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 .
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 27 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 27 recites the limitation “the receiving hole” in line 2. There is insufficient antecedent basis for this limitation in the claim.
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(s) 17-20, 22, 23, 26, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barman et al. (US 6128798), in view of Hawkins (US 2011/0067183 A1) and Bock et al. (US 2009/0014929 A1) (“Bock”).
With respect to claim 17, Barman discloses a furniture balancing pad for use with elastic modules (abstr.), comprising a pad body – element 14 - having a first pad surface and a second pad surface opposite the first pad surface in a thickness direction of the pad body, the first pad surface formed with a plurality of receiving holes extending towards the second pad surface in the thickness direction of the pad body (col. 1, lines 7-9, col. 2, lines 9-25, col. 3, lines 50-67, col. 4, lines 1-5, Fig. 1), each of the receiving holes configured to receive a portion of a corresponding elastic module – element 20 - of an elastic base pad – element 12 (col. 3, lines 50-67, col. 4, lines 1-5, Fig. 1).
The recitation “to restrict movement of the corresponding elastic module in a transverse direction of the pad body” is a recitation of intended use. Since the reference discloses the elements of the balancing pad it would be expected that the pad according to the reference is capable to perform as intended.
Barman is silent with respect to the second pad surface being provided with a vent structure. Hawkins discloses a furniture balancing pad (0002, 0072), comprising a pad body – element 22 – and an elastic base, wherein a second surface of the pad body is provided with a vent structure (0004, 0013, 0093-0096, 0149-0151, Figs. 1, 2, and 7). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the second pad surface of Barman with a vent structure for ventilation of the balancing pad and the elastic base.
Barman and Hawkins are silent regarding the first pad surface being formed with a plurality of sleeves as recited in the claim. Bock discloses an elastic module for a mattress (abstr., 0002), wherein a sleeve – element 36 - surrounds a receiving hole and projects from an opening edge of the receiving hole, such that the receiving hole comprises an inner space of the corresponding sleeve, wherein the elastic module is inserted in the sleeve, resulting in a stable arrangement between the elastic module and a supporting structure (0175, Fig. 13). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first pad surface of Barman with a plurality of sleeves surrounding the receiving holes respectively and projecting from an opening edge of the respective receiving holes, such that each of the receiving holes comprises an inner space of a corresponding sleeve to ensure a stable arrangement between the elastic module and the first pad surface.
Regarding claim 18, Barman, Hawkins and Bock teach the pad of claim 17. Hawkins discloses the vent structure comprising a plurality of protrusion protruding from the second pad surface, the plurality of protrusions being spaced apart and forming interconnecting vent spaces (0093, 0094, Figs. 2 and 7).
As to claim 19, Barman, Hawkins and Bock teach the pad of claim 18. Hawkins discloses the plurality of protrusions include a plurality of first protrusions (Fig. 2). As discussed above with respect to claim 17, the second pad surface of Barman includes a vent structure for ventilation of the balancing pad and the elastic base, thus in an axial direction of the receiving holes, each of the plurality of first protrusions would correspond to a corresponding receiving hole of the plurality of receiving holes and form a top wall of the receiving hole (Barman, Fig. 1, Hawkins, Fig. 2).
With respect to claim 20, Barman, Hawkins and Bock teach the pad of claim 17. Barman discloses that each receiving hole comprises a top wall (Fig. 1). As the second pad surface would be provided with a vent structure, as discussed above with respect to claim 17, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the top wall of each receiving hole is formed with at least one vent hole communicating with the receiving holes for ventilation of the balancing pad and the elastic base - Hawkins discloses a furniture balancing pad – (0002, 0072) - comprising a pad body – element 22 – and an elastic base, wherein a second surface of the pad body is provided with a vent structure (0004, 0013, 0093-0096, 0149-0151, Figs. 1, 2, and 7).
