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 .
Election/Restrictions
Applicant's election with traverse of Species I, figs. 1-10, cls. 1-6, 15-22, in the reply filed on 11/24/2025 is acknowledged. The traversal is on the ground(s) that “at least because the Office has failed to articulate facts from which to conclude that a serious search and/or examination burden…”. This is not found persuasive because it fails to address the reasons set forth in the election requirement. See page 2.
The requirement is still deemed proper and is therefore made FINAL.
Claims 7-14 are withdrawn.
Remarks
This communication is in response to Application No. 18/757,225 filed on 11/24/2025.
Claims 1-6, 15-22 are currently pending and have been examined.
Drawings
The drawings are objected to because the figures are unfit for reproduction. See 37 CFR 1.84(l). In addition, the figures are replete with errors, e.g. figs. 5, 8, includes illegible/missing/broken leaderlines/callout numbers. This is not a comprehensive list of figures which include errors. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claim 1 “the one or more bases of the one or more elastic modules comprise one or more sliding paths” and “..the one or more elastic modules comprise one or more upper covers and one or more bases….” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
It is noted that the title includes typographical errors.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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.
Claims 1-6, 15-22 are 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 pre-AIA the applicant regards as the invention.
As to claim 1 the recitations which use “one or more… comprise one or more…” are indefinite as it is unclear what is required. For example, “the one or more bases of the one or more elastic modules comprise one or more sliding paths” or “..the one or more elastic modules comprise one or more upper covers and one or more bases….” These recitations set out alternatives but it is unclear if each subsequent feature applies to one alternative or both, therefore the metes and bounds of the claim are unclear. I.e. does an elastic module comprises one cover or more than one cover or one base or more than one base, or is more than one elastic module required for one base or more than one base etc.
Claims 1-6, 15-22 are rejected via dependency.
For the purpose of examination the following interpretations are used:
cl. 1 – “the one or more elastic modules each comprise [[one or more]] an upper cover[[s]] and [[one or more]] bases”;
cl. 1 – “the one or more bases of the one or more elastic modules each comprise one or more sliding paths”;
cl. 1 – “the plurality of mounting portions each comprise one or more mounting sliding rails and one or more positioning portions to enable the one or more elastic modules to be positioned at a mount position.”
As to claim 21, the recitation “a method for using the elastic mattress” is indefinite as “the elastic mattress” lacks antecedent basis.
NOTE: any prior art rejection provided below is made as best understood in view of the 35 U.S.C. 112(b) issues above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 3, 15, 21, 22, as best understood in view of the issues above, are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 2022/0346556, hereinafter D1.
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As to claim 1.
D1 discloses a spring connecting structure (e.g. fig. 38B), comprising:
a mounting rack (204 in fig. 38B), and
one or more elastic modules (elastic module 400), wherein:
the mounting rack (204) comprises one or more mounting frames (at least two 50 shown),
the one or more mounting frames (50) comprise (fig. 41) a plurality of longitudinal extending portions (52) and one or more connecting portions (53),
the one or more connecting portions (53) are disposed between the plurality of longitudinal extending portions (52) and disposed between the plurality of longitudinal extending portions and one or more side beams of the one or more mounting frames (referring to outer 52 indicated as 50a, 50b and opposing, unnumbered portions),
the one or more elastic modules (400) comprise one or more upper covers (402) and one or more bases (401),
the one or more upper covers are used as one or more supporting surfaces (this is a statement of intended use. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. MPEP 2114),
the one or more bases are used as one or more connecting ends to be connected to the one or more mounting frames (this is a statement of intended use. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. MPEP 2114),
the one or more bases of the one or more elastic modules comprise one or more sliding paths (fig. 42 shows base of 400 sliding in direction of arrow),
the plurality of longitudinal extending portions (52) comprise a plurality of mounting portions (portions of 52 engaging base of 400),
the plurality of mounting portions comprise one or more mounting sliding rails (as in fig. 42) and one or more positioning portions to enable the one or more elastic modules to be positioned at a mount position ([0123] where beams 52 form slide rails that only permit base of 400 to enter at 53),
a distance between two adjacent mounting sliding rails of the one or more mounting sliding rails on the mounting rack is greater than a size of a corresponding one of the one or more upper covers of the one or more elastic modules (due to conical shape and 401 is larger than top portion, see annotated figure 39), and
the one or more sliding paths (fig. 42 shows base of 400 sliding in direction of arrow) cooperate with and are positioned at the one or more mounting sliding rails to enable the one or more elastic modules to be detachably mounted on the one or more mounting frames (beams 52 form slide rails that only permit base of 400 to enter at 53).
As to claim 2.
D1 disclose the spring connecting structure according to claim 1, and further discloses wherein one or more sliding sections configured to cooperate with the one or more sliding paths are disposed on first ends of the one or more mounting sliding rails to enable the one or more sliding paths to be placed on the one or more sliding sections in a vertical direction and then slide horizontally into the one or more mounting sliding rails (this is shown in figs. 42-44; note the phrase “configured to” is typically used to connect structure to a function, similar to the word “for.” “Configured to” (for) usually means the structure can perform the function with no additional modification therefore this recitation is interpreted as a functional recitation. While features of an apparatus may be recited either structurally or functionally; apparatus claims cover what a device is, not what a device does. MPEP 2114. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference).
As to claim 3.
D1 discloses the spring connecting structure according to claim 2, and further discloses wherein the plurality of longitudinal extending portions (52) are strips extending longitudinally (as in fig. 43).
As to claim 15.
D1 discloses the spring connecting structure according to claim 1, and further discloses wherein: the one or more elastic modules (400) define inverted tapered shapes (below), and an area of each of the one or more upper covers (“top portion”) of the one or more elastic modules is larger than an area of a corresponding base (401) of the one or more bases of the one or more elastic modules (401 is larger in area than “top portion”).
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As to claim 21.
D1 discloses an elastic mattress (fig. 38B), wherein the elastic mattress comprises one or more of the spring connecting structures according to claim 1 (see explanation for claim 1).
As to claim 22.
D1 discloses a method for using the elastic mattress, comprising: using the elastic mattress according to claim 21 in a sofa, a bed mattress (see explanation for claim 21), or a soft package.
Allowable Subject Matter
Claims 4-6, 16-18 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 subject matter of claims 4, 16 and 19 are not taught or fairly suggest by the prior art.
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
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.
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, SPE 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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/J. T. Newton/ Primary Examiner, Art Unit 3673
Tuesday, January 13, 2026
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