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 .
Allowable Subject Matter
Claims 4-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Leng WO 2021/073595 A1 reference (discussed in greater depth infra), which is the prior art closest to Applicant’s claimed invention, and there would be no obvious reason to modify Leng to the extent necessary to satisfy each of Applicant’s pertinent limitations.
With respect to claim 4 (and claims 5-8 depending therefrom), the provision of a hinged “connection portion” allowing two adjacent spring supporting frames to pivot around the hinged connection and thereby pivot about each other in the manner shown in Applicants’ fig. 7 is not disclosed within the Leng reference, and providing such a hinged assembly to Leng’s specific construction disclosed within the applied reference would likely interfere with the ability of the respective spring assemblies to continue to function in the specific manner discussed within Leng’s disclosure, and to smoothly slide into and out of the mounting rack 500 assembly as desired.
In view of the foregoing, the modifications necessary to satisfy each of Applicant’s claim limitations would be likely to render the cited Leng assembly incapable of continuing to operate/behave in the particular manner set forth within the reference itself (given the particularly sensitive nature of such mattress spring assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 9-14 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021/073595 A1 to Leng (“Leng”)- later published as U.S. Patent Application Publication No. 2023/0248156. Note that all citations within Leng herein shall refer to the American publication.
Regarding claim 1, Leng anticipates an elastic module (e.g. plurality of spring modules 300, together, as shown in fig. 11B) with a supporting area (e.g. upper surface, as shown in fig. 11B), comprising: i) a plurality (fig. 11B) of spring supporting (figs. 10A-D and 11B) frames (e.g. spring modules 300, individually, as shown in figs. 10A-D and 11B), and ii) a plurality (fig. 11B) of tapered (figs. 10A-D and 11B) springs (e.g. conical spring 110, as shown in figs. 10A-D and 11B), wherein: a) the plurality (fig. 11B) of spring supporting frames (300, individually) are configured to support and secure (figs. 10A-B and 11B, and para. 286) the plurality (fig. 11B) of tapered springs (110), b) the plurality of spring supporting frames (300, individually) comprise a plurality (fig. 11B) of lower (compare figs. 11B and 10A) seats (e.g. end cover 322, as shown in fig. 10A) and a plurality (fig. 11B) of upper (compare figs. 11B and 10A) covers (e.g. base 321, as shown in fig. 10A), c) the plurality of tapered springs (110) are defined between (figs. 10A-B and 11B) the plurality of upper covers (321) and the plurality of lower seats (322), d) the plurality of tapered springs (110) comprise first ends (e.g. ends abutting bases 321, as shown in figs. 10A-B and 11B) and second ends (e.g. ends abutting end covers 322, as shown in figs. 10A-B and 11B), e) sizes of the first ends (aforementioned ends abutting bases 321) are respectively larger than (compare figs. 10A-B and 11B) sizes of second ends (aforementioned ends abutting end covers 322), f) the first ends (aforementioned ends abutting bases 321) of the plurality of tapered springs (110) are disposed on (compare figs. 10A-B and 11B) the plurality of upper covers (321), g) the plurality of upper covers (321) are connected to one another (e.g. via mounting rack 500, as shown in figs. 8 and 11A, and discussed at para. 288) to form (compare figs. 8 and 11B) the elastic module (aforementioned plurality of spring modules 300, together, as shown in fig. 11B), h) a connection (via aforementioned mounting rack 500) between (compare figs. 8 and 11A) the plurality of upper covers (321) is a flexible connection (para. 283), and j) a plurality (fig. 10A) of flexible straps (323, as shown in fig 10A) are spaced apart from one another (fig. 10A) and evenly disposed between (fig. 10A) each of the plurality of upper covers (321) and a corresponding one of the plurality of lower seats (322), and k) when the plurality of tapered springs (110) are maintained between (figs. 10A-B and 11B) the plurality of lower seats (322) and the plurality of upper covers (321), each of the plurality of flexible straps (323) is located on an outer side (figs. 10A-B and 11B)) of a corresponding one of the plurality of tapered springs (110).
Regarding claim 2, Leng anticipates the elastic module with the supporting area according to claim 1, wherein: i) the plurality of upper covers (321; compare figs. 10A and 11B) are rectangular shapes (note the generally 4-sided shaping shown in fig. 10A, and see claim 27), and ii) the plurality of lower seats (322; compare figs. 10A and 11B) are circular shapes (note the circular shaping shown in fig. 10A).
