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 (figures 2-11), Sub-species A (figures 42 and 44) and allegedly corresponding to claims 1-6 and 9-22 in the reply filed on 11/14/2025 is acknowledged. Per MPEP 818.01 a traversal requires applicant to provide a written statement of the reasons for traverse, distinctly and specifically pointing out the supposed errors upon which the applicant relies for concluding that the requirement is in error. The traversal is on the ground(s) that no burden has been established. As best understood, this is not found persuasive. The reply does not address the reason(s) why there is a serious search and/or examination burden as set forth in the Office Action.
The requirement is still deemed proper and is therefore made FINAL.
Remarks
This communication is in response to Application No. 18/783,131 filed on 07/04/2024 and the reply received 11/14/2025.
The reply withdrew claims 7-8.
Claims 1-6 and 9-22 are currently pending and have been examined.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. The elected species corresponds to figs. 2-11 which do not provide any standard of measuring or determining what is ’pre-compressed’ and ‘a pre-compressed’ spring is considered not shown. Therefore, the “a plurality of pre-compressed springs” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. See the 35 U.S.C. 112 rejection supra.
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.
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 1-6 and 9-22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over at least claims 1-2 of copending Application No. US 2025/0194811 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are patentably indistinct as shown in the claim chart below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant application
US 2025/0194811
1. (Original) An elastic mattress for furniture, comprising:
one or more elastic modules, and one or more bottom layers disposed below the one or more elastic modules, wherein:
the one or more elastic modules comprise a plurality of pre-compressed springs,
middle parts of the plurality of pre-compressed springs are disposed with connecting members,
adjacent pre-compressed springs of the plurality of pre-compressed springs are connected to each other by corresponding ones of the connecting members,
connecting structures of side surfaces of a corresponding one of the connecting members of the plurality of pre-compressed springs comprise one or more first connecting structures and one or more second connecting structures,
the one or more first connecting structures and the one or more second connecting structures are disposed on adjacent ones of the side surfaces of the corresponding one of the connecting members, and
bottom surfaces of the plurality of pre-compressed springs are connected to the one or more bottom layers.
1. An elastic mattress having springs, comprising:
one or more elastic modules, and one or more bottom layers disposed below the one or more elastic modules, wherein:
the one or more elastic modules comprises a plurality of pre-compressed springs, middle parts of the plurality of pre-compressed springs are disposed with connecting members,
the connecting members are divided into one or more first connecting members and one or more second connecting members,
side surfaces of the one or more first connecting members are provided with first connecting structures, side surfaces of the one or more second connecting members are provided with second connecting structures,
the one or more first connecting members and the one or more second connecting members are respectively disposed on waist parts of different pre-compressed springs of the plurality of pre-compressed springs, one of the one or more first connecting members of a first one of the plurality of pre-compressed springs is connected to one of the one or more second connecting members of a second one of the plurality of pre-compressed springs, and
bottom surfaces of the plurality of pre-compressed springs are connected to the one or more bottom layers.
2. (Original) The elastic mattress for furniture according to claim 1, wherein:
the connecting members comprise connecting seats,
the connecting seats are sleeved on the middle parts of the plurality of pre-compressed springs,
each of the connecting seats comprises one or more insertion members as the one or more first connecting structures,
each of the connecting seats comprises one or more insertion sockets as the one or more second connecting structures, and a male and female connection of a first one of the one or more insertion members on a first one of the plurality of pre-compressed springs and a first one of the one or more insertion sockets on a second one of the plurality of pre-compressed springs achieves a connection between the plurality of pre-compressed springs.
2. The elastic mattress having the springs according to claim 1, wherein:
the one or more first connecting members comprise one or more first connecting seats, the one or more first connecting seats are provided with insertion members as the first connecting structures,
the one or more second connecting members comprise one or more second connecting seats, the one or more second connecting seats comprise sockets as the second connecting structures, and the insertion members of the one or more first connecting members are connected to the sockets of the one or more second connecting members using a male-female connection, so that a connection of the plurality of pre-compressed springs is achieved.
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) 1-6, 9-22 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 claim 1, the claim recites “a plurality of pre-compressed springs” and the term ‘pre-compressed’ is interpreted as a term of degree. The term ‘pre-compressed’ is considered a term of degree similar to value, duration, numerical range, location, shape, or comparative sizing or proximity and as such is considered indefinite as the specification or arguments previously presented fails to provide some standard for measuring that degree; and there is no standard that is recognized in the art for measuring the meaning of the term of said degree. Applicant has elected Species I, corresponding to figures 2-11, which the specification describes as embodiment 1 at [0092] to [0109]. Figures 2-11 do not provide any standard of measuring or determining what is ’pre-compressed’. The specification does not provide some standard for measuring or determining that is considered ‘pre-compressed’, thus the metes and bounds of the claim are unclear and the claim is indefinite.
Claims 2-6 and 9-22 are rejected via dependency.
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 and 22 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 8.185,988, hereinafter D1 (figure provided below).
As to claim 1.
D1 discloses an elastic mattress for furniture (abstract), comprising:
one or more elastic modules (plurality of spring elements 300 ), and one or more bottom layers (bottom cover layer 370, fig. 3) disposed below (fig. 3) the one or more elastic modules (plurality of spring elements 300), wherein:
the one or more elastic modules (plurality of spring elements 300 in fig. 3; spring element 200 shown in detail in fig. 2) comprise a plurality of pre-compressed springs (spring element 200 comprised of two springs 205 and grid support 220 and are considered ‘pre-compressed’),
middle parts of the plurality of pre-compressed springs (spring element 200 comprised of two springs 205 and grid support 220) are disposed with connecting members (grid support 120/220 includes connector 130/230),
adjacent pre-compressed springs of the plurality of pre-compressed springs (spring element 200 comprised of two springs 205 and grid support 220) are connected to each other by corresponding ones of the connecting members (as shown in fig. 2 where springs 100/200 have holes which twist lock via connector 130/230 on 120/220),
connecting structures (as shown in FIG. 1, grid support 120 preferably has a means of laterally connecting to other grid supports. FIG. 1 shows that this lateral connection means is preferably an insertion tab snap connector comprised of male connectors 121 and female connectors 122; col. 5, ln. 63+) of side surfaces of a corresponding one of the connecting members of the plurality of pre-compressed springs (spring element 200 comprised of two springs 205 and grid support 220) comprise one or more first connecting structures (one of male connectors 121 and female connectors 122) and one or more second connecting structures (the other of male connectors 121 and female connectors 122),
the one or more first connecting structures (one of male connectors 121 and female connectors 122) and the one or more second connecting structures (the other of male connectors 121 and female connectors 122) are disposed on adjacent ones of the side surfaces of the corresponding one of the connecting members (figs. 1-2 and fig. 3), and
bottom surfaces of the plurality of pre-compressed springs (spring element 200 comprised of two springs 205 and grid support 220) are connected (fig. 3 shows spring element resting on bottom surface) to the one or more bottom layers (bottom cover layer 370).
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As to claim 22.
D1 discloses a method for applying the elastic mattress for furniture, comprising: applying the elastic mattress for furniture according to claim 1 (see explanation for claim 1) in a sofa (fig. 3), a bed mattress, or a soft stool.
Allowable Subject Matter
Claims 2, 11, 13 and 19 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 and withdrawal of the rejections supra.
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 20 January 2026