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
Claims 12, 13 and 15-17 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 26, 2026.
Applicant’s election without traverse of the Species of Figure 26, claims 1-11, 14, and 18-20 in the reply filed on May 26, 2026 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 2-11, 14, 19, and 20 are objected to because of the following informalities: In line 1 of each of claims 2-11, 14, 18, and 20, “Claim” should read –claim--. 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) 1-7, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 7,127,764 (Harding et al. hereinafter).
With regard to claim 1, Harding et al. discloses an air mattress assembly comprising, in combination:
an air mattress (10) comprising a top surface (34), a bottom surface (30), and at least one sidewall surface (Fig. 1), the top surface (34) having a cavity (Fig. 2) formed therein; and
an inflatable pillow insert (24) configured to be removably positioned in the cavity (Fig. 2), the inflatable pillow insert (24) configured to be adjustably inflated.
With regard to claim 2, Harding et al. discloses the air mattress assembly of claim 1, wherein the cavity (Fig. 2) is defined by a circumferential wall (28) and a floor (Fig. 2).
With regard to claim 3, Harding et al. discloses the air mattress assembly of claim 1, wherein the air mattress (10) comprises four sidewall surfaces (Fig. 1).
With regard to claim 4, Harding et al. discloses the air mattress assembly of claim 1, wherein the inflatable pillow insert (24) further comprises a sidewall and a stem (L3) coupled to the sidewall, the stem (L3) configured to be positioned in a channel of the air mattress (10) (Fig.’s 1, 2, 4).
With regard to claim 5, Harding et al. discloses the air mattress assembly of claim 4, wherein the stem (L3) further comprises a base (at the inflatable pillow insert) and a body, wherein the base is sloped (the connection point is necessarily sloped due to the sloped walls of the accordion type walls) in the direction of the body, and wherein the stem (L3) is coupled to the sidewall of the inflatable pillow insert (24) at the base of the stem (L3).
With regard to claim 6, Harding et al. discloses the air mattress assembly of claim 4, wherein the channel is positioned between the top surface (34) and the bottom surface (30) (Fig. 2), the channel having a first opening positioned in the at least one sidewall surface (Fig. 1) and a second opening positioned in the circumferential wall (28, Fig. 2), wherein the channel is configured to receive the stem (L3) therein.
With regard to claim 7, Harding et al. discloses the air mattress assembly of claim 1, wherein the air mattress (10) further comprises an opening formed along the at least one sidewall surface (Fig. 1).
With regard to claim 10, Harding et al. discloses the air mattress assembly of claim 1, wherein the air mattress (10) further comprises a plurality of corner portions (Fig. 1 shows three of the four corner portions), wherein each corner portion is juxtaposed between adjacent lengthwise sidewalls (Fig. 1) and widthwise sidewalls (Fig. 1) of the air mattress (10).
With regard to claim 11, Harding et al. discloses the air mattress assembly of claim 1, wherein the cavity (Fig. 2) and the inflatable pillow insert (24) are each cylindrical in shape (Fig. 1, 2).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harding et al. in view of USP 5,185,897 (Van Laanen hereinafter).
With regard to claim 8, Harding et al. discloses all of the limitations except for further comprising a plurality of air valves, wherein a first air valve is positioned in the opening of the at least one sidewall surface, and wherein a second air valve is positioned in an opening of a distal end of a stem of the inflatable pillow insert.
Van Laanen teaches an inflatable mattress with two separate inflated sections (1, 10), independent of one another wherein the inflatable section (10) towards the center of the mattress is inflated via a stem (11) through the sidewall and comprising a plurality of air valves (col. 2 lines 62-66, col. 3 lines 23-29), wherein a first air valve is positioned in an opening of an at least one sidewall surface, and wherein a second air valve is positioned in an opening of a distal end of a stem.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Harding et al. by providing a plurality of air valves, wherein a first air valve is positioned in the opening of the at least one sidewall surface, and wherein a second air valve is positioned in an opening of a distal end of a stem of the inflatable pillow insert as taught by Van Laanen for the purposes of using check valves to limit the undesired release of air.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harding et al. in view of USP 12,543,863 (Wilson et al. hereinafter).