Regarding claim 22, Barman, Hawkins and Bock teach the pad of claim 18. Hawkins discloses the plurality of protrusions comprise a plurality of second protrusions arranged apart from each other, wherein each of the plurality of second protrusions is surrounded by multiple of first protrusions, and each of the plurality of first protrusions is surrounded by multiple of the second protrusions – implied in Hawkins, Fig. 2.
As to claim 23, Barman, Hawkins and Bock teach the pad of claim 22. Hawkins discloses the second protrusions comprise tapered extensions extending towards gaps formed among adjacent first protrusions, such that an outer peripheral surface of each of the second protrusions comprises a mating segment having a shape matching an outer peripheral surface of a portion of the first protrusion (Figs. 2 and 9).
With respect to claim 26, Barman, Hawkins and Bock teach the pad of claim 17. Barman teaches the pad body is an elastic body (col. 4, lines 10-12).
Regarding claim 27, Barman, Hawkins and Bock teach the pad of claim 17. Barman discloses an inner dimension of the receiving hole – element 18 - increases in a direction from a bottom to an opening of the receiving hole (col. 5, lines 7-13, Fig. 5).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barman, in view of Hawkins and Bock, and further in view of Losio et al. (US 2014/0302271 A1) (“Losio”) and Marshall (US 2017/0208961 A1).
With respect to claim 21, Barman, Hawkins and Bock teach the pad of claim 20, but are silent with respect to an outer surface of the top wall being provided with a gel pad which is formed with at least one vent opening communicating with the at least one vent hole.
Losio discloses a gel pad for use with mattresses to be used as a support for the body of a user of the mattress (abstr., 0026), thus it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide a gel pad on the outer surface of the top wall of the pad of Barman, Hawkins and Bock for support. The references are silent with respect to the gel pad being formed with at least one vent opening communicating with the at least one vent hole.
Marshall discloses a mattress including two mattress pads, wherein vent openings in the upper pad corresponding to the gel pad are formed communicating with the vent hole of the bottom pad for ventilation (abstr., 0037-0041). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the gel pad of Losio with at least one vent opening communicating with the at least one vent hole in the pad of Barman, Hawkins and Bock in order to provide ventilation to the pad.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barman, in view of Hawkins and Bock, and further in view of Losio et al. (US 2014/0302271 A1) (“Losio”).
With respect to claim 24, Barman, Hawkins and Bock teach the pad of claim 19, but are silent regarding a gel pad as recited in the claim. Losio discloses a gel pad for use with mattresses to be used as a support for the body of a user of the mattress (abstr., 0026). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide a gel pad on the outside top surface of each of the plurality of protrusions of the pad of Barman, Hawkins and Bock for support.
Regarding claim 25, Barman, Hawkins, Bock and Losio teach the pad of claim 24. Losio discloses an outer surface of the gel pad is formed with a vent groove which extends to an edge of the gel pad and communicates with the vent spaces (0077-0080, Fig. 1).
Claim(s) 29-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barman et al. (US 6128798), in view of Hawkins (US 2011/0067183 A1) and Bock et al. (US 2009/0014929 A1) (“Bock”).
With respect to claim 29, Barman discloses an elastic pad comprising an elastic base – element 12 (col. 3, lines 50-67, col. 4, lines 10-12), and a balancing pad wherein the balancing pad is laid over the elastic base pad (Fig. 1), wherein a plurality of elastic modules is received and located within a corresponding one of the plurality of receiving holes (col. 3, lines 50-67, Fig. 1), wherein the balancing pad comprises a pad body – element 14 - having a first pad surface and a second pad surface opposite the first pad surface in a thickness direction of the pad body, the first pad surface formed with a plurality of receiving holes extending towards the second pad surface in the thickness direction of the pad body (col. 1, lines 7-9, col. 2, lines 9-25, col. 3, lines 50-67, col. 4, lines 1-5, Fig. 1), each of the receiving holes configured to receive a portion of a corresponding elastic module – element 20 - of an elastic base pad – element 12 (col. 3, lines 50-67, col. 4, lines 1-5, Fig. 1).
