that of Schneider, Teller nevertheless contemplates that the mattress of their invention may be configured to enable a user to easily remove all the layers of the mattress for service and/or washing (see Teller, paragraph 0041). As Teller contemplates all the layers of the mattress assembly to be washable, then the design of Teller would not render the mattress cover of Schneider unsuitable for its intended purpose of allowing easy access to foam cartridges for washing. Moreover, nowhere in Teller does Teller teach away from washing the mattress components. In general, consumers tend to utilize the same mattress for long periods of time, and it is often necessary for those mattresses to be cleaned due to spills, accidents, or just from years of use. While different mattress constructions may require different cleaning techniques than those explicitly disclosed by Schneider, it would be well within the level of ordinary skill in the art to construct mattress components that are able to be cleaned.
Applicant argues, on pages 9-10 of Applicant’s remarks, that the combination of Schneider in view of Teller and further in view of Sylvain (U.S. Publication No. 2022/0061543), would not be proper as Sylvain teaches a wool mattress configured for rolling, while both Schneider and Teller fail to disclose wool mattresses, and would therefore not be capable of being rolled in the manner of Sylvain. Examiner respectfully disagrees. 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). In the case of Sylvain, while one layer component 10 of the mattress is comprised of wool, Sylvain teaches a base mattress layer 20. The wool layer and the base mattress are assembled and rolled separately, such that Sylvain does not attribute the ability of the mattress to roll to a mattress only or partially comprising wool (Figure 3 and paragraphs 0061-0066 and 0070-0071). As stated above, the test for obviousness is what the combined teachings of the references would have suggested to one of ordinary skill in the art. Sylvain teaches that rolling a mattress has the benefit of making packaging and shipping the mattress easier and less expensive. While the construction of the mattress of Sylvain may not be identical to that of Schneider or Teller, it would have been within the level of ordinary skill in the art before the effective filing date of the present application to construct a mattress that is capable of being rolled for packaging and shipping as taught by Sylvain.
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.
Claims 1-6, 9, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider (U.S. Publication No. 2016/0157625) in view of Teller (U.S. Publication No. 2023/0067095).
Regarding claim 1, Schneider discloses a mattress 100, comprising: a support base 104 and 102, including: four adjoining border walls 108 (defined by the four outer walls of the encasement 104 positioned below transition panel 118, Figure 6), a support portion 102 enclosed within the border walls 108 (Figures 4-7 and paragraphs 0015-0016), and a transition panel 118 above the support portion 102 (Figures 4-7 and paragraphs 0016-0017); an enclosure 108 and 122 above the support base 102 and 104 (Figure 7 and paragraph 0015), including: four adjoining enclosure walls 108 each attached to one of the border walls 108 (defined by the four outer walls 108 of the encasement 104 positioned above transition panel 118, Figures 6-7), a fastener 114 disposed on one or more of the enclosure walls 108 (paragraph 0018 and Figure 7), a cover 122, and a cavity bound by the enclosure walls 108, the cover 122, and the transition panel 118 (the cavity being defined by the area in which foam layers 128 are inserted, see Figures 3, 4, and 7); and a cartridge 126 removably receivable within the cavity (Figure 7 and paragraphs 0018-0019), the cartridge 126 including a layer 128 encased within an encasement sleeve (defined by the fabric cover described in paragraph 0021), the encasement sleeve abutting inner surfaces of at least three of the enclosure walls 108 when received within the enclosure (Figures 3, 4, and 7, where the outer surfaces of the cartridge 126 abut the inner walls of the cavity, also see paragraph 0021 which describes the fabric cover).
Schneider does not disclose the cartridge including layers encased within an encasement sleeve.
Teller teaches, in the embodiment shown in Figures 1-5, the cartridge 102A including layers 106A and 108B encased within an encasement sleeve 154A (Figure 5 and paragraphs 0032 and 0036-0037), the encasement sleeve 154A abutting inner surfaces of at least three of the enclosure walls (the enclosure walls defined by the side panels of cover 134) when received within the enclosure 134 (Figures 3 and 5, where the outer surfaces of the cartridge 102A abut the inner walls of the cavity defined by cover 134, also see paragraph 0030).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider with Teller (both being directed to a layered, rearrangeable mattress), such that the cartridge includes layers encased within an encasement sleeve. One of ordinary skill in the art would have been motivated to do so, in reference to Teller’s embodiment shown in Figure 1, because the layers of the cartridge of Teller allow for the feel of the mattress to be adjusted to a user’s preference by flipping the cartridge (paragraphs 0033 and 0037).
