DETAILED ACTION
This office action is in response to the application filed on 7/9/20204. Claims 1-22 are pending. Claims 1-22 are rejected.
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 .
Restriction/Election
Applicant's election with traverse of the restriction requirement in the reply filed on 1/29/26 is acknowledged. Applicant argues on pages 3-4 of remarks that the cited separate inventions have not acquired a separate status in the art and consequently that there would be no unreasonable or excessive search burden. Applicant’s arguments have been found to be persuasive and the restriction requirement is withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 120, 122.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
CONCLUSION.--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 13-19 and 22 are rejected under 35 U.S.C. 112(b). Claims 13 and 22 recite the limitation "the fastener." There is insufficient antecedent basis for this limitation in the claim because there is no prior recitation of “a fastener.” Appropriate correction is required.
In view of the above rejections the respective claims are rejected as best understood on prior art as follows:
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
Claims 1-5, and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 8,973,183 to Palashewski et al. (“Palashewski”) in view of US Patent 2,689,961 to Lieberthal.
Claim 1. An article of bedding comprising: a first section (Palashewski, Fig. 14, #328); a second section (Palashewski, Fig. 14, #320) extending from the first section; a third section (Palashewski, Fig. 14, #322) extending from the first section such that the third section is laterally adjacent to the second section; a first member (Palashewski, Fig. 15, #340) projecting laterally from the second section toward the third section; a second member (Palashewski, Fig. 15, #342) projecting laterally from the third section toward the second section; and a junction (as best understood, a “junction” is a reinforcement patch seen at Applicant’s Fig. 9, #84; Palashewski doesn’t teach a reinforcement patch, however, the use of a reinforcement patch at a connection point is well known in the art of bedding, as taught by Lieberthal Fig. 5, #10; 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 reinforcement patch since Palashewski discloses in column 24, line 48 to column 25, line 4 that this point is susceptible to increased stress and potential damage; providing a reinforcement patch as taught by Lieberthal would help to prevent such damage) joining the sections and the members, wherein edges of the members are joined such that the first member does not overlay any portion of the second member (compare Applicant’s Fig. 9 with Palashewski Fig. 14 which discloses comparable structures; additionally see Lieberthal Figs. 2 and 5 which teaches a configuration with a reinforcement patch in which the sides #9 do not overlay one another)
Claim 2. The article of bedding recited in claim 1, wherein the junction includes a patch (Lieberthal Fig. 5, #10).
Claim 3. The article of bedding recited in claim 2, wherein the members are movable relative to one another to move the article of bedding between a first orientation in which a portion of an edge of the first member is spaced apart from a portion of an edge of the second member to define an aperture therebetween and a second orientation in which the portion of the edge of the first member engages the portion of the edge of the second member (the flaps, or members, of Palashewski can be separated as claimed, compare Applicant’s Fig. 9 with Palashewski Fig. 14)
Claim 4. The article of bedding recited in claim 3, wherein the patch extends across the aperture when the article of bedding is in the first orientation (see orientation of patch in Lieberethal Fig. 5, compare to Applicant’s Fig. 9).
Claim 5. The article of bedding recited in claim 3, wherein the aperture is V-shaped (Palashewski, Fig. 15)
Claim 7. The article of bedding recited in claim 1, wherein the article of bedding includes a panel, the panel comprising the sections and the members, the panel comprising opposite first and second sides, the junction including a patch that is stitched to one of the sides (the combined sheet of Palashewski and Lieberthal comprises a panel at #328 in Fig 14, as well as a patch taught by Lieberthal and stitching seen in both Palashewski Fig. 15 and Lieberthal Fig. 5)
Claim 8. The article of bedding recited in claim 1, wherein the article of bedding includes a panel, the panel comprising the sections and the members, the junction including a patch, the article of bedding including stitching that extends through the patch and the panel to couple the patch to the panel (the combined sheet of Palashewski and Lieberthal comprises a panel at #328 in Fig 14, as well as a patch taught by Lieberthal and stitching seen in both Palashewski Fig. 15 and Lieberthal Fig. 5).
