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 .
Claims 1-16 and 18-21 are pending in the application. No newly added or canceled claims presented.
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 1-16 and 18-21 are 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. Applicant’s disclosure does not appear to have support for the claim limitation “the longitudinally extending length of the sheet portion being approximately equal to the longitudinal length of the sleeping pad”. Applicant’s drawings and specification do not appear to support this limitation. It appears in Applicants fig.2 & 8 that the length of the sheet portion would be longer than the sleeping pad since the sheet portion also extends around and beyond the sleeping pad to cover the sides on the sleeping pad.
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.
The term “approximately” in claim 1, 8 & 16 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear to what the degree in which the lengths of the sheet portions and the sleeping pads can differ and still be considered equal. There is no guidance in Applicants specifications as to what degree the length can differ and still be considered equal.
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, 8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2014/0189952A1 hereinafter referred to as Crispino in view of US Patent 5,333,769 hereinafter referred to as Skroski.
Re-claim 1
Crispino discloses a bottom sheet 101 fig.4 adapted to be secured to a sleeping pad 9 fig.29, the bottom sheet comprising: a sheet portion 123, 124,126, 127 gig.7/ 159 fig.10 adapted to underlie a user and configured for releasably coupling to the sleeping pad [0090 “In step 227, a gathering seam 159 stitching the gathering means 122 to the free edges 128 and 129 of the side panels 124 and 125 and the other free edges of panels 123, 126 to join these and form a perimeter. … Alternatively, in step 227, a gathering seam 159 can stitch an elastic ribbon to the free edges of the side(s) at each corner to secure the lower layer assembly 120 to the mattress 9.”], the sheet position having a longitudinally extending length (see fig.10), the longitudinally extending length of the sheet portion being approximately equal to the longitudinal length of the sleeping pad [0083 “Side (head) panel 123 and side (foot) panel 126 are of an appropriate size and dimension corresponding to the head and foot sides of the mattress 9. Side panels 124 and 125 are of an appropriate size and dimension corresponding to the sides of the mattress 9 other than the head or foot dimensions.”]; a pair of lateral flaps 103 fig.4 connected to the sheet portion in spaced relationship such that one lateral flap is spaced laterally from the other lateral flap, each lateral flap of the pair of lateral flaps having a longitudinally extending length less than the longitudinally extending length of the sheet portion (see fig.2).
However does not discloses a hood having a transverse hood segment and a pair of lateral hood segments, wherein each of the lateral hood segments of the hood are integral with a respective one of the lateral flaps.
Skroski teaches a bottom sheet 13, 18 fig.2 adapted to be secured to a sleeping pad 52 fig.5, the bottom sheet comprising: a sheet portion 13, 18, a pair of lateral flaps 14, 15 fig.2 connected to the sheet portion and a hood 17 fig.2 having a transverse hood segment and a pair of lateral hood segments, wherein each of the lateral hood segments of the hood are integral with a respective one of the lateral flaps (see fig.2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino and the sleeping bag Skroski having a hood and with a reasonable expectation of success arrived at a sleeping arrangement having a hood. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of enclosing the users head and preventing inadvertent movement as taught in Skroski [column 4 lines 15-20].
Re-Claim 8
Crispino discloses a bottom sheet 101 fig.4 adapted to be secured to a sleeping pad 9 fig.29, the bottom sheet comprising: a sheet portion 123, 124,126, 127 gig.7/ 159 fig.10 defining a top and an opposite bottom, the sheet portion including at least one fastener 112 fig.10; wherein the at least one fastener is adapted to releasably couple the sheet portion to the sleeping pad [0090 “In step 227, a gathering seam 159 stitching the gathering means 122 to the free edges 128 and 129 of the side panels 124 and 125 and the other free edges of panels 123, 126 to join these and form a perimeter. … Alternatively, in step 227, a gathering seam 159 can stitch an elastic ribbon to the free edges of the side(s) at each corner to secure the lower layer assembly 120 to the mattress 9.”], the sheet position having a longitudinally extending length (see fig.10), the longitudinally extending length of the sheet portion being approximately equal to the longitudinal length of the sleeping pad [0083 “Side (head) panel 123 and side (foot) panel 126 are of an appropriate size and dimension corresponding to the head and foot sides of the mattress 9. Side panels 124 and 125 are of an appropriate size and dimension corresponding to the sides of the mattress 9 other than the head or foot dimensions.”]; a first lateral flap 103 fig.4 attached to the sheet portion, the first lateral flap including a first lateral edge and a first fastening disposed along the first lateral edge (see fig.4 & 5A); a second lateral flap 103 fig.4 attached to the sheet portion in a spaced relationship from the first lateral flap, the second lateral flap including a second lateral edge and a second fastening disposed along the second lateral edge (see fig.4 & 5A); wherein each of the first lateral flap and the second lateral flap have a longitudinally extending length less than the longitudinally extending length of the sheet portion (see fig.2).
