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 Objections
Claims 1 and 20 are objected to because of the following informalities:
Regarding claim 1, “pressure” should read “a pressure”.
Regarding claim 20, “the bolster” should read “a bolster”.
Appropriate correction is required.
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 1, 4, and 19 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 1 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. The examiner respectfully requests an amendment on the claim language used to describe the bolster system and bolster chamber within a cover, where the cover is configured to accept one or more bolsters.
Claim 1 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. The examiner respectfully requests clarification regarding where the floor pad pressure is configured to exert pressure, if the pressure is specifically applied to the perimeter of which the base chamber and bolster are connected.
Claim 4 recites the limitation "the edge" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the edge" in line 19. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-13 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Bullock (US20220039348A1).
Regarding claim 1,
Bullock teaches A furniture system comprising: a base comprising a base chamber in a cover configured to accept a floor pad (Bullock: FIG. 1 [0004] a foam cushion positioned on the bottom member of the lower bolster cover); a bolster comprising a bolster chamber in the cover configured to accept one or more bolsters (Bullock: FIG. 1 [0004] bolster where the bolster includes a lower bolster cover); wherein the base chamber and bolster chamber are attached at a perimeter (Bullock: FIG. 1 [0004] lower bolster cover may have a bottom member and a side member that extends from a perimeter of the bottom member), and wherein the floor pad is configured to exert pressure on the base chamber and the bolster chamber when installed in the base chamber (Bullock: FIG. 1 [0004] a foam cushion positioned on the bottom member of the lower bolster cover).
Regarding claim 2,
Bullock teaches The furniture system according to claim 1, wherein the floor pad comprises one or more layers of foam material (Bullock: FIG. 1 [0004] foam cushion may include an upper surface, a lower surface, a side surface extending from the upper surface to the lower surface, and a central opening extending through the upper and lower surfaces forming an interior perimeter surface).
Regarding claim 3,
Bullock teaches The furniture system according to claim 1, wherein the bolster chamber is attached along the entire perimeter of the base chamber (Bullock: FIG. 1 [0004] lower bolster cover may have a bottom member and a side member that extends from a perimeter of the bottom member).
Regarding claim 4,
Bullock teaches The furniture system according to claim 1, wherein the pressure exerted by the floor pad prevents the bolster chamber from sagging over the edge of the floor pad in the base chamber (Bullock: FIG. 1 [0025] The lower outer member 134 helps to secure the foam cushion 140 to pet bed 100 such that the foam cushion 140 provides support and shape to the lower portion of the support walls 114).
Regarding claim 5,
Bullock teaches The furniture system according to claim 1, wherein the filling level of the one or more bolsters is adjustable (Bullock: FIG. 7a [0026] The fiber-filled cushion 150 may have a central opening 158, and the foam cushion 140 may have a central opening 148. The central opening 158 of the fiber-filled cushion 150).
Regarding claim 6,
Bullock teaches The furniture system according to claim 1, further comprising a channel between the base and bolster (Bullock: FIG. 7a [0025] foam cushion 140 may be positioned on the bottom member 122 of the lower bolster cover 120).
Regarding claim 7,
Bullock teaches The furniture system according to claim 6, wherein the channel runs along an inner perimeter of the base and is configured to be accessible to a user positioned in the interior of the bolster on the base (Bullock: FIG. 7a [0004] a central opening 148 extending through the upper and lower surfaces 142, 144 forming an interior perimeter surface 149).
Regarding claim 8,
Bullock teaches The furniture system according to claim 1, wherein cover is provided with a non-skid surface on the bottom, underneath the floor pad (Bullock: FIG. 1 [0032] the bottom surface 122 may have coating formed from a molded rubber or elastomeric polymer material, such as ethylene vinyl acetate (EVA) or thermoplastic polyurethane (TPU)).
Regarding claim 9,
Bullock teaches The furniture system according to claim 1, wherein the bolster chamber is configured to be enclosed separately from the base chamber (Bullock: FIG. 1 [0004] lower bolster cover may have a bottom member and a side member that extends from a perimeter of the bottom member).
Regarding claim 10,
Bullock teaches The furniture system according to claim 9, wherein the bolster chamber is configured to be closed by one of buttons, snaps, zippers, or hook-and-loop fasteners (Bullock: FIG. 1 [0027] closure elements 126, 128, 135, 137 may be zippered elements, hook and loop elements, a plurality of snaps, buttons).
