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 .
Applicant's election with traverse of Species I (Fig.’s 1-5) in the reply filed on December 30, 2025 is acknowledged. The traversal is on the ground(s) that examination of the identified species (Applicant only traverses the restriction between Species III (Fig.’s 8-9) and Species IV (Fig. 10)) would not impose a serious burden on the Office in either search or examination. Applicant argues that the distinction between Species III and IV does not change the underlying structure or formation of the covered inflatable body. Applicant notes the distinction between Species III and IV only as Species III is a two-layer cover while Species IV is a three-layer cover. This is not found persuasive because the distinction between the Species as noted by Applicant are not the only distinctions between the Species. As stated in the Specification in paragraph [0092],
Unlike the three layer covering 200, the two layer covering 200 of the fourth embodiment would not be used as a reversible covering to provide the same type of material on the upper/outer surface when installed regardless of orientation, because the inner layer 203 maybe different than the single outer layer 201. However, the single outer layer 201 and inner layer 203 in this embodiment may be reversibly used in this arrangement to provide a user with a choice of the type of the material that will be directed upwardly and outwardly.
This means that there is at least one additional distinction between Species III and IV in that Species IV provides different materials on opposite sides, providing the user with a choice of material to lie on while Species III only has one outside material, not two like Species IV. These distinctions impose a serious search and/or examination burden for the patentably distinct species requiring a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different strategies or search queries).
The requirement is still deemed proper and is therefore made FINAL.
Specification
The disclosure is objected to because of the following informalities: In paragraph [0053], line 2, “and shown” should read –are shown--. In paragraph [0054], line 6, “expends” should read –expands--.
Appropriate correction is required.
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.
Claim(s) 1, 2, 6, 10, 12, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPAP 2005/0022307 (McClintock et al. hereinafter).
With regard to claim 1, McClintock et al. discloses an inflatable bed comprising:
an inflatable body (5) comprising:
a top sheet (7);
a bottom sheet; and
a lateral confining sheet (17) connected to the top sheet (7) and the bottom sheet; and
a covering (6) connected to the inflatable body (5) and disposed over the top sheet (7), the covering (6) comprising:
at least one outer layer (paragraph [0038]), and
an inner layer (batting, paragraph [0038]) connected to the outer layer (paragraph [0038]),
wherein a periphery of the at least one outer layer (paragraph [0038]) is fixedly or detachably connected to the inflatable body (5), and the periphery of the at least one outer layer (paragraph [0038]) extends to a periphery of the top sheet (7).
With regard to claim 2, McClintock et al. discloses the inflatable bed according to claim 1, wherein the at least one outer layer (paragraph [0038]) of the covering (6) includes a first outer layer (paragraph [0038]) and a second outer layer (paragraph [0038]), the periphery of the first outer layer (paragraph [0038]) is connected to the periphery of the second outer layer (paragraph [0038]), and the inner layer (batting, paragraph [0038]) is disposed between the first outer layer (paragraph [0038]) and the second outer layer (paragraph [0038]).
With regard to claim 6, McClintock et al. discloses the inflatable bed according to claim 1, wherein the periphery of the at least one outer layer (paragraph [0038]) is detachably connected to the inflatable body (5) via a zipper (15), a reclosable fastener, or a snap fastener (Fig.’s 5A-5C).
With regard to claim 10, McClintock et al. discloses the inflatable bed according to claim 1,
wherein the periphery of the top sheet (7) is connected to a top edge of the lateral confining sheet (17), the periphery of the bottom sheet is connected to a bottom edge of the lateral confining sheet (17), and
wherein the inflatable body (5) further comprises an extension belt (21) extending upwardly from the top edge of the lateral confining sheet (17), and
wherein the periphery of the at least one outer layer (paragraph [0038]) is connected to the extension belt (21).
With regard to claim 12, McClintock et al. discloses the inflatable bed according to claim 10, wherein the extension belt (21) is made from a separate sheet of material and is connected to the lateral confining sheet (17) by welding (paragraph [0035]).
With regard to claim 16, McClintock et al. discloses the inflatable bed according to claim 2, wherein the inner layer (batting, paragraph [0038]) fills a space defined between the first outer layer (paragraph [0038]) and the second outer layer (paragraph [0038]).
