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 § 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.
Claims 5 and 10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "an additional first strip" and “an additional second strip”. It is unclear if these limitations are referencing the “first strip” and “second strip” in claim 1, or if claim 5 is requiring a total of four strips. Claim 1 requires “at least one second pocket spring web” and claim 5 requires “one or more second pocket spring webs”. The possibility of only having one second pocket spring webs while having a total of four strips makes the claim unclear in light of the disclosure as a whole, as Fig. 2 shows four strips 6’ and 6 attached to two second pocket spring webs 4. “A claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty. In re Moore, 439 F.2d 1232, 1235-36, 169 USPQ 236, 239 (CCPA 1971); In re Cohn, 438 F.2d 989, 169 USPQ 95 (CCPA 1971); In re Hammack, 427 F.2d 1378, 166 USPQ 204 (CCPA 1970). “ See MPEP 2173.03.
Claim 10 recites the limitation "the second strips" in line 7 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-3 and 5-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mossbeck (US 6,202,238).
Regarding Claim 1, Mossbeck discloses a pocket spring assembly comprising:
a plurality of first pocket spring webs (26, see Col. 3, Lines 57-58), wherein adjacent first pocket spring webs are joined together to form a core (12) of the pocket spring assembly,
a first layer of textile material (52) and a second layer of textile material (54) attached to a first and second surface of the core of the pocket spring assembly, respectively,
wherein the layers of textile material extend along the an entire area of said first and second surfaces of the core of the pocket spring assembly (see Figs. 1 and 2),
at least one second pocket spring web (40) attached to a first lateral surface of said core of the pocket spring assembly (see Fig. 2), forming a pocket spring assembly (38), wherein said second pocket spring web extends perpendicularly to the a direction of the first pocket spring webs (see Figs. 1 and 2),
wherein the springs in the first pocket spring webs have different stiffness characteristics than the springs in said at least one second pocket spring web (see spring lengths in Figs. 2 and Col. 2, Lines 9-15),
wherein:
the first layer of textile material and the second layer of textile material do not extend beyond the area of said first and second core surfaces of the pocket spring assembly (see Fig. 2),
the pocket spring assembly further comprises:
a first strip of textile material (18) which is attached to at least one second web of pocket springs and to the first layer of textile material, and
a second strip of textile material (18, see Fig. 2) which is attached to the at least one second web of pocket springs and to the second layer of textile material.
Regarding Claim 2, Mossbeck discloses wherein the core comprises longitudinal ends, and wherein one or more third pocket spring webs (14) are disposed at one of the longitudinal ends of the core of the pocket spring assembly, the springs in the third pocket spring webs having different stiffness characteristics than the springs in the first pocket spring webs (see Figs. 1 and 2 and Col. 2, Lines 9-15).
Regarding Claim 3, Mossbeck discloses wherein the core comprises opposed longitudinal ends, and wherein one or more third pocket spring webs (14) are disposed at both longitudinal ends of the core of the pocket spring assembly, the springs in the third pocket spring webs having different stiffness characteristics than the springs of the first pocket spring webs (see Figs. 1 and 2 and Col. 4, Lines 15-20) .
Regarding Claim 5, Mossbeck discloses wherein the pocket spring assembly comprises at least one second pocket spring web, and preferably a set of two one or more second pocket spring webs, attached to a second lateral surface of the core of the pocket spring assembly, the assembly comprising an additional first strip of textile material and an additional second strip of textile material, which are attached to at least one second pocket spring web, and preferably a set of two one or more second pocket spring webs attached to the second lateral surface of the core of the pocket spring assembly, and to the first and second sheets of textile material, respectively.
Regarding Claim 6, Mossbeck discloses a mattress (10) comprising a pocket spring assembly according to claim 1.
Regarding Claim 7, Mossbeck discloses a method of manufacturing a pocket spring assembly comprising the steps of:
a) providing a core (12) of the pocket spring assembly, said core of the pocket spring assembly comprising a plurality of first pocket spring webs (26, see Col. 3, Lines 57-58), wherein adjacent first pocket spring webs are joined together to form said core of the pocket spring assembly,
b) attaching a first layer (52) of textile material and a second layer (54) of textile material to first and second surfaces of said core of the pocket spring assembly, respectively, said layers of textile material extending along an entire area of said first and second surfaces of the core of the pocket spring assembly, wherein the first layer of textile material and the second layer of textile material do not extend beyond the area of said first and second surfaces of the core of the pocket spring assembly (see Fig. 2),
c) providing at least one second pocket spring web (40) in which the springs have different stiffness characteristics than the springs in the first pocket spring webs (see spring lengths in Fig. 2 and Col. 2, Lines 9-15),
d) attaching a first strip (18) of textile material to a first layer of textile material along a longitudinal direction of the core of the pocket springs, such that a portion of said first strip extends beyond the core of the pocket spring assembly (see Fig. 2),
e) forming the pocket spring assembly by attaching said at least one second web of pocket springs to a first lateral surface of the core of the pocket spring assembly and to a portion of the first strip of textile material extending beyond the core of the pocket spring assembly (see Fig. 2), said at least one second web of pocket springs extending perpendicularly to the a direction of extension of the first webs of pocket springs (see Fig. 1),
f) attaching a second strip (18) of textile material to at least one second web of pocket springs and to the second layer of textile material (see Fig. 2).
Regarding Claim 8, Mossbeck discloses wherein in step a) a pocket spring assembly core is provided with one or more third pocket spring webs (14) attached to an extreme pocket spring web at a longitudinal end of the core of the pocket spring assembly (see Fig. 2), the springs in the third pocket spring web having different stiffness characteristics than the springs in the first pocket spring webs (see spring lengths in Fig. 2 and Col. 2, Lines 9-15).
Regarding Claim 9, Mossbeck discloses wherein in step a) a pocket spring assembly core is provided with one or more third pocket spring webs (14) attached to the outermost pocket spring webs at both longitudinal ends of the core of pocket spring assembly, the springs in the third pocket spring web having different stiffness characteristics than the springs in the first pocket spring webs (see Figs. 1 and 2 and Col. 2, Lines 9-15).
Regarding Claim 10, Mossbeck discloses wherein in step d) two first strips of textile material are attached to the first layer of textile material so that two parts of said two first strips extend beyond the core of the pocket springs on both opposite sides thereof (see Figs. 1 and 2), and in step e) one or more second webs of pocket springs, are additionally attached to the second lateral surface of the core of the pocket spring assembly (see Fig. 2), and in step f) attachment of the second strips of textile material to one or more second webs of pocket springs, and to the second layer of textile material takes place on both opposite sides of the core of the pocket spring assembly (see Figs. 1 and 2).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mossbeck (US 6,202,238).
Regarding Claim 4, Mossbeck discloses one second pocket spring web (40) is attached to a first side surface of the pocket spring core, the first strip of textile material and the second strip of textile material being attached to said one second pocket spring web and to the first and second layers of textile material (see Figs. 1 and 2). Mossbeck fails to disclose a set of two second pocket spring webs (emphasis added). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add an additional second pocket spring web to first side surface of the pocket spring core, since it has been held that mere duplication of essential working parts of a device involve only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). The motivation to add an additional second pocket spring web would be to increase the width of the border region, thus providing extra resistance to sagging near the edges of the mattress.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/ Primary Examiner, Art Unit 3619