Claim 9. The article of bedding recited in claim 1, wherein the article of bedding includes a panel, the panel comprising the sections and the members, the junction including a patch, the article of bedding including first stitching that extends through the patch and defines an interface between the second section and the first member and second stitching that extends through the patch and defines an interface between the third section and the second member (regarding first and second stitching, see Palashewski Fig. 15, stitching is seen that attaches first and second members, #340 and 342, to second and third sections, #320 and 322).
Claim 10. The article of bedding recited in claim 9, wherein the first stitching and the second stitching are each linear, the second stitching extending at an acute angle relative to the first stitching (see Palashewski Fig. 15, stitching on first and second members, #340 and 342, is linear, and stitching forms an acute angle at #336).
Claim 11. The article of bedding recited in claim 9, wherein the first stitching and the second stitching are each linear, the second stitching intersecting the first stitching (see Palashewski Fig. 15, stitching on first and second members, #340 and 342, is linear, and stitching intersects at #336).
Claim 12. The article of bedding recited in claim 1, wherein the first section includes opposite top and bottom surfaces, the second section and the third section each extending from the top surface, the first section including opposite first and second side surfaces each extending from the top surface to the bottom surface, the bottom surface extending continuously from the first side surface to the second side surface (Palashewski Fig. 15, sheet #300 inherently comprises top and bottom surfaces).
Claims 6 and 13-22 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 8,973,183 to Palashewski et al. (“Palashewski”) in view of US Patent 2,689,961 to Lieberthal, and US Patent 8,898,834 to Huber et al. (“Huber”).
Claim 6. The article of bedding recited in claim 1, wherein the article of bedding includes a first strap having a first end coupled to the second section and an opposite second end coupled to the first section and a second strap having a first end coupled to the third section and an opposite second end coupled to the first section (Palashewski does not disclose the use of straps, however, Huber teaches straps on a fitted sheet in at least Fig. 2 at #260; 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 fitted sheet of Palashewski with the straps of Huber in order to more securely attach the fitted sheet to the underlying mattress; Huber further discusses in column 5, lines 7-43, varying the strap arrangement and points of connection in order to enable a stable positioning of the sheet).
Claim 13. See rejection of claim 1 above. Regarding a mattress, Palashewski Fig. 14 #302 discloses a mattress. Regarding a first strap and a second strap, see rejection of claim 6, above.
Claim 14. See rejection of claim 2 above.
Claim 15. See rejection of claim 3 above.
Claim 16. See rejection of claim 4 above.
Claim 17. See rejection of claim 9 above.
Claim 18. See rejection of claim 10 above.
Claim 19. See rejection of claim 11 above.
Claim 20. See rejection of claim 1 above. Regarding a mattress, Palashewski Fig. 14 #302 discloses a mattress. Regarding a first strap and a second strap, see rejection of claim 6, above. Regarding “a patch”, providing a reinforcement patch as taught by Lieberthal would help to prevent damage, see rejection of claim 1 above.
Claim 21. See rejection of claim 1 above. Regarding “a first fastener,” Huber teaches the use of straps, see rejection of claim 6, above. Regarding “a junction joining the sections,” Lieberthal teaches a reinforcement patch, see rejection of claim 1 above; Regarding “a second article of bedding”, it would have been an obvious duplication of parts to provide two sheets on the mattress of Palashewski, furthermore Examiner takes Official Notice that it is commonly known to use multiple sheets together on a bed, such as a bottom sheet, or fitted sheet, and a top sheet.
Claim 22. See rejection of claim 1 above. Regarding a mattress, Palashewski Fig. 14 #302 discloses a mattress. Regarding a base comprising a frame and a platform, see Palashewski Fig. 14, base and frame are unlabeled, seen beneath mattress #302; alternatively see Fig. 3, #19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MYLES A THROOP whose telephone number is (571)270-5006. The examiner can normally be reached 8:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MYLES A THROOP/ Primary Examiner, Art Unit 3679
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