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 Application No. 18/769,123 filed on 07/10/2024 and the reply received 12/29/2025.
Claims 1-26 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/30/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Species II, allegedly encompassing claims 1-26, in the reply filed on 12/29/2025 is acknowledged. The traversal fails to point out specific errors and is not persuasive. The election requirement indicated that the species have mutually exclusive characteristics. Applicant does not contest this. The mutually exclusive characteristics (e.g. figs. 5-6 vs figs. 11-13) result in different fields of search commensurate with the exclusive characteristics. This explanation is sufficient. As best understood, the remarks amount to a mere request for additional detail. The level of detail requested is not required as all MPEP requirements were met. Applicant argues that examiner failed to identify class and/or subclass numbers for the species and that the requirement should therefore be withdrawn. Examiner is not required to identify class and/or subclass numbers in an election of species requirement. The requirement is not a restriction between claimed invention groups such as those in MPEP 806.05 which customarily do involve class and/or subclass number identification for each inventive group. Further, applicant did not, in this section, assert any errors in the examiner's search burden description beyond requesting the class and subclass identifications, which are not required and which are only one portion of the basis for the serious search burden. Nevertheless, the requested information is provided below.
Species I: at least - A47C27/065, A47C27/064, A47C27/05,
Species II: at least - A47C27/15, A47C27/144, A47C27/16.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings filed 07/10/2024 are acceptable.
Claim Objections
Claim 8 objected to because of the following informalities: the claim(s) require(s) proofreading and correction of error(s) in at least the following:
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Appropriate correction is required.
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.
Claim(s) 16-17 and 20-22 is/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 claims 16-17 and 20-22, each recites “substantially uniform” rendering the metes and bounds of the claim unclear thus indefinite. While MPEP 2173.05(b)III permits the use of approximations when the specification provides guidelines resulting in the term being definite. A review of the specification does not yield any such guidelines.
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) 1-26 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 6,898,814, hereinafter D1.
As to claim 1.
D1 discloses a cushion (e.g. fig. 21 ), comprising:
a plurality of interconnected walls (e.g. 400b is a lattice of interconnected walls in fig. 4) defining an array of buckling columns (400b is shown in cross section in fig. 20 where the columns = 400b1), each wall of the plurality of interconnected walls having a height (vertically in fig. 20) and including a base buckling point (see annotated fig. 20) extending laterally across the wall at a lower elevation along the height of the wall (see annotated figure 20) and a top buckling point (see annotated figure 20) extending laterally across the wall at a higher elevation along the height of the wall (see annotated figure 20) to enable each buckling column of the array of buckling columns to buckle at at least two elevations (elevations = each “buckling point”; e.g. col. 25, ln. 18+ describes buckling “[t]he vertical and horizontal diaphragms 400b1, 400b2, and peripheral side wall 400b3 arranged in the lattice are buckled when the user's weight is applied to function as a cushion).
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As to claim 2.
D1 discloses the cushion of claim 1, and further discloses wherein the base buckling point (see annotated figure 20) is located at an intermediate elevation within a base of the wall (lower circled portion is at “an intermediate elevation”) and the top buckling point (see annotated figure 20) is located at an intermediate elevation within a top of the wall (upper circled portion is located at “an intermediate elevation”).
As to claim 3.
D1 discloses the cushion of claim 2, and further discloses wherein the base of the wall has a base thickness (see annotated figure 20 – portion between lower arrows) and the top of wall has a top thickness (see annotated figure 20 – portion between upper arrows).
As to claim 4.
D1 discloses the cushion of claim 3, and further discloses wherein the base thickness is greater than the top thickness (fig. 20 shows walls 400b1 have taper, i.e. the base is thicker than the top).
As to claim 5.
D1 discloses the cushion of claim 1, and further discloses wherein the base buckling point has a base buckling threshold and the top buckling point has a top buckling threshold (buckling shown in e.g. fig. 22; a ‘buckling threshold’ is an inherent property at any point, i.e. a buckling point, along a column, i.e. 500b1).
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As to claim 6.
D1 discloses the cushion of claim 5, and further discloses wherein the base buckling threshold is greater than the top buckling threshold (buckling shown in e.g. fig. 22; a ‘buckling threshold’ is an inherent property at any point, i.e. a buckling point, along a column, i.e. 500b1 and is a function of the material used to form the column and the thickness of the column at any chosen ‘buckling point’; note the increased buckling at the top buckling point vs. the lower buckling point).
As to claim 7.
D1 discloses the cushion of claim 1, and further discloses wherein each wall of the plurality of interconnected walls further includes a middle buckling point (see annotated figure 22 referring to “buckling point” between upper and lower points) extending laterally across the wall to enable each buckling column to buckle at a third elevation (the elevation of the middle point is different from the upper and lower points).
As to claim 8.
D1 discloses the cushion of claim 7, and further discloses wherein the base buckling point is located at an intermediate elevation within a base of the wall (see annotated figure 22 where the lowest “buckling point” is at an intermediate elevation in 500b1), the middle buckling point is located at an intermediate elevation within a middle of the wall (see annotated figure 22 where the middle “buckling point” is at an intermediate elevation in 500b1), and the top buckling point is located at an intermediate elevation within a top of the wall (see annotated figure 22 where the top “buckling point” is at an intermediate elevation in 500b1).
As to claim 9.
D1 discloses the cushion of claim 8, and further discloses wherein the base of the wall has a base thickness (see annotated figure 22 where the base “buckling point” has a thickness at the elevation in 500b1), the middle of the wall has a middle thickness (see annotated figure 22 where the middle “buckling point” has a thickness at the elevation in 500b1), and the top of the wall has a top thickness (see annotated figure 22 where the upper “buckling point” has a thickness at the elevation in 500b1).