The recitation “to restrict movement of the corresponding elastic module in a transverse direction of the pad body” is a recitation of intended use. Since the reference discloses the elements of the balancing pad it would be expected that the pad according to the reference is capable to perform as intended.
Barman is silent with respect to the second pad surface being provided with a vent structure. Hawkins discloses a furniture balancing pad – (0002, 0072), comprising a pad body – element 22 – and an elastic base, wherein a second surface of the pad body is provided with a vent structure (0004, 0013, 0093-0096, 0149-0151, Figs. 1, 2, and 7). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the second pad surface of Barman with a vent structure for ventilation of the balancing pad and the elastic base.
Barman and Hawkins are silent regarding the first pad surface being formed with a plurality of sleeves as recited in claim 17. Bock discloses an elastic module for a mattress (abstr., 0002), wherein a sleeve – element 36 - surrounds a receiving hole and projects from an opening edge of the receiving hole, such that the receiving hole comprises an inner space of the corresponding sleeve, wherein the elastic module is inserted in the sleeve, resulting in a stable arrangement between the elastic module and a supporting structure (0175, Fig. 13). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first pad surface of Barman with a plurality of sleeves surrounding the receiving holes respectively and projecting from an opening edge of the respective receiving holes, such that each of the receiving holes comprises an inner space of a corresponding sleeve to ensure a stable arrangement between the elastic module and the first pad surface.
The recitation “wherein the plurality of receiving holes can restrict movements of the plurality of elastic modules in a transverse direction” is a recitation of intended use. Since the references teach all the elements of the balancing pad it would be expected that the pad according to the references is capable to perform as intended.
Regarding claim 30, Barman, Hawkins and Bock teach the elastic pad of claim 29. Barman discloses each elastic module has a truncated conical shape and is fit within one of the receiving holes (Fig. 5).
With respect to claim 31, Barman, Hawkins and Bock teach the elastic pad of claim 30. Barman discloses the elastic pad comprises an outer cover – element 30 – covering the balancing pad and wrapping the balancing pad and at least a portion of the elastic base pad (col. 5, lines 17-19, Fig 5)
Regarding claim 32, Barman, Hawkins and Bock teach the elastic pad of claim 29. Barman discloses an article of furniture comprising the elastic pad (col. 1, lines 7-9).
Response to Arguments
Applicant’s arguments filed on Feb. 12, 2026 have been fully considered.
In view of the recent amendment 35 USC 112(b) rejections of claims 19, 20, 22, 23, 25, 29, and 32 have been withdrawn.
The Applicant discussed the reference of Bock which was cited in the prior rejection of claim 28, the subject matter of which has been incorporated into claim 17. The Applicant argued that the function of the top plate 32 of Bock is different from the claimed balancing pad, and the sleeve-shaped body 36 is not formed in the top plate 32, and thus, the combination of Barman, Hawkins and Bock do not render the amended claim 17 obvious. The Examiner notes Bock’s structure is used in mattresses (0001, 0002); the supporting structure 33 accommodates the elastic module within a receiving hole, sleeve 36 surrounds the receiving hole, the elastic module being inserted into the sleeve, resulting in a stable arrangement between the elastic module and the supporting structure (0174, 0175, 0176). In Barman the pad body – element 14 – and the elastic base – element 12 - correspond to each other (Fig. 1), as do holes in both elements 12 and 14, the holes comprising elastic modules, thus, the supporting structure 33 of Bock has been interpreted as corresponding to the pad body comprising an exemplary hole (Fig. 13), comprising an elastic module, wherein element 36 corresponds to the sleeve, as discussed above.
Information Disclosure Statement
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOANNA PLESZCZYNSKA whose telephone number is (571)270-1617. The examiner can normally be reached M-F ~ 11:30-8.
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/Joanna Pleszczynska/
Primary Examiner, Art Unit 1783