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) 21, 26-31, 34, and 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2013/0227783 to Brykalski et al., in view of U.S. Pat. No. 4,809,375 to Bull.
Claim 21 and 31, Brykalski discloses a bedding system comprising: a base defined by a foundation (F) comprising a platform and a plurality of legs coupled to the platform (fig. 17E); an air control unit 100 coupled to the base (fig. 17D); a bag positioned on the foundation [0194], the bag comprising a spacer 174 and an inner core (172) positioned therein, the bag comprising a top end having a perimeter and a material that extends across an entirety of an area defined by the perimeter; Brykalski is silent to the mattress having coils and a comfort layer positioned on a top end of the mattress; and a mattress cover positioned on the comfort layer. Bull discloses a mattress 13 with an inner core having coils 57 and a comfort layer 133 positioned on a top end of the mattress; and a zippered mattress cover 17 positioned on the comfort layer. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine coil springs and comfort layer disclosed in Bull with the system of Brykalski with a reasonable expectation of success because it would have provided an equivalent and alternative inner core and a cover that is capable of being laundered or replaced [Abstract].
Claim 26, Brykalski, as modified, discloses the bedding system wherein the cover is
sealed [0194].
Claim 27, Brykalski discloses the bedding system wherein the comfort layer is breathable [0015][0016].
Claims 28-29, Brykalski discloses the bedding system, further discloses a clamp
defined fasteners coupled to the base, the bag being positioned within a chassis defined by the cover 178 of the bedding system, the fastener capable of being rotatable relative to the base and capable of fixing the cover to the base.
Claim 30, Brykalski, as modified, discloses the bedding system wherein the base of
comprises a first end wall and an opposite second end wall, the spacer being
positioned between the end walls (fig. 17D,17E).
Claim 34, Brykalski discloses the bedding system wherein the power unit is capable of creating positive pressure that moves air in the cavity through the comfort layer and the cover [Abstract].
Claims 37-38, Brykalski, as modified, discloses the bedding system wherein Vrzalik further discloses a connector defined by an insert 180 extending into a top and bottom ends of the inner core, the insert being in communication with the opening.
Claim 39, Brykalski discloses the bedding system wherein the power unit 100 is coupled directly to the frame (fig. 17A).
Claims 22-25 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2013/0227783 to Brykalski et al., in view of U.S. Pat. No. 4,809,375 to Bull, and further in view of U.S. Pub. No. 2015/0289667 to Oakhill et al.
Claims 22-23 and 40, Brykalski discloses the bedding system, but is silent to the control unit comprising a left fan and a right fan. Oakhill discloses a bedding system with a control system 16 including left and right fans 20 capable of being positioned under a platform (fig. 3 & 5B)[0044]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine multiple fans disclosed in Oakhill with the bedding system of Brykalski with a reasonable expectation of success because it would have provided multiple means to heat and cool areas of bedding system of Brykalski.
Claim 24, Brykalski, as modified, discloses the bedding system wherein the base is adjustable and the bedding system of Oakhill further comprises a first and a second air passages (26,32,78,80), the first air passage being connected to the left fan, the second air passage being connected to the right fan and a base 78 that is adjustable (fig. 4A,4B).
Claim 25, Brykalski, as modified, discloses the bedding system wherein the cover
comprises opposite top and bottom ends with each being breathable [0015][0016], the
bedding system of Oakhill further comprises a duct 40 that connects the bottom end to
the first and second air passages.
Claim(s) 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over
U.S. Pub. No. 2013/0227783 to Brykalski et al. in view of U.S. Pat. No. 4,809,375 to Bull, and further in view of U.S. Pub. No. 2007/0261548 to Vrzalik.
Claims 32-33, Brykalski discloses the bedding system, but is silent to the power unit being configured to create negative pressure. Vrzalik discloses a power unit (444,446) capable of creating negative or positive pressure [Abstract][0004][0085][0092]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the power unit disclosed in Vrzalik with the bedding system of Brykalski with a reasonable expectation of success because it would have provided a surface that absorbs and/or disperses the moisture, vapor, and heat from the patient, as well as facilitate a flow of air through the surface.
Claim(s) 35-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2013/0227783 to Brykalski et al. in view of U.S. Pat. No. 4,809,375 to Bull, and further in view of U.S. Pat. No. 4,928,332 to Ogden et al.
Claims 35-36, Brykalski discloses the bedding system wherein the base comprises a tilting assembly coupled to the frame, but is silent to the tilting assembly comprising a hinge between the first end and the second end. Ogden et al. discloses a tilting assembly coupled to a frame including hinges (14,27) between opposite first and second ends wherein the foot end is capable of pivoting relative to the head end as the first end of the tilting assembly pivots relative to the second end of the tilting assembly (fig. 3). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the hinges disclosed in Ogden with the bedding system of Brykalski with a reasonable expectation of success because it would have provided an adjustable mattress foundation having provided an adjustable inclination for the head and foot sections of the foundation of Brykalski.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2017/0238717 to Jensen et al. discloses a mattress with an overlay and multiple covers.
U.S. Pub. No. 2004/0003471 to Vansteenburg discloses a power unit capable of creatin negative pressure.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/ Primary Examiner, Art Unit 3679
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