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) 1-2, 5-9, 11-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH 645007 A5 to Degen in view of DE 10242346 to Borghosrt.
Claims 1, 5-9, and 11-12, Degen discloses a foam mattress and method of adjusting the firmness of the foam mattress comprising: a plurality of foam layers including a first foam layer 1 and a second foam layer 2, wherein second foam layer is disposed underneath the first foam layer (fig. 3), wherein a top surface of the second foam layer is formed with a first ridged pattern having a first plurality of ridges defined by undulating elevations 3 with corresponding ones of a first plurality of openings defined by indentations 4 between ones of the first plurality of ridges; at least one filling body defined by stiffening bars 5 disposed in a corresponding one of the first plurality of openings, wherein a firmness of the mattress is capable of being adjustable by inserting or removing the stiffening bars from the corresponding one of the plurality of indentations wherein through the targeted arrangement of such stiffening bars 5 at certain points of the top mattress to be hardened, the mattress is adjusted from an orthopedic point of view and thus adapted to the anatomical need. Degan is silent to the stiffening bars having an outer wrapping being filled with an inner core of material. Borghorst discloses an insert defined by cells (10,14) having an outer wrapping capable of being removably filled with an inner core of material (17)(fig. 3 & 4) with a zipper 21. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine cells disclosed in Borghorst with the mattress of Degen with a reasonable expectation of success because it would have provided means to adjust the stiffness of the mattress. Having a filler material being removable from the shell is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have a removable filler material with the mattress of Degen with a reasonable expectation of success because it would have provided means to replace the filler material.
Claims 2 and 13, Degen discloses the mattress and method further comprising a plurality of filling bodies including the filling body, wherein the firmness of the mattress is further adjustable by inserting or removing ones of the plurality of filling bodies from corresponding ones of the plurality of openings.
Claims 6-7, Degen discloses the mattress, but is silent to the inner core for the filling is capable of being designed as thin-walled plastic pipes, rubber, or wood or the inner core for a first filling body is different from a material of the inner core for a second filling body. Selecting different materials for the filling body is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the materials as stated above for the filling bodies with a reasonable expectation of success because it would have provided an equivalent and alternative supportive characteristic to suit the needs of the individual user.
Claim 8, Degen discloses the mattress, but is silent to the material of the inner core for a first filling body being a hard sponge material. Selecting from a plethora of known materials for the filling body is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select hard sponge material for a first filling bodies with a reasonable expectation of success because it would have provided an equivalent and alternative supportive characteristic to suit the needs of the individual user. Claim 9, Degen, as modified, discloses the mattress wherein the firmness of the mattress of Regan is further adjustable in zones corresponding to the shoulder area and buttocks area of a human body [Abstract].
Claim 15, Degen, as modified, discloses the method wherein adjusting the firmness of the foam mattress further comprises manipulating a second filling body in a different opening. With regards to the applicant's recitation "wherein a core material of the second filling body is different from a core material of the first filling body". Selecting from a plurality of different materials is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select from different materials as stated above with a reasonable expectation of success because it would have provided an equivalent and alternative supportive characteristic to suit the needs of the individual user.
Claim(s) 3-4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH 645007 A5 to Degen in view of DE 10242346 to Borghosrt, and further in view of U.S. Pat. No. 4,161,045 to Regan.
Claims 3, Degen is discloses the mattress, but is silent to a partition that subdivides the foam mattress a first and second subset of the plurality of openings. Regan discloses a mattress having a partition that divides the foam mattress into a first subset of the plurality of openings is located on a first side of the mattress associated with a first portion, and wherein a second subset of the plurality of openings is located on a second side of the mattress associated with a second portion [Abstract]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine first and second subsets disclosed in Regan with the mattress of Degen with a reasonable expectation of success because it would have provided maximum support for body areas of greater weight.
Claims 4 and 14, Degen, as modified, discloses the mattress wherein a firmness of the first portion of the mattress is capable of being adjustable wherein stiffening rods are capable of being inserted into the indentations 4. The stiffening rods can be easily inserted into the indentations 4 through the targeted arrangement at certain points of the top mattress to be hardened, and adjusted from an orthopedic point of view and thus adapted to the anatomical needs (pg. 2, col. 2 lines 47-58). With regards to claim 14, the Applicant's recitation "the foam mattress comprises a partition dividing the foam mattress into a first portion having a first subset of the plurality of openings on a first side of the foam mattress, and a second portion having a second subset of the plurality of openings on a second side of the foam mattress", determination of patentability is based on the process itself. The patentability of a method does not depend on the a partition dividing the foam mattress into a first portion having a first subset of the plurality of openings on a first side of the foam mattress, and a second portion having a second subset of the plurality of openings on a second side of the foam mattress, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device.
Claim(s) 10, 16-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH 645007 A5 to Degen in view of DE 10242346 to Borghosrt, and further in view of U.S. Pat. No. 6,701,556 to Romano et al.
Claims 10 and 16-17, Degen all the claim limitations as stated above, but is silent to a third and fourth layer. Romano discloses a mattress having a third top foam layer disposed above a first and second layer, and a fourth foam layer disposed underneath the second layer that is formed with a plurality of ridges (fig. 2A). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine third and fourth layers disclosed in Regan with the mattress of Degen with a reasonable expectation of success because it would have provided additional resilient layers that cooperate to provide support for the body. Regarding claim 16, wherein a top surface of the second foam layer is formed with a first ridged pattern and a top surface of the third foam layer is formed with a second ridged pattern wherein the second ridged pattern is different from the first ridged pattern. Selecting different ridged patterns for the top surface of the second and third foam layers is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select different ridged patterns as stated above with a reasonable expectation of success because it would have provided an equivalent and alternative supportive characteristic to suit the needs of the individual user.
Claim 19, Degen discloses the mattress wherein the at least one filling body is one of a plurality of filling bodies, wherein each of the plurality of filling bodies includes an outer shell and an inner core of material enclosed within the outer wrapping (fig. 3).
Claim 20, Degen, as modified, the foam mattress of claim 19, with regards to the applicant's recitation "wherein a core material of the second filling body is different from a core material of the first filling body". Selecting from a plurality of different materials is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select from different materials as stated above with a reasonable expectation of success because it would have provided an equivalent and alternative supportive characteristic to suit the needs of the individual user.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over
CH 645007 A5 to Degen in view of DE 10242346 to Borghosrt, U.S. Pat. No. 6,701,556 to Romano et al. and further to U.S. Pat. No. 4,161,045 to Regan.
Claim 18, Degen discloses the foam mattress, but is silent to a partition that subdivides the foam mattress a first and second subset of the plurality of openings. Regan discloses a mattress having a partition dividing the foam mattress between a first subset of the plurality of openings is located on a first side of the mattress associated with a first portion, and wherein a second subset of the plurality of openings is located on a second side of the mattress associated with a second portion [Abstract]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine first and second subsets disclosed in Regan with the mattress of Degen with a reasonable expectation of success because it would have provided maximum support for body areas of greater weight.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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. Pat. No. 1,446,290 to Dessau discloses a bed having a filling body with and outer wrapping and an inner core of material placed within the wrapping.
U.S. Pat. No. 5,081,728 to Skinner discloses a mattress having multiple firmness zones.
U.S. Pat. No. 5,533,218 to Fahy discloses a cushion having inserts to adjust firmness.
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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