With regard to claim 17, McClintock et al. discloses the inflatable bed according to claim 2, wherein the covering (6) includes a detachable mechanism (15) configured to detachably connect the periphery of the covering (6) to the periphery of the top sheet (7), wherein the covering (6) is reversible such that first outer layer (paragraph [0038]) is outwardly exposed when the covering (6) is connected in a first state and the second outer layer (paragraph [0038]) is outwardly exposed when the covering (6) is connected in a second state, wherein the second state is reversed relative to the first state.
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.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over McClintock et al. in view of USPAP 2002/0112291 (Barman et al. hereinafter).
With regard to claim 7, McClintock et al. discloses all of the limitations except for wherein the at least one outer layer is a polymer material layer and includes polyvinyl chloride, thermoplastic polyurethane elastomer, polyurethane, polypropylene, polyethylene, polyethylene terephthalate, or nylon. McClintock et al. does disclose the covering being made of natural or synthetic fabric (paragraph [0038]), but does not disclose what the natural or synthetic fabrics are.
Barman et al. teaches a mattress topper made of natural or synthetic fibers wherein the natural and synthetic fibers include wool, cotton, polyester, polyurethanes and latex.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus of McClintock et al. by using the materials as taught in Barman et al. for the purposes of using known examples of natural and/or synthetic fibers known to be appropriate for bedding.
With regard to claim 8, the McClintock et al. modification with regard to claim 7 discloses the inflatable bed according to claim 1, wherein the at least one outer layer is a fabric layer and includes cotton fiber, wool fiber, silk fiber, hemp fiber, regenerated fiber, polyester fiber, polyamide fiber, polyacrylonitrile fiber, polyvinyl alcohol fiber, polypropylene fiber, polyurethane fiber, or inorganic fiber.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over McClintock et al.
With regard to claim 11, McClintock et al. discloses all of the limitations except for wherein the extension belt and the lateral confining sheet are made from the same sheet of material.
Note that the claimed phrase “made from the same sheet of material” is being treated as a product-by-process limitation; that is, that the extension belt and the lateral confining sheet are made from the same sheet of material. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulations of the recited steps, only to the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 U.S.C. 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference, see MPEP 2113. See In re Marosi, 218 USPQ 289 (Fed. Cir. 1983). Thus, even though McClintock et al. is silent as to the process used to form the extension belt and the lateral confining sheet, it appears that the product of McClintock et al. would be the same or similar as the apparatus claimed.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over McClintock et al. in view of USPAP 2022/0202198 (Li hereinafter).
With regard to claim 13, McClintock et al. discloses all of the limitations except for wherein the top sheet, the bottom sheet, the lateral confining sheet, and the extension belt are made of polyvinyl chloride, thermoplastic polyurethane elastomer, polyurethane, polypropylene, polyethylene, polyethylene terephthalate or nylon. McClintock et al. does not disclose the material of these components.
Li teaches an inflatable mattress with first tensioning members (260), second tensioning members (240, 250), a top sheet (210), a bottom sheet (220) and a lateral confining sheet (230) wherein all of these components are made from a PVC or TPU material.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus of McClintock et al. by using the materials as taught in Li for the purposes of using known examples of materials for inflatable bedding having a reasonable expectation of success. It would also have been obvious to provide the first and second tensioning members as shown in Li for the purpose of increasing stability (paragraphs [0037] and [0046]).
With regard to claim 14, the McClintock et al. modification with regard to claim 13 discloses the inflatable bed according to claim 1, wherein the inflatable body further comprises a plurality of first tensioning members (260) disposed within the inflatable body and that connect the top sheet (7) to the bottom sheet.
With regard to claim 15, the McClintock et al. modification with regard to claim 13 discloses the inflatable bed according to claim 14, wherein the inflatable body further comprises a plurality of second tensioning members (240, 250), and each of the plurality of second tensioning members (240, 250) connects either the top sheet (7) to the lateral confining sheet (17) or connects the bottom sheet to the lateral confining sheet (17).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP’s 11,969,099, 2,000,873, 6,076,214, 7,089,618, 5,598,593 and 5,855,033 as well as USPAP’s 2019/0231085, 2021/0196053, 2022/0346564, 2023/0098052, 2025/0302206, 2002/0083528, 2004/0216237, 2005/0000025, 2015/0113736, 2018/0360228, 2024/0251960, 2025/0049225, 2025/0134273 and 2025/0194821 each disclose mattresses similar to that claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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, Justin C. 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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/AARON R EASTMAN/Primary Examiner, Art Unit 3673