However does not discloses a hood attached to the sheet portion, the hood including a transverse hood segment and a pair of lateral hood segments, wherein the first lateral flap is integrally formed with one of the lateral hood segments and the second lateral flap is integrally formed with the other one of the lateral hood segments.
Skroski teaches a bottom sheet 13, 18 fig.2 adapted to be secured to a sleeping pad 52 fig.5, the bottom sheet comprising: a sheet portion 13, 18, a pair of lateral flaps 14, 15 fig.2 connected to the sheet portion and a hood 17 fig.2 attached to the sheet portion, the hood including a transverse hood segment and a pair of lateral hood segments (see fig.2), wherein the first lateral flap is integrally formed with one of the lateral hood segments and the second lateral flap is integrally formed with the other one of the lateral hood segments (see fig.2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino and the sleeping bag Skroski having a hood and with a reasonable expectation of success arrived at a sleeping arrangement having a hood. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of enclosing the users head and preventing inadvertent movement as taught in Skroski [column 4 lines 15-20].
Re-Claim 14
Crispino as modified by Skroski above discloses,
Skroski discloses wherein the transverse hood segment of the hood can act as a pillow (the transverse hood segment is capable of being used as a pillow (see fig.1 & 3) Skroski).
Claim(s) 2, 3, 13 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crispino as modified by Skroski further in view of US Patent Publication US2007/0136946A1 hereinafter referred to as Haislip.
Re-claim 2
Crispino as modified by Skroski disclose the claimed apparatus however does not disclose wherein the sheet portion is constructed of a non-insulating material.
Haislip teaches a bottom sheet 10 fig.1 comprising: a sheet portion 10; a pair of lateral flaps (see fig.2 & 16, 17 fig.5) connected to the sheet portion and a hood 24 fig.1 & 2 wherein the sheet portion is constructed of a non-insulating material [0038 Haislip “The external shell 11 and the internal lining 12 are preferably made of 70-denier nylon, commonly known as single-ply taffeta…. The thickness of the yarn should be chosen to absorb body heat and quickly warm to body temperature, because the faster this warming occurs, the slower will be the rate of conductive heat loss from the body.”].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino as modified by Skroski and the sleeping bag of Haislip having a layered shell arrangement and with a reasonable expectation of success arrived at a sleeping bag having a layered shell arrangement. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing improved heating and warmth characteristics as taught in Haislip [0038-0040].
Re-Claim 3
Crispino as modified by Skroski and Haislip above discloses,
wherein each flap of the pair of lateral flaps is constructed of a thermally insulating material 13 fig.5 [0043] Haislip. “Even though insulation material 13 is described as a synthetic unbounded, silicone-coated continuous filament fiber, the multipurpose sleeping bag 10 can be made from any other suitable insulation filling.”
Re-claim 13
Crispino as modified by Skroski and Haislip above discloses,
Crispino as modified by Skroski disclose the claimed apparatus however does not disclose wherein the hood is constructed of thermally insulating material.
Haislip teaches a bottom sheet 10 fig.1 comprising: a sheet portion 10; a pair of lateral flaps (see fig.2 & 16, 17 fig.5) connected to the sheet portion and a hood 24 fig.1 & 2, wherein the hood is constructed of thermally insulating material 13 [0043] Haislip.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino as modified by Skroski and the sleeping bag of Haislip having a layered shell arrangement and with a reasonable expectation of success arrived at a sleeping bag having a layered shell arrangement. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing improved heating and warmth characteristics as taught in Haislip [0038-0040].