Regarding claim 3, Leng anticipates the elastic module with the supporting area according to claim 1, wherein: i) two adjacent spring supporting frames (300) of the plurality (fig. 11B) of spring supporting frames (aforementioned spring modules 300, individually) are configured to be rotated (see fig. 8; per para. 109 and 283, each connector 520 shown in figs. 8-9 is flexible in nature; as such, neighboring bases 321 of the respective spring modules 300 disposed upon mounting rack 500 will be able to rotate at least minimally with respect to each other) around a connection (e.g. connector 520, as shown in figs. 8 and 9B) of two adjacent upper covers (321) of the plurality (fig. 11B) of upper covers (321) corresponding to the two adjacent spring supporting frames (300) in a horizontal direction (as indicated supra, per para. 109 and 283, each connector 520 shown in figs. 8-9 is flexible in nature; as such, neighboring bases 321 of the respective spring modules 300 disposed upon mounting rack 500 will be able to rotate at least minimally with respect to each other in a horizontal direction).
Regarding claim 9, Leng anticipates the elastic module with the supporting area according to claim 1, wherein: the plurality of lower seats (322) have module mounting members (e.g. slideways 328, together, as shown in fig. 10B) for detachably mounting (para. 288 and para. 11B) the elastic module (aforementioned plurality of spring modules 300, together) to a mounting frame (e.g. mounting rack 500, as shown in fig. 11B) of an elastic mattress (para. 8).
Regarding claim 10, Leng anticipates the elastic module with the supporting area according to claim 9, wherein: the module mounting members (slideways 328, together) comprise at least two (fig. 10B) sliding paths (e.g. slideways 328, individually) being parallel to each other (figs. 10A-B) and disposed on bottom surfaces (compare fig. 11B and figs. 10A-B) of the plurality of lower seats (322) to enable the plurality of lower seats (322) to be slidably mounted to (para. 288 and fig. 11B) the mounting frame (500) of the elastic mattress (para. 8) through (fig. 11B) the at least two sliding paths (aforementioned slideways 328, individually).
Regarding claim 11, Leng anticipates the elastic module with the supporting area according to claim 10, wherein: i) each of the at least two sliding paths (aforementioned slideways 328, individually) comprise two sliding rails parallel to each other (compare figs. 10B and 11B), ii) each of the two sliding rails (aforementioned slideways 328, individually) comprise two first portions (e.g. vertically downward-extending portions, as shown in fig. 11B) extending outward in a vertical direction from the bottom surfaces (fig. 11B) of the plurality of lower seats (322) and two second portions (e.g. horizontal portions extending from aforementioned vertically downward-extending portions, as shown in fig. 11B) extending in a horizontal direction from distal ends (fig. 11B) of the two first portions (aforementioned vertically downward-extending portions), and iii) the two second portions (aforementioned horizontal portions) of the two sliding rails (aforementioned slideways 328, individually) oppositely extend inwardly (e.g. inwardly toward the first transverse projections 512 with which they engage, as shown in fig. 11B).
Regarding claim 12, Leng anticipates the elastic module with the supporting area according to claim 1, wherein: the plurality of lower seats (322) have positioning holes (e.g. insertion slots formed by slideaways 328, as shown in fig. 10B) for installation and positioning (fig. 11B) of the elastic module (aforementioned plurality of spring modules 300).
Regarding claim 13, Leng anticipates the elastic module with the supporting area according to claim 1, wherein: i) the plurality of upper covers (321) comprise one or more spring mount members (e.g. interior channel within opening 3211, as shown in fig. 10A) for fixing (fig. 10A) the first ends (aforementioned ends abutting bases 321) of the plurality of tapered springs (110), and ii) the second ends (aforementioned ends abutting end covers 322) of the plurality of tapered springs (110) are opposite to (figs. 10A-B) the first ends (aforementioned ends abutting bases 321), are fixed to (at least indirectly, as shown in fig. 10A) the one or more spring mount members (aforementioned interior channel within opening 3211), and abut (fig. 10A) the plurality of lower seats (322).
