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 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) 1 and 3-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2016/0286972 to DeFranks et al. in view of U.S. Pub. No. 2011/0173757 to Rensink et al., and further in view of U.S. Pub. No. 2009/0044338 to Rock et al.
Claims 1, and 9, DeFranks discloses a mattress assembly and process, comprising an upper foam layer (12,52) and a covering of fabric material overlying the upper foam layer; an intermediate thermally conductive layer 18 underlying and in directed contact with the upper foam layer [0018]. DeFranks is silent to a spacer layer. Rensink discloses an underlying spacer layer comprised of a three-dimensional polymeric fibrous structure including substantially planar top and bottom surfaces and substantially vertically oriented fibers extending between the planar top and bottom surfaces that permits circulation through the spacer material such that moisture is transported and dissipated through the layers is increased [0026][0046][0051]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the spacer layer in Rensink with the mattress assembly of DeFranks with a reasonable expectation of success because it would have allowed transfer of heat away from adjacent cushion layers while permitting air and moisture flow leading to more sanitary and hygienic sleeping [0005](claim 15). DeFranks is silent to the cover having a wicking material. Rock discloses a fabric cover treated with a wicking enhancement [0005]. Selecting from a plethora of known materials is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the wicking material of Rock with the cover in DeFranks with a reasonable expectation of success because it would have further enhanced the transportation and dissipation of moisture through the layers.
Claims 3, 8, and 11, DeFranks discloses the mattress assembly, but is silent to the thermally conductive layer having a thickness less than 0.0625 inches, the spacer layer having a uniform thickness of about 0.125 inches to about 6 inches or about 0.25 inches to about 6 inches, and the moisture management layer is a non-woven porous fabric layer having a thickness less than 0.1 inches. Selecting a thickness for the thermally conductive layer or spacer layer is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the thickness as stated above with the conductive and spacer layers of DeFranks with a reasonable expectation of success because it would have provided an equivalent and alternative thickness for the conductive and spacer layers of DeFranks.
Claims 4, DeFranks discloses the mattress assembly and process wherein the thermally conductive layer comprises foam and thermally conductive particles [0029][0030].
Claims 5-6, DeFranks discloses the mattress assembly wherein the thermally conductive articles comprise carbon, graphene, graphite, halogens, oxygen, platinum, aluminum, diamond, gold, silver, silicon, tm. copper, iron, nickel, or combinations thereof [0030].
Claim 7, DeFranks, as modified, discloses the mattress assembly wherein the upper foam layer comprises a viscoelastic foam layer [0006].
Claims 10, DeFranks, as modified, discloses the mattress assembly wherein the moisture management, the thermally conductive layer and the spacer layer overly an innerspring mattress core (14,54)[0020].
Claim 14, DeFranks discloses the mattress assembly wherein the foam matrix comprises polyurethane, viscoelastic polyurethane, latex, polyester, polystyrene, polyethylene, polypropylene, or polyether-polyurethane [0020].
Claim 16, DeFranks discloses the mattress assembly wherein the three-dimensional polymeric fibrous structure comprises a polymer comprising polyesters, polyethylene, polypropylene.
Claim 19, DeFranks, as modified, discloses the mattress assembly wherein the thermally conductive layer and the spacer layer are sandwiched between foam layers. Claims 20-21, DeFranks, as modified, discloses all of the limitations as stated above and further discloses the thermally conductive layer comprises a thermally conductive material having a thermal conductivity greater than 5 watts per meters-Kelvin [0030].
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2016/0286972 to DeFranks et al. in view of U.S. Pub. No. 2011/0173757 to Rensink et al., U.S. Pub. No. 2009/0044338 to Rock et al., and further in view of U.S. Pub. No. 2015/0296993 to Boyd.
Claims 2, DeFranks, as modified, discloses the mattress, but is silent to the thermal conductive layer being perforated. Boyd discloses cushion elements being perforated [0056]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine perforations in Boyd with the mattress assembly of DeFranks with a reasonable expectation of success because it would have allowed greater air flow throughout the mattress.
Claim(s) 12-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2013/0025065 to Chunglo in view of U.S. Pub. No. 2016/0286972 to DeFranks et al.
Claim 12, Chunglo discloses a mattress assembly comprising a first high airflow foam layer 14 capable of providing an air flow; a perforated middle layer proximate to a sleeping surface 18; and a second high airflow foam layer 20 capable of providing an air flow equal to or greater than 6 ft/min, wherein the middle layer is in direct contact with and is sandwiched between the first and second high airflow layers [0007]-[0011];[0023];[0040]. Chunglo is silent to the middle layer being thermally conductive. DeFranks discloses a mattress assembly having an intermediate thermally conductive layer 18 [0014]-[0018]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the thermally conductive layer disclosed in DeFranks with the mattress assembly of Chunglo with a reasonable expectation of success because it would have allowed the absorbing heat form the user’s body and transferring the absorbed heat through the mattress assembly to maintain a thermal gradient. Chunglo is silent to the high airflow being equal to or greater than 6 ft/min. Selecting a range of values for air flow is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the range of values for air flow as stated above with a reasonable expectation of success because it would have provided and equivalent and alternative range of value for the airflow in the mattress assembly of Chunglo.
Claim 13, Chunglo, as modified, discloses he mattress assembly, but is silent to the thermally conductive layer having a thickness less than 0.0625 inches. Selecting a thickness for the thermally conductive layer is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the thickness as stated above with a reasonable expectation of success because it would have provided an equivalent and alternative thickness for the conductive layer of Chunglo.
