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 Invention II (claims 7 – 23) in the reply filed on November 26, 2025 is acknowledged. The traversal is on the ground(s) that the examination of Invention I and Invention II would not impose an unreasonable or excessive burden on the Examiner. This argument is found persuasive. Accordingly, the restriction requirement is withdrawn, and claims 1 – 23 are subject to examination.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1 – 3 and 5 – 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krtek et al. (U.S. Patent Application No. US 2018/0177305 A1).
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Regarding claim 1, Krtek discloses an assembly (16) comprising a fabric (22, 24) having opposite top (top wall) and bottom (bottom wall) walls and a side wall (side wall) extending from the top wall (top wall) to the bottom wall (bottom wall), the side wall (side wall) being air permeable (Figs. 5 – 6; paragraphs [0053], [0063] and [0074]); a spring (28) encased by the fabric (22, 24) (Figs. 5A, 6A; paragraph [0053]).
Regarding claim 2, Krtek further discloses wherein the top wall (top wall) is non-air permeable (paragraph [0062]).
Regarding claim 3, Krtek further discloses wherein the side wall (side wall) includes a perforated material (paragraphs [0053], [0063] and [0074]).
Regarding claim 5, Krtek further discloses wherein the top wall (top wall) includes a non- perforated material and is non-air permeable (paragraphs [0062] and [0083]).
Regarding clam 6, Krtek further discloses wherein the side wall (side wall) and the top wall (top wall) each include a perforated material (paragraph [0079] - a polypropylene non-woven fabric and a lofted polyester fiber batting), the perforated material of the top wall being coated such that the top wall is non-air permeable (paragraph [0079] – the perforated material is coated with a thermoplastic polyurethane film which is impervious to airflow).
Regarding claim 7, Krtek discloses a spring pack (16) comprising a plurality of strings (columns 46), the strings (columns 46) each having opposite top (top wall) and bottom (bottom wall) walls and a side wall (side wall) extending from the top wall to the bottom wall, inner surfaces of the walls defining a plurality of pockets (44), the side wall being air permeable (Figs. 5 – 6; paragraphs [0053], [0063], [0064] and [0074]); and a spring (28) positioned in each of the pockets (44) (Figs. 5A, 6A; paragraph [0053]).
Regarding claim 8, Krtek further discloses wherein the side wall (side wall) includes a perforated material (paragraphs [0053], [0063] and [0074])..
Regarding claim 9, Krtek further discloses wherein the side wall (side wall) and the top wall (top wall) each include a perforated material (paragraph [0079] - a polypropylene non-woven fabric and a lofted polyester fiber batting), the perforated material of the top wall being coated such that the top wall is non-air permeable (paragraph [0079] – the perforated material is coated with a thermoplastic polyurethane film which is impervious to airflow).
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Krtek.
Regarding claim 4, Krtek further discloses wherein the side wall (side wall) includes a perforated material (paragraphs [0053], [0063] and [0074]).
Krtek discloses the claimed invention except for the perforated material configured to allow airflow therethrough at a rate of at least about 100 cubic feet per minute.
A person having ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Krtek such that the perforated material is configured to allow airflow therethrough at a rate of at least about 100 cubic feet per minute, since it has been held that discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, the body support of Krtek would function for its intended purpose with the perforated material configured to allow airflow therethrough at a rate of at least about 100 cubic feet per minute. Additionally, the subject disclosure does not provide any criticality to the perforated material being configured to allow airflow therethrough at a rate of at least about 100 cubic feet per minute.
Claims 10 – 23 are rejected under 35 U.S.C. 103 as being unpatentable over Krtek in view of Long (U.S. Patent Application Publication No. US 2017/0251821 A1).
Regarding claim 10, Krtek discloses a body support comprising a chassis (18), a spring pack (16) positioned on the chassis (18) (Figure 1; paragraph [0049]), comprising a plurality of strings (columns 46), the strings (columns 46) each defining a plurality of pockets (44), a spring (28) positioned in each of the pockets (44), the strings (columns 46) each having opposite top (top wall) and bottom (bottom wall) walls and a side wall (side wall) extending from the top wall to the bottom wall, the side walls being air permeable (Figs. 5 – 6; paragraphs [0053], [0063], [0064] and [0074]) and a comfort layer (14) positioned on top of the spring pack (16) such that the comfort layer (14) covers the spring pack (16) (Figure 1; paragraph [0049]).
Krtek discloses the claimed invention except for a chassis defining a cavity, and the spring pack positioned in the cavity.
Long is directed to a body support system. Long specifically discloses a body support (10) comprising a chassis (17) defining a cavity, a spring pack (12) positioned in the cavity (Fig. 1B; paragraph [0052]).