Alternatively, Teller additionally teaches, in the embodiments described by paragraph 0034 and illustrated in Figure 6, the cartridge 102A including layers 158, 160, 162, 164, and 166 encased within an encasement sleeve 154A (Figure 6 and paragraph 0054, where any of the layers may include the layers shown in Figure 6, and paragraph 0032 which describes the subcovers).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider with Teller (both being directed to a layered, rearrangeable mattress), such that the cartridge includes layers encased within an encasement sleeve. One of ordinary skill in the art would have been motivated to do so, in reference to Teller’s embodiment shown in Figure 1, because the use of the springs of Teller may reduce the transfer of motion and increases airflow, enabling a cooler mattress (paragraph 0034).
Regarding claim 2, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 1. Schneider, as modified, further discloses wherein the cartridge layers 106A and 108A comprise foam layers (see Teller, Figures 1 and 5 and paragraph 0017).
Regarding claim 3, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 1. Schneider, as modified, further discloses wherein the cartridge layers comprise one or more layers of foam 160 and 166 and one or more layers of microcoils 166 (see Teller, Figure 6 and see paragraph 0034 where cartridge 102A may include the described foam and spring layers).
Regarding claim 4, Schneider, as modified, discloses the subject matter as discussed above with regard to claims 1 and 3. Schneider, as modified, further discloses wherein a foam encasement is not included in the cartridge 102A (see Teller, Figure 2).
Regarding claim 5, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 1. Schneider, as modified, further discloses wherein the fastener 114 is a zipper, and the zipper is near an upper edge of three or four of the enclosure walls 108 (see Schneider, paragraph 0018 and Figure 2).
Regarding claim 6, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 1. Schneider, as modified, further discloses wherein the encasement sleeve (see Schneider, paragraph 0021 which discloses a fabric cover for the cartridge 126) abuts inner surfaces of four enclosure walls 134 when received within the enclosure (see Schneider, Figures 2-3).
Regarding claim 9, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 1. Schneider, as modified, does not disclose wherein the support base comprises a base panel comprising foam below the support portion.
Teller teaches wherein the support base comprises a base panel 112 comprising foam below the support portion 112 (Figure 1 and paragraph 0016).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider with Teller (both being directed to a layered, rearrangeable mattress), such that the support base comprises a base panel comprising foam below the support portion. One of ordinary skill in the art would have been motivated to do so because the layers of the cartridge of Teller allow for the feel of the mattress to be adjusted to a user’s preference by flipping the support portion (Figure 5 and paragraphs 0018 and 0039).
Regarding claim 11, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 1. Schneider, as modified, does not disclose wherein the cartridge 126 has a cartridge length from a first wall 108 provided by the encasement sleeve 104 to a second wall 108 provided by the encasement sleeve (see Schneider, Figures 2-3, where the cartridge 126 has substantially the same length as the cavity bounded by outer walls 108) and a cartridge width from a third wall 108 provided by the encasement sleeve 104 to a fourth wall 108 provided by the encasement sleeve 104 (see Schneider, Figures 2-3, where the cartridge 126 has substantially the same width as the cavity bounded by outer walls 108), and the support base 102 has a support base width from a first border wall 108 to a second border wall 108 (see Schneider, Figures 4-5, where the support base 102 has substantially the same length as the cavity bounded by outer walls 108) and a support base length from a third border wall 108 to a fourth border wall 108 (see Schneider, Figures 4-5, where the support base 102 has substantially the same width as the cavity bounded by outer walls 108), the cartridge width is substantially the same as the support base width, and the cartridge length is substantially the same as the support base length (Figures 2, 3, 5, 6, and 7, where the cartridge 126 and support base 102 have substantially the same length and width as the respective cavities bounded by outer walls 108).
Regarding claim 14, Schneider, as modified, discloses the subject matter as discussed above with regard to claims 1 and 11. Schneider, as modified, further discloses wherein the support portion 104 comprises coils 162 (see Teller, Figure 6 and see paragraphs 0034-0035 where the support portion may include the pocketed springs).
Claims 1 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider in view of Kim (U.S. Publication No. 2022/0322844).