With regard to claim 9, Harding et al. discloses all of the limitations except for further comprising a plurality of ridges, wherein a first ridge is formed along an outer perimeter of the top surface, and a second ridge is formed along an outer perimeter of the bottom surface.
Wilson et al. teaches an air mattress having a plurality of ridges (310, 312), wherein a first ridge (310) is formed along an outer perimeter of the top surface, and a second ridge (312) is formed along an outer perimeter of the bottom surface.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Harding et al. by providing a plurality of ridges, wherein a first ridge is formed along an outer perimeter of the top surface, and a second ridge is formed along an outer perimeter of the bottom surface as taught by Wilson et al. for the purposes of providing horizontal and vertical stability to the mattress (col. 4 lines 43-49).
Claim(s) 14 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harding et al.
With regard to claim 14, Harding et al. discloses the air mattress assembly of claim 1, further comprising a memory foam layer (18), the memory foam layer (18) comprising:
a top surface,
a bottom surface, and
wherein the bottom surface of the memory foam layer (18) is configured to contact the top surface (34) of the air mattress (10) (Fig. 3).
Harding et al. does not disclose the memory foam layer having an opening, wherein the opening is defined by a circumferential edge, and wherein the opening is configured to correspond to outer dimensions of the inflatable pillow insert.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Harding et al. by providing the memory foam layer having an opening, wherein the opening is defined by a circumferential edge, and wherein the opening is configured to correspond to outer dimensions of the inflatable pillow insert for the purposes of being able to use the invention as intended because if the memory foam layer did not have an opening the invention would not be able to function properly.
With regard to claim 18, the Harding et al. modification with regard to claim 14 discloses an air mattress assembly comprising, in combination:
an air mattress (10) comprising a top surface (34), a bottom surface (30), and a plurality of sidewall surfaces, the top surface (34) having a cavity (Fig. 2) formed therein;
a channel formed in the air mattress (10), the channel juxtaposed between the top surface (34) and the bottom surface (30);
an inflatable pillow insert (24) comprising:
a top surface (Fig. 2),
a bottom surface (Fig. 2),
a sidewall (Fig. 2), and
a stem (L3) coupled to the sidewall, wherein the stem (L3) is configured to be positioned in the channel of the air mattress (10);
wherein the inflatable pillow insert (24) is configured to be removably positioned in the cavity (Fig. 2), the inflatable pillow insert (24) configured to be adjustably inflated; and
a memory foam layer (18) comprising:
a top surface (Fig. 3),
a bottom surface (Fig. 3), and
an opening, wherein the opening is configured to correspond to outer dimensions of the inflatable pillow insert (24);
wherein the bottom surface of the memory foam layer (18) is configured to contact the top surface of the air mattress (10).
With regard to claim 19, the Harding et al. modification with regard to claim 14 discloses the air mattress assembly of claim 18, wherein the opening of the memory foam layer is defined by a circumferential edge (inherent).
With regard to claim 20, the Harding et al. modification with regard to claim 14 discloses the air mattress assembly of claim 18, wherein the cavity is defined by a circumferential wall (28) and a floor (Fig. 2), wherein the floor is configured to contact the bottom surface of the inflatable pillow insert (24) when the insert (24) is positioned in the cavity (Fig. 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPAP’s 2006/0016003, 2016/0174726, 2017/0208959, and 2024/0298813 as well as USP’s 4,054,960, 4,737,999, 5,237,712, 5,369,824, 5,400,449, 5,412,824, 5,425,147, 5,509,153, 5,679,040, 5,890,246, 6,233,768, 6,761,604, 8,656,541, 10,806,278, D392145, D403194, and D411933 all disclose an article 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
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