Regarding claim 11,
Bullock teaches The furniture system according to claim 1, wherein the base chamber is configured to be enclosed separately from the bolster chamber (Bullock: FIG. 1 [0004] lower bolster cover may have a bottom member and a side member that extends from a perimeter of the bottom member).
Regarding claim 12,
Bullock teaches The furniture system according to claim 11, wherein the base chamber is configured to be closed by one of buttons, snaps, zippers, or hook-and-loop fasteners (Bullock: FIG. 1 [0027] closure elements 126, 128, 135, 137 may be zippered elements, hook and loop elements, a plurality of snaps, buttons).
Regarding claim 13,
Bullock teaches The furniture system according to claim 1, wherein the bolster chamber is attached on top of the base chamber (Bullock: FIG. 1 [0023] The bolster 110 may have a central recess 112 that is surrounded by a plurality of support walls 114).
Regarding claim 18,
Bullock teaches The furniture system according to claim 1, wherein the one or more bolsters are filled with one or more of batting, poly-fil, down feathers, memory foam pieces, or Styrofoam beads (Bullock: FIG. 1 [0008] bolster foam…fiber filled cushion).
Regarding claim 19,
Bullock teaches A floor pillow structure comprising: a base floor pad (Bullock: FIG. 1 [0004] a foam cushion positioned on the bottom member of the lower bolster cover); and a perimeter bolster that is attached around an outer perimeter of the base floor pad (Bullock: FIG. 1 [0004] lower bolster cover may have a bottom member and a side member that extends from a perimeter of the bottom member), wherein the base floor pad is configured to provide tension on the perimeter bolster such that the perimeter bolster does not sag over the edge of the base floor pad (Bullock: FIG. 1 [0025] The lower outer member 134 helps to secure the foam cushion 140 to pet bed 100 such that the foam cushion 140 provides support and shape to the lower portion of the support walls 114).
Regarding claim 20,
Bullock teaches A method of retaining a bolster on a floor pillow structure comprising: attaching the bolster (Bullock: FIG. 1 [0008] bolster) to a base floor pad at an outer perimeter of a base floor pad (Bullock: FIG. 1 [0008] foam cushion positioned on the bottom member of the lower bolster) so that the bolster rests on top of the base floor pad, wherein the base floor pad is configured to provide tension on the bolster such that the bolster is prevented from sagging over a top edge of the base floor pad (Bullock: FIG. 1 [0025] lower outer member 134 helps to secure the foam cushion 140 to pet bed 100 such that the foam cushion 140 provides support and shape to the lower portion of the support walls 114).
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) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bullock (US20220039348A1) in view of Woolf (US20200315130A1).
Regarding claim 14,
Bullock teaches The furniture system according to claim 1.
Bullock does not teach further comprising one or more handles attached to a side of the cover.
Woolf teaches further comprising one or more handles attached to a side of the cover (Woolf: FIG. 1 [0138] strap secured to outer surface).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bullock in view of Bond directed to including handles on a furniture cover. A person having ordinary skill in the art would have been motivated to make this modification in order to provide ease of method of transportation for a furniture device (Woolf: [0138]).
Regarding claim 15,
Bullock and Woolf teach The furniture system according to claim 14, wherein the one or more handles are configured to be attached to one another (Woolf: FIG. 1 [0138] strap secured to outer surface).
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bullock (US20220039348A1) in view of Pelz (US20110290834A1).
Regarding claim 16,
Bullock teaches The furniture system according to claim 1.
Bullock does not teach further comprising one or more pockets attached to a side of the cover.
Pelz teaches further comprising one or more pockets attached to a side of the cover (Pelz: FIG. 1 [0006] configured with pockets and handles for transportation).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bullock in view of Pelz directed to including pockets on a furniture cover. A person having ordinary skill in the art would have been motivated to make this modification in order to provide ease of method of transportation for a furniture device (Pelz: [0006]).
Regarding claim 17,
Bullock teaches The furniture system according to claim 1.
Bullock does not teach wherein the furniture system is configured to be folded.
Pelz teaches wherein the furniture system is configured to be folded (Pelz: FIG. 1 [0004] one use of a fold up blanket is for a pet bed).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bullock in view of Pelz directed to folding the furniture cover and furniture. A person having ordinary skill in the art would have been motivated to make this modification in order to provide ease of laundering a furniture cover and storing (Pelz: [0006]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673