Regarding claim 1, Schneider discloses a mattress 100, comprising: a support base 104 and 102, including: four adjoining border walls 108 (defined by the four outer walls of the encasement 104 positioned below transition panel 118, Figure 6), a support portion 102 enclosed within the border walls 108 (Figures 4-7 and paragraphs 0015-0016), and a transition panel 118 above the support portion 102 (Figures 4-7 and paragraphs 0016-0017); an enclosure 108 and 122 above the support base 102 and 104 (Figure 7 and paragraph 0015), including: four adjoining enclosure walls 108 each attached to one of the border walls 108 (defined by the four outer walls 108 of the encasement 104 positioned above transition panel 118, Figures 6-7), a fastener 114 disposed on one or more of the enclosure walls 108 (paragraph 0018 and Figure 7), a cover 122, and a cavity bound by the enclosure walls 108, the cover 122, and the transition panel 118 (the cavity being defined by the area in which foam layers 128 are inserted, see Figures 3, 4, and 7); and a cartridge 126 removably receivable within the cavity (Figure 7 and paragraphs 0018-0019), the cartridge 126 including a layer 128 encased within an encasement sleeve (defined by the fabric cover described in paragraph 0021), the encasement sleeve abutting inner surfaces of at least three of the enclosure walls 108 when received within the enclosure (Figures 3, 4, and 7, where the outer surfaces of the cartridge 126 abut the inner walls of the cavity, also see paragraph 0021 which describes the fabric cover).
Schneider does not disclose the cartridge including layers encased within an encasement sleeve.
Kim teaches a cartridge including layers 200-400 encased within an encasement sleeve (Figures 1-2 and paragraph 0035).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider (directed to a layered, rearrangeable mattress) with Kim (directed to a layered mattress topper), such that the cartridge includes layers encased within an encasement sleeve. One of ordinary skill in the art would have been motivated to do so because the layered construction of Kim allows for the weight of a user to be evenly distributed across the top of the mattress (paragraphs 0012-0016).
Regarding claim 15, Schneider discloses a method, comprising: arranging a support base 104 and 102 such that a transition panel 118 is above a support portion 102 within adjoining border walls 108 (Figures 4-7 and paragraphs 0015-0016); positioning a cartridge 126 within a cavity of an enclosure 108 (the enclosure being defined by the four adjoining outer walls 108 of the encasement 104 positioned above transition panel 118, Figures 6-7) above the transition panel 118 (Figures 3, 4, and 7), the enclosure including adjoining enclosure walls 108 bounding the cavity and each attached to one of the border walls 108 (Figures 3, 4, and 7, and paragraphs 0018-0019), the cartridge 126 including a layer 128 encased within an encasement sleeve (defined by the fabric cover described in paragraph 0021), the encasement sleeve abutting inner surfaces of at least three enclosure walls of the enclosure when positioned within the enclosure (Figures 3, 4, and 7, where the outer surfaces of the cartridge 126 abut the inner walls of the cavity, also see paragraph 0021 which describes the fabric cover); and fastening the enclosure (via fastener 114, paragraph 0018) to a closed position with the cartridge within the cavity (Figures 1 and 2).
Schneider does not disclose the cartridge including layers encased within an encasement sleeve.
Kim teaches a cartridge including layers 200-400 encased within an encasement sleeve (Figures 1-2 and paragraph 0035).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider (directed to a layered, rearrangeable mattress) with Kim (directed to a layered mattress topper), such that the cartridge includes layers encased within an encasement sleeve. One of ordinary skill in the art would have been motivated to do so because the layered construction of Kim allows for the weight of a user to be evenly distributed across the top of the mattress (paragraphs 0012-0016).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Schneider in view of Teller and further in view of Bonaddio (U.S. Patent No. 6,360,390).
Regarding claim 8, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 1. Schneider, as modified, does not disclose wherein the transition panel comprises foam.
Bonaddio (U.S. Patent No. 6,360,390) teaches wherein the transition panel 23’ and 32’ comprises foam (Figures 1-3 and Col. 3, lines 3-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider, as modified, (directed to a layered, rearrangeable mattress), with Bonaddio (directed to a layered mattress) such that the transition panel comprises foam. One of ordinary skill in the art would have been motivated to do so because the foam of Bonaddio provides a firmer edge to the mattress to permit a person to sit on the edge of the mattress and provides additional support that better enables a person to get up from the mattress (Col. 1, lines 11-20 and Col. 3, lines 3-23).
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider in view of Teller and further in view of Kroon (U.S. Publication No. 2024/0298810).
Regarding claim 10, Schneider, as modified, discloses the subject matter as discussed above with regard to claims 1 and 4. Schneider, as modified, does not disclose wherein the cartridge is configured to be roll packed.
Kroon teaches wherein the cartridge 20 is configured to be roll packed (paragraph 0094).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Schneider, as modified, (directed to a layered, rearrangeable mattress) with Kroon (directed to a layered, rearrangeable mattress), such that the cartridge is configured to be roll packed. One of ordinary skill in the art would have been motivated to do so because the rolled-up mattress of Kroon reduces the cost of transporting and storing the mattress (paragraph 0007).
