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 .
Remarks
This communication is in response to the reply filed on 10/28/2025.
Claims 19-34 are currently pending and have been examined.
The claim objection is moot and withdrawn.
The rejection of claim 31 under 35 USC 112 is withdrawn.
The Double Patenting rejection is maintained.
The 35 USC 102 rejection is withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious1 over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 19-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over at least claims 1 and 7 of U.S. Patent No. 12,239,231 to Anderson et al. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim requirements of claims 19-25 of the instant application are non-obvious in view of at least claims 1 and 7 of U.S. Patent No. 12,239,231.
Instant application
US 12,239,231 B2
19. (New) An elastic support module comprising:
a plurality of elastic support strips each having a first end and a second end;
the first ends of the elastic support strips are detachably attached to a base and circumferentially spaced apart on the base; and
the second ends of the elastic support strips are attached to each other by a connecting member, to form an elastic support frame.
1. A spring module for making a furniture spring cushion, comprising:
an entirely frustoconical spring; and
a spring bracket configured to accommodate the frustoconical spring therein, the spring bracket comprising:
a square base;
a first end of the frustoconical spring fixed to a spring fixing part on the square base;
an end cover arranged opposite to the base abutting a second end of the frustoconical spring, the second end having a smaller diameter than the first end, the frustoconical spring tapering inwardly uniformly from the square base to the end cover;
a plurality of spaced apart flexible straps, each flexible strap having ends fixedly connected to the base and the end cover respectively, and each flexible strap contacting an outer circumference of each coil of the frustoconical spring;
locking structures arranged on four sides of the base; and
each locking structure including a projection and a recess, to allow each locking structure to engage with a locking structure of an adjacent spring module, with the projection captive in the recess.
20. (New) The elastic support module of claim 19, wherein the connecting member forms a support plane vertically above the base.
See cl. 1
21. (New) The elastic support module of claim 19, wherein the connecting member comprises a top cover, and the second ends of the elastic support strips are circumferentially spaced apart around a perimeter of the top cover.
See cl. 1 and claim 7:
7. The spring module of claim 1, wherein four flexible straps spaced apart from each other are evenly spaced apart around a periphery of the end cover
22. (New) The elastic support module of claim 21, wherein the second end of each elastic support strip includes a tab having an elastic snap, the top cover has a plurality of circumferentially spaced apart snapping edges and a connecting bayonet on each snapping edge, each elastic snap configured to be pressed into one of the connecting bayonets.
See cl. 1
23. (New) The elastic support module of claim 19, wherein the elastic support strips extend towards each other from the base towards the connecting member to form a frustoconical shape.
cl. 1
24. (New) The elastic support module of claim 19, wherein each elastic support strip has a convex outer surface.
See cl. 1
25. (New) The elastic support module of claim 19, further including a base connecting tab on the first end of each elastic support strip, and a base elastic snap on each base connecting tab; and a plurality of circumferentially spaced apart base connection bayonets on the base; each base side elastic snap configured to be pressed into one of the base connection bayonets.
cl. 1 last clause
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,239,231, hereinafter ‘231.
As to claim 19, ‘231 discloses all the claimed elements (see the table above) but does not disclose the support strips (flexible straps in ‘231) are detachable. However, ‘231 does disclose the use of hooks (fig. 35A 1232e, 1233e) at either end of flexible strap (1231e) and teaches the use of the hooks provides the ability for removal of the strap (col. 34, ln. 45+).
An invention is obvious where some teaching, suggestion, or motivation in the prior art would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. It would be obvious to one of ordinary skill in the art to use the detachable feature of ‘231 for the purpose of providing the known ability to remove the straps.
Claims 20-25 are rejected as above via dependency.
Allowable Subject Matter
Claim 26 is 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.
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.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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/J. T. Newton/Primary Examiner, Art Unit 3673 16 January 2026