Claim 14, Chunglo, as modified, discloses the mattress assembly wherein the perforated foam layer comprises a plurality of geometric openings (22,122,152,202,204) arranged in rows and columns, wherein a slit 210 is formed between adjacent geometric openings in a linear direction oriented along a length dimension of the mattress assembly [0035](fig. 1,2A,2B,3,4,5).
Claim 15, Chunglo, as modified, discloses the mattress assembly wherein the perforated foam layer comprises a plurality of geometric openings arranged in rows and columns, wherein a slit 204 is formed between adjacent geometric openings in a linear direction oriented along a width dimension of the mattress assembly (fig. 4-5).
Claims 16-18, Chunglo discloses the mattress assembly wherein the thermally conductive articles of DeFranks comprise carbon, graphene, graphite, halogens, oxygen, platinum, aluminum, diamond, gold, silver, silicon, tm. copper, iron, nickel, or combinations thereof [0030].
Claim 19, Chunglo discloses the mattress assembly wherein the slit is capable of opening in response to an applied load on the mattress assembly.
Claims 20-21, Chunglo, as modified, discloses the mattress assembly wherein the perforated layer is adhesively coupled with adhesive on the second high airflow layer [0031][0032], wherein the adhesive is linearly spaced apart and parallel application of an adhesive extending from side-to-side [0042](fig. 6).
Claims 22-23, 25, Chunglo discloses a process for reducing heat index in a mattress assembly comprising sandwiching a perforated layer between first and second foam layers, and providing the sandwiched perforated layer proximate to a sleeping surface within a mattress assembly. Chunglo is silent to the middle layer being thermally conductive. DeFranks discloses a mattress assembly having an intermediate thermally conductive layer 18 with thermally conductive materials embedded therein [0014]-[0018]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the thermally conductive layer disclosed in DeFranks with the mattress assembly of Chunglo with a reasonable expectation of success because it would have allowed the absorbing heat form the user’s body and transferring the absorbed heat through the mattress assembly to maintain a thermal gradient. With regards to the Applicant’s recitation that the first foam layer has a moderate airflow of 2 to 5 ft*/min or a high air flow of at least 6 ft/min or greater, and the second foam layer has a high air flow of at least 6 ft/min or greater; the thermally conductive material having a thermal conductivity greater than 5 waits per meters-Kelvin, the perforated thermally conductive foam layer having a thickness less than 0.0625 inches determination of patentability is based on the process itself. The patentability of a method does not depend on the range of values for airflow, thermal conductivity, or thickness. Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device.
Claim 24, Chunglo, as modified, discloses the mattress assembly wherein the perforated thermally conductive foam layer comprises a plurality of geometric openings (22,122,152,202,204) arranged in rows and columns, wherein a slit 210 is formed between adjacent geometric openings in a linear direction oriented along a length dimension of the mattress assembly [0035](fig. 1,2A,2B,3,4,5).
Claims 26 and 29, Chunglo discloses a mattress assembly comprising a first high airflow foam layer 14 capable of providing an air flow; a perforated middle layer proximate to a sleeping surface 18; and a second high airflow foam layer 20 capable of providing an air flow equal to or greater than 6 ft/min, wherein the middle layer is in direct contact with and is sandwiched between the first and second high airflow layers [0007]-[0011];[0023];[0040]. Chunglo is silent to the middle layer being thermally conductive. DeFranks discloses a mattress assembly having an intermediate thermally conductive layer 18 with thermally embedded particles [0014]-[0018]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the thermally conductive layer disclosed in DeFranks with the mattress assembly of Chunglo with a reasonable expectation of success because it would have allowed the absorbing heat form the user’s body and transferring the absorbed heat through the mattress assembly to maintain a thermal gradient. Chunglo is silent to the first foam layer having an air flow equal to or greater than 2 ft3/min to 5ft3/min or the second foam layer having an air flow equal to or greater than 6 ft3/min. Selecting a range of values for air flow is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the range of values for air flow as stated above with a reasonable expectation of success because it would have provided and equivalent and alternative range of value for the airflow in the mattress assembly of Chunglo.
Claim 27, Chunglo, as modified, discloses he mattress assembly, but is silent to the thermally conductive layer having a thickness less than 0.0625 inches. Selecting a thickness for the thermally conductive layer is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the thickness as stated above with a reasonable expectation of success because it would have provided an equivalent and alternative thickness for the conductive layer of Chunglo.
Claim 28, Chunglo, as modified, discloses the mattress assembly wherein the perforated foam layer comprises a plurality of geometric openings arranged in rows and columns, wherein a slit 204 is formed between adjacent geometric openings in a linear direction oriented along a length dimension or a width dimension of the mattress assembly (fig. 4-5).
Claims 30-31, Chunglo discloses the mattress assembly wherein the thermally conductive articles of DeFranks comprise carbon, graphene, graphite, halogens, oxygen, platinum, aluminum, diamond, gold, silver, silicon, tm. copper, iron, nickel, or combinations thereof [0030].
Claim 32, Chunglo discloses the mattress assembly wherein the slit is capable of opening in response to an applied load on the mattress assembly.
Claims 33-34, Chunglo, as modified, discloses the mattress assembly wherein the perforated layer is adhesively coupled with adhesive on the second high airflow layer [0031][0032], wherein the adhesive is linearly spaced apart and parallel application of an adhesive extending from side-to-side [0042](fig. 6).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2017/0119169 to Krim discloses a mattress having high airflow layers.
U.S. Pub. No. 2015/0026897 to Chunglo discloses a mattress having high airflow layers.
U.S. Pub. No. 2017/0295945 to Stickler discloses a mattress having high airflow.
Conclusion
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3673