Regarding claim 12, Schneider, as modified, discloses the subject matter as discussed above with regard to claims 1 and 11. Schneider, as modified, further discloses wherein the cartridge is configured to be roll packed. Schneider, as modified, further discloses wherein a foam encasement is not included in the cartridge 102A and includes one or more layers of foam (see Teller, Figure 2).
Schneider, as modified, does not disclose wherein the cartridge layers comprise one or more layers of microcoils and the cartridge is configured to be rolled packed.
Kroon teaches wherein the cartridge layers comprise one or more layers of foam 10 and one or more layers of microcoils 5 wherein the cartridge 20 is configured to be roll packed (Figures 2-3 and paragraph 0094).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Schneider, as modified, (directed to a layered, rearrangeable mattress) with Kroon (directed to a layered, rearrangeable mattress), such that the cartridge is configured to be roll packed. One of ordinary skill in the art would have been motivated to do so because the rolled-up mattress of Kroon reduces the cost of transporting and storing the mattress (paragraph 0007). Additionally providing the layer of microcoils would merely amount to a simple substitution of one known element (the foam of Teller) for another (the coils of Kroon) that would not provide unexpected results, as the coils of Kroon are provided for the identical purpose of forming a layer in a mattress, and either of foam or springs may be chosen to provide a desired feel to a mattress. In this regard, KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) and MPEP 2143(B) are relevant.
Claims 16-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider in view of Kim and further in view of Sylvain (U.S. Publication No. 2022/0061543).
Regarding claim 16, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 15. Schneider, as modified, does not disclose unrolling the cartridge from a first roll packed configuration before the positioning step.
Sylvain (U.S. Publication No. 2022/0061543) teaches unrolling the cartridge 10 from a first roll packed configuration before the positioning step (paragraph 0036 and Figure 3, where the top and base layers 10 and 20, respectively are packaged separately from each other, and where removing the components from the packaged configuration would be an inherent step required to set up the mattress of Sylvain, such as in the manner shown in Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider, as modified, (directed to a layered, rearrangeable mattress), with Sylvain (directed to a layered mattress) such that the method comprises unrolling the cartridge from a first roll packed configuration before the positioning step. One of ordinary skill in the art would have been motivated to do so because the rolled configuration of Sylvain ensures the mattress is an appropriate size to be shipped and transported (paragraph 0036 and Figure 3).
Regarding claim 17, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 15 and 16. Schneider, as modified, before the arranging step, unrolling the support base 20 and enclosure from a second roll packed configuration separate from the first roll packed configuration (paragraph 0036 and Figure 3, where the top and base layers 10 and 20, respectively are packaged separately from each other, and where removing the components from the packaged configuration would be an inherent step required to set up the mattress of Sylvain, such as in the manner shown in Figure 1).
Regarding claim 18, Schneider, as modified, discloses the subject matter as discussed above with regard to claims 15, 16, and 17. Schneider, as modified, further discloses wherein the fastening step includes zipping a cover 122 to one or more of the enclosure walls 108 (see Schneider, Figures 1-2 and paragraph 0018).
Regarding claim 19, Schneider, as modified, discloses the subject matter as discussed above with regard to claim 15. Schneider, as modified, does not disclose unrolling the support base and enclosure from a roll packed configuration before the arranging step.
Sylvain teaches unrolling the support base 20 and enclosure 22 from a roll packed configuration before the arranging step (paragraph 0036 and Figure 3, where the top and base layers 10 and 20, respectively are packaged separately from each other, and where removing the components from the packaged configuration would be an inherent step required to set up the mattress of Sylvain, such as in the manner shown in Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider, as modified, (directed to a layered, rearrangeable mattress), with Sylvain (directed to a layered mattress) such that the method comprises unrolling the support base and enclosure from a roll packed configuration before the arranging step. One of ordinary skill in the art would have been motivated to do so because the rolled configuration of Sylvain ensures the mattress is an appropriate size to be shipped and transported (paragraph 0036 and Figure 3).
Regarding claim 21, Schneider, as modified, discloses the subject matter as discussed above with regard to claims 15 and 16. Schneider, as modified, further discloses wherein the cartridge is configured to be roll packed. Schneider, as modified, further discloses wherein the cartridge layers 200-400 and 510 comprise a plurality of layers of foam 200, 400, and 510 and a plurality of layers of microcoils 300, a foam encasement is not included in the cartridge (see Kim, Figure 2 and paragraph 0035).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Schneider in view of Kim (U.S. Publication No. 2022/0322844) and further in view of Kroon (U.S. Publication No. 2024/0298810).