Regarding claim 14, Leng anticipates the elastic module with the supporting area according to claim 13, wherein: i) the plurality of upper covers (321) comprise one or more circular openings (e.g. opening 3211, as shown in fig. 10A), ii) the one or more spring mount members (aforementioned interior channel within opening 3211) are separately disposed on peripheries (fig. 10A) of the one or more circular openings (3211) of the plurality of upper covers (321), and iii) end rings (fig. 10A) of the first ends (aforementioned ends abutting bases 321) of the plurality of tapered springs (110) are fixed to (fig. 10A) the one or more spring mount members (aforementioned interior channel within opening 3211).
Regarding claim 16, Leng anticipates the elastic module with the supporting area according to claim 1, wherein the plurality of tapered springs (110) are installed in (figs. 10A-B and 11A-B) the plurality of spring supporting frames (300) with a preset initial compression force (figs. 10A-B and 11A-B).
Regarding claim 17, Leng anticipates an elastic mattress (para. 8), comprising: i) one or more of the elastic module (aforementioned plurality of spring modules 300, together) according to claim 1, wherein: a) the one or more of the elastic module (aforementioned plurality of spring modules 300, together) are detachably mounted on (fig. 8 and para. 13) a mounting frame (e.g. mounting rack 500, as shown in figs. 8 and 11B) of the elastic mattress (para. 8).
Regarding claim 18, Leng anticipates an elastic module (e.g. plurality of spring modules 300, together, as shown in fig. 11B) with a supporting area (e.g. upper surface, as shown in fig. 11B), comprising: i) a plurality (fig. 11B) of spring supporting (figs. 10A-D and 11B) frames (e.g. spring modules 300, individually, as shown in figs. 10A-D and 11B), and ii) a plurality (fig. 11B) of tapered (figs. 10A-D and 11B) springs (e.g. conical spring 110, as shown in figs. 10A-D and 11B), wherein: a) the plurality (fig. 11B) of spring supporting frames (300, individually) are configured to support and secure (figs. 10A-B and 11B, and para. 286) the plurality (fig. 11B) of tapered springs (110), b) the plurality of spring supporting frames (300, individually) comprise a plurality (fig. 11B) of lower (compare figs. 11B and 10A) seats (e.g. end cover 322, as shown in fig. 10A) and a plurality (fig. 11B) of upper (compare figs. 11B and 10A) covers (e.g. base 321, as shown in fig. 10A), c) the plurality of tapered springs (110) are defined between (figs. 10A-B and 11B) the plurality of upper covers (321) and the plurality of lower seats (322), d) the plurality of tapered springs (110) comprise first ends (e.g. ends abutting bases 321, as shown in figs. 10A-B and 11B) and second ends (e.g. ends abutting end covers 322, as shown in figs. 10A-B and 11B), e) sizes of the first ends (aforementioned ends abutting bases 321) are respectively larger than (compare figs. 10A-B and 11B) sizes of second ends (aforementioned ends abutting end covers 322), f) the first ends (aforementioned ends abutting bases 321) of the plurality of tapered springs (110) are disposed on (compare figs. 10A-B and 11B) the plurality of upper covers (321), g) the plurality of upper covers (321) are connected to one another (e.g. via mounting rack 500, as shown in figs. 8 and 11A, and discussed at para. 288) to form (compare figs. 8 and 11B) the elastic module (aforementioned plurality of spring modules 300, together, as shown in fig. 11B), h) a connection (via aforementioned mounting rack 500) between (compare figs. 8 and 11A) the plurality of upper covers (321) is a flexible connection (para. 283), and j) the plurality of lower seats (322) have (compare figs. 10A-B) module mounting members (e.g. slideways 328, as shown in fig. 10B) for detachably mounting (fig. 11B) the elastic module (aforementioned plurality of spring modules 300, together) to a mounting frame (e.g. mounting rack 500, as shown in fig. 11B) of an elastic mattress (para. 8).