Re-Claim 16
Crispino as modified by Skroski and Haislip above discloses,
Crispino discloses a bottom sheet 101 fig.4 adapted to be secured to a sleeping pad 9 fig.29, the bottom sheet comprising: a sheet portion 123, 124,126, 127 gig.7/ 159 fig.10 configured for releasably coupling to the sleeping pad, the sheet portion having a longitudinally extending length; the longitudinally extending length of the sheet portion being approximately equal to the longitudinal length of the sleeping pad [0083 “Side (head) panel 123 and side (foot) panel 126 are of an appropriate size and dimension corresponding to the head and foot sides of the mattress 9. Side panels 124 and 125 are of an appropriate size and dimension corresponding to the sides of the mattress 9 other than the head or foot dimensions.”]; a first lateral flap 103 fig.4 attached to the sheet portion; a second lateral flap 103 fig.4 attached to the sheet portion in a spaced relationship from the first lateral flap; wherein each of the first lateral flap and the second lateral flap have a longitudinally extending length less than the longitudinally extending length of the sheet portion (see fig.2).
However does not disclose a hood attached to the sheet portion, the hood including a transverse hood segment and a pair of lateral hood segments, wherein the first lateral flap is integrally formed with one of the lateral hood segments and the second lateral flap is integrally formed with the other one of the lateral hood segments or a non-insulating sheet portion; a thermally insulating first lateral flap; a thermally insulating second lateral flap and a thermally insulating hood.
Skroski teaches a bottom sheet 13, 18 fig.2 adapted to be secured to a sleeping pad 52 fig.5, the bottom sheet comprising: a sheet portion 13, 18, a pair of lateral flaps 14, 15 fig.2 connected to the sheet portion and a hood 17 attached to the sheet portion, the hood including a transverse hood segment and a pair of lateral hood segments, wherein the first lateral flap is integrally formed with one of the lateral hood segments and the second lateral flap is integrally formed with the other one of the lateral hood segments (see fig.2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino and the sleeping bag Skroski having a hood and with a reasonable expectation of success arrived at a sleeping arrangement having a hood. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of enclosing the users head and preventing inadvertent movement as taught in Skroski [column 4 lines 15-20].
Haislip teaches a bottom sheet 10 fig.1 comprising: a non-insulating sheet portion 11; a thermally insulating first lateral flap 13, 16 fig.5; a thermally insulating second lateral flap 17, 13 fig.5 and a thermally insulating hood 24, 13 fig.3 & 5.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino and the sleeping bag of Haislip having a layered shell arrangement and with a reasonable expectation of success arrived at a sleeping bag having a layered shell arrangement. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing improved heating and warmth characteristics as taught in Haislip [0038-0040].
Re-Claim 18
Crispino as modified by Skroski and Haislip above discloses,
wherein the longitudinally extending length of the sheet portion 13, 18, 20 fig.2 Skroski/ see fig.5A Crispino is about twice the longitudinally extending length of each of the thermally insulating first lateral flap and the thermally insulating second lateral flap (see fig.5 Haislip & fig.2 Skroski).
Re-Claim 19
Crispino as modified by Skroski and Haislip above discloses,
combination with the sleeping pad 52 fig.4 & 5 Skroski/ 9 fig.30 Crispino.
Re-Claim 20
Crispino as modified by Skroski and Haislip above discloses,
combination with a top cover 20 fig.2 Skroski/102 fig.4 Crispino.
Re-Claim 21
Crispino as modified by Skroski and Haislip above discloses,
wherein the top cover is configured for selectively engagement with each of the thermally insulated first lateral flap and the thermally insulated second lateral flap (via zipper 24, 25 fig.1 & 2 Skroski/ 104 fig.5A Crispino).
Claim(s) 4-7 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crispino as modified by Skroski further in view of US Patent 4,790,040 hereinafter referred to as Grilliot.