Regarding claim 22, Schneider, as modified, discloses the subject matter as discussed above with regard to claims 15 and 16. Schneider, as modified, further discloses wherein the cartridge layers 200-400 and 510 comprise a plurality of layers of foam 200, 400, and 510 and a plurality of layers of microcoils 300, a foam encasement is not included in the cartridge (see Kim, Figure 2 and paragraph 0035).
Schneider, as modified, does not disclose wherein the cartridge layers comprise one or more layers of foam comprise one or more layers of microcoils and the cartridge is configured to be rolled packed.
Kroon teaches wherein the cartridge layers comprise one or more layers of foam 10 and one or more layers of microcoils 5 wherein the cartridge 20 is configured to be roll packed (Figures 2-3 and paragraph 0094).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Schneider, as modified, (directed to a layered, rearrangeable mattress) with Kroon (directed to a layered, rearrangeable mattress), such that the cartridge is configured to be roll packed. One of ordinary skill in the art would have been motivated to do so because the rolled-up mattress of Kroon reduces the cost of transporting and storing the mattress (paragraph 0007).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Schneider in view of Bonaddio and further in view of Kim and Kroon.
Regarding claim 23, Schneider discloses a mattress 100, comprising: a support base 104 and 102, including: four adjoining border walls 108 (defined by the four outer walls of the encasement 104 positioned below transition panel 118, Figure 6), a support portion 102 enclosed within the border walls, and a transition panel 118 above the support portion 102, an enclosure 108 and 122 and above the support base 102 and 104 (defined by the four outer walls 108 of the encasement 104 positioned above transition panel 118, Figures 6-7), including: four adjoining enclosure walls 108 each attached to one of the border walls 108 (defined by the four outer walls 108 of the encasement 104 positioned above transition panel 118, Figures 6-7), a fastener 114 disposed on one or more of the enclosure walls 108 (paragraph 0018 and Figure 7), a cover 122, and a cavity bound by the enclosure walls 108, the cover 122, and the transition panel 118 (the cavity being defined by the area in which foam layers 128 are inserted, see Figures 3, 4, and 7); and a cartridge 126 removably receivable within the cavity (Figure 3, 4, and 7), the cartridge including foam layer 128 encased within an encasement sleeve (defined by the fabric cover described in paragraph 0021), wherein the cartridge 126 does not include a foam encasement (Figures 3, 4, and 7) the encasement sleeve abutting inner surfaces of at least three of the enclosure walls when received within the enclosure (Figures 3, 4, and 7, where the outer surfaces of the cartridge 126 abut the inner walls of the cavity, also see paragraph 0021 which describes the fabric cover).
Schneider does not disclose the transition panel comprising foam; the cartridge including a plurality of foam layers and a plurality of microcoil layers encased within an encasement sleeve; and the support base, enclosure, and the cartridge being configured to be roll packed.
Bonaddio (U.S. Patent No. 6,360,390) teaches wherein the transition panel 23’ and 32’ comprises foam (Figures 1-3 and Col. 3, lines 3-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider, as modified, (directed to a layered, rearrangeable mattress), with Bonaddio (directed to a layered mattress) such that the transition panel comprises foam. One of ordinary skill in the art would have been motivated to do so because the foam of Bonaddio provides a firmer edge to the mattress to permit a person to sit on the edge of the mattress and provides additional support that better enables a person to get up from the mattress (Col. 1, lines 11-20 and Col. 3, lines 3-23).
Kim teaches wherein the cartridge layers 200-400 and 510 comprise a plurality of layers of foam 200, 400, and 510 and a plurality of layers of microcoils 300 encased within an encasement sleeve (Figures 1-2 and paragraph 0035), wherein a foam encasement is not included in the cartridge (Figure 2 and paragraph 0035).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Schneider (directed to a layered, rearrangeable mattress) with Kim (directed to a layered mattress topper), such that the cartridge includes foam and microcoil layers encased within an encasement sleeve. One of ordinary skill in the art would have been motivated to do so because the layered construction of Kim allows for the weight of a user to be evenly distributed across the top of the mattress (paragraphs 0012-0016).
Kroon teaches wherein the mattress assembly comprising layers of foam 10, microcoils 5, and an encasement 12a-c is configured to be roll packed (Figures 2-3 and paragraph 0094).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Schneider, as modified, (directed to a layered, rearrangeable mattress) with Kroon (directed to a layered, rearrangeable mattress), such that the mattress assembly is configured to be roll packed. One of ordinary skill in the art would have been motivated to do so because the rolled-up mattress of Kroon reduces the cost of transporting and storing the mattress (paragraph 0007).
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 ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679