As to claim 10.
D1 discloses the cushion of claim 9, and further discloses wherein the base thickness is greater than the middle thickness and the middle thickness is greater than the top thickness (this is apparent from the figures and the fact the walls 500b1 are tapered).
As to claim 11.
D1 discloses the cushion of claim 8, and further discloses wherein the base buckling point has a base buckling threshold, the middle buckling point has a middle buckling threshold, and the top buckling point has a top buckling threshold (buckling shown in e.g. fig. 22; a ‘buckling threshold’ is an inherent property at any point, i.e. a buckling point, along a column, i.e. 500b1).
As to claim 12.
D1 discloses the cushion of claim 11, and further discloses wherein the top buckling threshold is less than the middle buckling threshold and the middle buckling threshold is less than the base buckling threshold (buckling shown in e.g. fig. 22; a ‘buckling threshold’ is an inherent property at any point, i.e. a buckling point, along a column, i.e. 500b1 and is a function of the material used to form the column and the thickness of the column at any chosen ‘buckling point’; note the increased buckling at the top buckling point vs. the lower buckling point = a lower threshold).
As to claim 13.
D1 discloses a cushion, comprising:
a plurality of interconnected walls (e.g. 400b is a lattice of interconnected walls in fig. 4) defining an array of buckling columns (400b is shown in cross section in fig. 20 where the columns = 400b1), each wall (400b1) of the plurality of interconnected walls having a height (400b is shown in cross section in fig. 20 where the columns = 400b1) and including a base (see annotated fig. 20) with a base thickness at a lower portion of the height of the wall (thickness at “base buckling point” see annotated figure 20) and a top (see annotated figure 20) with a top thickness at a higher portion of the height of the wall (thickness at “top buckling point” see annotated figure 20), each buckling column including an interior surface defining a void (e.g. 400b2) extending along a height of the buckling column (i.e. “heigh axis” see annotated figure 20).
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As to claim 14.
D1 discloses the cushion of claim 13, and further discloses wherein each wall of the plurality of walls (500b1 in fig. 25 show the wall taper is via a stepped 510 arrangement) further includes a ledge (510) between the base and the top (see annotated figure 25).
As to claim 15.
D1 discloses the cushion of claim 14, and further discloses wherein the ledge (510) is part of the interior surface of the void of the at least one buckling column (see annotated figure 25).
As to claim 16.
D1 discloses the cushion of claim 15, and further discloses wherein at least one of the base thickness and the top thickness is substantially uniform (this appears to be the case in either fig. 20 and 25).
As to claim 17.
D1 discloses the cushion of claim 16, and further discloses wherein the base thickness and the top thickness are both substantially uniform (this appears to be the case in either fig. 20 and 25).
As to claim 18.
D1 discloses the cushion of claim 13, and further discloses wherein each wall of the plurality of interconnected walls further includes a middle with a middle thickness at an intermediate portion of the height of the wall (fig. 20 and 25).
As to claim 19.
D1 discloses the cushion of claim 18,and further discloses wherein each wall of the plurality of interconnected walls further includes a base ledge between the base and the middle and a top ledge between the middle and the top (fig. 25).
As to claim 20.
D1 discloses the cushion of claim 19, and further discloses wherein at least one of the base thickness, the middle thickness, and the top thickness is substantially uniform (in either fig. 20 or 25 the thickness at any point is ‘substantially’ uniform).
As to claim 21.
D1 discloses the cushion of claim 20, and further discloses wherein at least two of the base thickness, the middle thickness, and the top thickness are substantially uniform (in either fig. 20 or 25 the thickness at any point is ‘substantially’ uniform).
As to claim 22.
D1 discloses the cushion of claim 21, and further discloses wherein the base thickness, the middle thickness, and the top thickness are all substantially uniform (in either fig. 20 or 25 the thickness at any point is ‘substantially’ uniform).
As to claim 23.
D1 discloses the cushion of claim 13, and further discloses wherein the base thickness and the top thickness enable (note the use of “enable” is typically used to connect structure to a function, similar to the word “for.” “Enable” (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. The function of each buckling column of the plurality of buckling columns to buckle at a plurality of elevations is an inherent characteristic of the prior art structure because at least figure 22 shows it) each buckling column of the plurality of buckling columns to buckle at a plurality of elevations (see annotated figure 22).
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As to claim 24.
D1 discloses a method for designing a cushion (500B, fig. 22), comprising:
determining a thickness (i.e. the thickness of any of the circled “buckling points” in annotated fig. 22) of the cushion and a height of interconnected walls (height of 500b1) and buckling columns of the cushion (500b1);
determining a number of buckling points to be provided along the height of each buckling column of the buckling columns of the cushion (see annotated figure 22); and
determining a threshold load required to cause each buckling point of the plurality of buckling points to buckle (load shown as arrow in fig. 22).
As to claim 25.
D1 discloses the method of claim 24, and further discloses wherein determining the number of buckling points comprises determining a number of lateral regions of each wall of the plurality of interconnected walls (circled in fig. 22), from a base of the wall to a top of the wall (fig. 22).
As to claim 26.
D1 discloses the method of claim 25, and further discloses wherein determining the number of lateral regions comprises determining a height and a thickness of each lateral region of the plurality of lateral regions (each “buckling point” has a height and thickness as each is an arbitrary selection).
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 22 January 2026