Re-Claim 4
Crispino as modified by Skroski above discloses the claimed apparatus however does not disclose wherein each flap of the pair of lateral flaps is sewn to the sheet portion.
Grilliot teaches a sheet portion 34, 38 fig.6 and flap 16, 16a, 16b fig.2 wherein each flap of the pair of lateral flaps is sewn to the sheet portion (via seam 28 fig.2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino as modified by Skroski and the sleeping bag of Grilliot having panels sewn together and with a reasonable expectation of success arrived at a sleeping bag formed by sewing panels together. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of attaching the panels together to form the sleeping bag as taught in Grilliot [column 3 lines 14-22].
Re-Claim 5
Crispino as modified by Skroski and Grilliot above discloses,
wherein each flap of the pair of lateral flaps has a medial edge and a lateral edge, the distance between the medial edge (along slide 34 fig.2 where the sheet is attached to the flap Grilliot) and the lateral edge (along 20 fig.8 Grilliot) defining a flap width (see fig.6).
Re-Claim 6
Crispino as modified by Skroski and Grilliot above discloses,
wherein the width is equal to or greater than 4 inches [column 4 lines 18-22] Grilliot.
“Preferably, but not necessarily, the elongate body section 12 has a width dimension "W" which is at least three (3) feet, and a depth dimension "D" which is at least five and one-half (51/2) inches, as illustrated in FIG. 6.”
Re-Claim 7
Crispino as modified by Skroski and Grilliot above discloses,
wherein the lateral edge of each flap of the pair of lateral flaps includes a zipper element 24, 25 fig.2 [column 4 line 33-35] Skroski/ 19, 20 fig.8 Grilliot/ 104 Crispino.
“Cover 20 and foot sidewall 18 are releasably attached along each edge by zippers 24 and 25 to sidewalls 14 and 15, respectively.”
Re-Claim 9
Crispino as modified by Skroski and Grilliot above discloses,
Crispino as modified by Skroski above disclose the claimed apparatus however does not disclose wherein each flap of the pair of lateral flaps is sewn to the sheet portion.
Grilliot teaches a sheet portion 34, 38 fig.6 and flap 16, 16a, 16b fig.2 wherein each flap of the pair of lateral flaps is sewn to the sheet portion (via seam 28 fig.2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino as modified by Skroski and the sleeping bag of Grilliot having panels sewn together and with a reasonable expectation of success arrived at a sleeping bag formed by sewing panels together. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of attaching the panels together to form the sleeping bag as taught in Grilliot [column 3 lines 14-22].
Re-Claim 10
Crispino as modified by Skroski and Grilliot above discloses,
wherein each of the first lateral flap and the second lateral flap a medial edge the distance between the medial edge (along slide 34 fig.2 where the sheet is attached to the flap Grilliot) and the lateral edge (along 20 fig.8 Grilliot) defining a flap width (see fig.6).
Re-Claim 11
Crispino as modified by Skroski and Grilliot above discloses,
wherein the width is equal to or greater than 4 inches [column 4 lines 18-22] Grilliot.
Re-Claim 12
Crispino as modified by Skroski and Grilliot above discloses,
wherein each of the first fastener disposed along the first lateral edge is a zipper element 24, 25 fig.2 [column 4 line 33-35] Skroski/ 19, 20 fig.8 Grilliot/104 Crispino.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crispino as modified by Skroski further in view of US Patent Publication US2017/0020311A1 hereinafter referred to as Dubois.
Re-Claim 15
Crispino as modified by Skroski above discloses the claimed apparatus however does not disclose the bottom sheet in combination with a pillow positioned within the hood.
Dubois teaches a sheet portion 22 fig.7, a pair of flaps 17, 31 fig.7 and a hood 34 fig.7; wherein the bottom sheet is in combination with a pillow positioned within the hood [0031].
“The hood 34 is configured to receive a pillow and/or the head of the user.”
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the sleeping arrangement of Crispino as modified by Skroski and the sleeping bag of Dubois in combination with a pillow positioned within the hood and with a reasonable expectation of success arrived at a sleeping bag in combination with a pillow. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of supporting the head of the user as taught in Dubois [0031].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 and 18-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679