Regarding claim 19, Leng anticipates an elastic module (e.g. plurality of spring modules 300, together, as shown in fig. 11B) with a supporting area (e.g. upper surface, as shown in fig. 11B), comprising: i) a plurality (fig. 11B) of spring supporting (figs. 10A-D and 11B) frames (e.g. spring modules 300, individually, as shown in figs. 10A-D and 11B), and ii) a plurality (fig. 11B) of tapered (figs. 10A-D and 11B) springs (e.g. conical spring 110, as shown in figs. 10A-D and 11B), wherein: a) the plurality (fig. 11B) of spring supporting frames (300, individually) are configured to support and secure (figs. 10A-B and 11B, and para. 286) the plurality (fig. 11B) of tapered springs (110), b) the plurality of spring supporting frames (300, individually) comprise a plurality (fig. 11B) of lower (compare figs. 11B and 10A) seats (e.g. end cover 322, as shown in fig. 10A) and a plurality (fig. 11B) of upper (compare figs. 11B and 10A) covers (e.g. base 321, as shown in fig. 10A), c) the plurality of tapered springs (110) are defined between (figs. 10A-B and 11B) the plurality of upper covers (321) and the plurality of lower seats (322), d) the plurality of tapered springs (110) comprise first ends (e.g. ends abutting bases 321, as shown in figs. 10A-B and 11B) and second ends (e.g. ends abutting end covers 322, as shown in figs. 10A-B and 11B), e) sizes of the first ends (aforementioned ends abutting bases 321) are respectively larger than (compare figs. 10A-B and 11B) sizes of second ends (aforementioned ends abutting end covers 322), f) the first ends (aforementioned ends abutting bases 321) of the plurality of tapered springs (110) are disposed on (compare figs. 10A-B and 11B) the plurality of upper covers (321), g) the plurality of upper covers (321) are connected to one another (e.g. via mounting rack 500, as shown in figs. 8 and 11A, and discussed at para. 288) to form (compare figs. 8 and 11B) the elastic module (aforementioned plurality of spring modules 300, together, as shown in fig. 11B), h) a connection (via aforementioned mounting rack 500) between (compare figs. 8 and 11A) the plurality of upper covers (321) is a flexible connection (para. 283), and j) two adjacent spring supporting frames (300) of the plurality (fig. 11B) of spring supporting frames (aforementioned spring modules 300, individually) are configured to be rotated (see fig. 8; per para. 109 and 283, each connector 520 shown in figs. 8-9 is flexible in nature; as such, neighboring bases 321 of the respective spring modules 300 disposed upon mounting rack 500 will be able to rotate at least minimally with respect to each other) around a connection (e.g. connector 520, as shown in figs. 8 and 9B) of two adjacent upper covers (321) of the plurality (fig. 11B) of upper covers (321) corresponding to the two adjacent spring supporting frames (300) in a horizontal direction (as indicated supra, per para. 109 and 283, each connector 520 shown in figs. 8-9 is flexible in nature; as such, neighboring bases 321 of the respective spring modules 300 disposed upon mounting rack 500 will be able to rotate at least minimally with respect to each other in a horizontal direction).
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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Leng.
Regarding claim 15, Leng fig. 10A discloses the elastic module with the supporting area according to claim 14, but does not disclose wherein: i) the one or more spring mount members (aforementioned interior channel within opening 3211) are configured as one or more buckle plates bending downward and being evenly and separately disposed on the peripheries of the one or more circular openings (3211), and ii) rear surfaces of the one or more buckle plates form one or more buckle grooves for buckling to the end rings of the first ends (aforementioned ends abutting bases 321) of the plurality of tapered springs (110).
However, the Leng fig. 14B embodiment teaches the concept of providing: i) one or more buckle plates (e.g. spring fixing parts 52212, as shown in fig. 14B) bending and being evenly and separately disposed on a periphery of a circular opening (fig. 14B); and ii) rear surfaces of the one more buckle plates (52212) forming one or more buckle grooves (fig. 14B) for buckling to an end ring (e.g. lowermost portion of conical spring 110, as shown in fig. 14B) of a first end (e.g. lower end, as shown in fig. 14B) of a tapered spring (110).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date to apply the Leng fig. 14B spring fixing part 52212 teachings to the periphery of the fig. 10A opening 3211, in order to provide the benefit of yielding a resultant fig. 10A assembly that is better able to firmly and securely retain the spring 110 contained therein.
Response to Arguments
In response to Applicant’s amendments to claim language, a further search of the pertinent areas of prior art was executed. Within said search, the above cited Leng reference was identified. As such, Applicant’s arguments 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
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 JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637