A person having ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Krtek such that the chassis defines a cavity, and the spring pack is positioned in the cavity as taught by Long, as the references and the claimed invention are directed to body support systems. As disclosed by Long, it is well known for a body support to include a chassis defining a cavity, a spring pack positioned in the cavity. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Krtek such that the chassis defines a cavity, and the spring pack is positioned in the cavity as taught by Long, as such a modification is merely the substitution of one chassis (the chassis of Krtek upon which the spring pack is positioned) with another chassis (the chassis if Long within which the spring pack is positioned), and the result of such a substitution would be predictable, namely, providing a chassis for a body support system.
Regarding claim 11, Krtek further discloses wherein the side walls (side wall) each include a perforated material (paragraphs [0053], [0063] and [0074]).
Regarding clam 12, Krtek further discloses wherein the side walls (side wall) and the top walls (top wall) each include a perforated material (paragraph [0079] - a polypropylene non-woven fabric and a lofted polyester fiber batting) and the perforated material of the top walls is coated such that the top walls are non-air permeable (paragraph [0079] – the perforated material is coated with a thermoplastic polyurethane film which is impervious to airflow).
Regarding claim 13, Krtek further discloses wherein the side walls (side wall) and the top walls (top wall) each include a perforated material such that the top walls are air permeable (paragraphs [0053], [0063] and [0074]).
Regarding claim 14, Krtek further discloses wherein the body support is configured such that ambient air moves through the comfort layer (14) and then moves laterally between and through the spring pack (16) after the ambient air moves through the comfort layer (14) (Figure 1; paragraphs [0049], [0063] and [0074] – the comfort layer 14 can be made of foam or fiber, which would allow ambient air to pass through the comfort layer. As the fabric of the spring pack is air permeable, the ambient air can then move laterally between and through the spring pack after the ambient air moves through the comfort layer).
Regarding claim 15, Krtek in view of Long further discloses an enclosure (the innermost 14), the spring pack (16) being positioned in the enclosure (14), the enclosure (innermost 14) being positioned in the cavity such that the comfort layer (the outermost 14) covers the enclosure (the innermost 14) (Fig. 1 of Krtek).
Regarding claim 16, Krtek further discloses wherein the enclosure (innermost 14) comprises opposite top and bottom sides and a vertical side extending from the top side to the bottom side, the top side being air permeable (paragraph [0049]).
Regarding claim 17, Krtek further discloses wherein the body support is configured such that ambient air moves through the comfort layer (outermost 14) and the top side, the ambient air configured to move laterally within the enclosure (innermost 14) after the ambient air moves through the top side (Figure 1; paragraphs [0049], [0063] and [0074] – the comfort layer 14 can be made of foam or fiber, which would allow ambient air to pass through the comfort layer. As the fabric of the enclosure is air permeable, the ambient air can then move laterally within the enclosure after the ambient air moves through the top side).
Regarding claim 18, Krtek further discloses wherein the ambient air moves through the spring pack as the ambient air moves laterally within the enclosure (As the fabric of the spring pack is air permeable, the ambient air can move through the spring pack as the ambient air moves laterally within the enclosure).
Regarding claim 19, Krtek further discloses wherein the ambient air moves between the strings and through the side walls as the ambient air moves laterally within the enclosure (As the strings and the side walls of Krtek are air permeable, the ambient air would move between the strings and through the side walls as the ambient air moves laterally within the enclosure).
Regarding claim 20, Krtek further discloses wherein the body support is configured such that ambient air moves through the bottom side and into the enclosure, the ambient air being configured to move laterally within the enclosure after the ambient air moves through the bottom side, the ambient air moving through the top side and the comfort layer after moving laterally within the enclosure (As the bottom side, the top side and the comfort layer are air permeable, the ambient air would move through the bottom side and into the enclosure, the ambient air being configured to move laterally within the enclosure after the ambient air moves through the bottom side, the ambient air moving through the top side and the comfort layer after moving laterally within the enclosure).
Regarding claim 21, Krtek further discloses wherein the ambient air moves through the spring pack as the ambient air moves laterally within the enclosure (As the fabric of the spring pack is air permeable, the ambient air can move through the spring pack as the ambient air moves laterally within the enclosure).
Regarding claim 22, Krtek further discloses wherein the ambient air moves between the strings and through the side walls as the ambient air moves laterally within the enclosure (As the strings and the side walls of Krtek are air permeable, the ambient air would move between the strings and through the side walls as the ambient air moves laterally within the enclosure).
Regarding claim 23, Long further discloses a base (18), the chassis (17) being positioned on top of the base (18) (Fig. 1A; paragraph [0052]).
Additional Prior Art
U.S. Patent Application Publication No. US 2010/0212090 A1 to Stjerna discloses a similar assembly with a fabric having opposite top and bottom walls and a side wall extending from the top wall to the bottom wall, the side wall being air permeable; a spring encased by the fabric.
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/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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