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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1,3-7,9-10,12,14-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Publication No. 20110047709 issued to Tarsaud.
Regarding claim 1,
Tarsaud discloses a bolster comprising: a top side; a bottom side opposite the top side; (Tarsaud: FIG. 1 (2a, 2b)) a first section; (Tarsaud: FIG. 1 (2-1)) a second section connected to the first section proximate the top side; (Tarsaud: FIG. 1 (2-2)) and a third section connected to the second section opposite the first section and proximate the bottom side, (Tarsaud: FIG. 1 (2-3)) wherein the first section and the third section are configured to rotate about the second section. (Tarsaud: [0162] discusses how the welds in (3-1, 3-2) allow for the bolster to be easily articulated when the deck of the bed articulates)
Regarding claim 3,
Tarsaud discloses the bolster of claim 1 and discloses the use of snaps to attach cushions 2a and 2b to the mattress.
Tarsaud does not appear to disclose further comprising: a first tab connected to the first section; and a second tab connected to the third section, wherein the first tab and the second tab are connected between the top side and the bottom side.
However, Schutz discloses the use of tabs having snaps to connect a bumper to a crib. (Schutz: FIG. 1 shows tabs (12, 14) with a snap that connects to (16).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a known technique of adding tabs with snaps to Tarsaud directed to a bolster a known device as taught in Schutz directed to a crib bumper a known device with a reasonable expectation of success because it is the application of a known technique that would have yielded the predictable results and resulted in an improved system, namely, providing a stable and removable attachment to the mattress while distributing load along the side seam.
Regarding claim 4,
Tarsaud in view of Schultz discloses the bolster of claim 3, wherein the first tab extends outwardly from the first section, and wherein the second tab extends outwardly from the third section. (Schutlz: FIG. 1 shows (12, 14) extending outward from the sections)
Regarding claim 5,
Tarsaud in view of Schultz discloses the bolster of claim 4, wherein at least one of the first tab and the second tab comprises connection hardware. (Schultz: FIG. 1 shows snaps on tabs)
Regarding claim 6,
Tarsaud discloses the bolster of claim 1.
Tarsaud does not appear to disclose wherein the first section, the second section, and the third section are constructed of a foam material.
However, Hearvin discloses wherein the first section, the second section, and the third section are constructed of a foam material. (Hearvin: [0013])
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tarsaud by substituting the inflatable cell in the bolster for that of a foamed bolster as taught in Hearvin with a reasonable expectation of success because the substitution would have yielded the predicted result of eliminating the need for pneumatic control systems, where width adjustability is not required and eliminating continuous pressure regulation.
Regarding claim 7,
Tarsaud discloses the bolster of claim 1, further comprising a sleeve having a cavity, the sleeve configured to receive at least a portion of the bolster within the cavity. (Tarsaud: FIG. 3 (40) see also [0063]-[0064])
Regarding claim 8,
Tarsaud discloses the bolster of claim 2, wherein the first section, the second section, and the third section comprise an inflatable air cell. (Tarsaud: FIG. 5)
Regarding claim 9,
Tarsaud discloses the bolster of claim 1, wherein the bolster is configured to abut a patient support surface. (Tarsaud: FIG. 1 shows cushions 2a 2b abutting an air mattress)
Regarding claim 10,
Tarsuad discloses the bolster of claim 9, wherein the bolster is configured to abut an air mattress. (Tarsaud: FIG. 1 shows cushions 2a 2b abutting an air mattress)
Regarding claim 12,
Tarsaud discloses a bolster comprising: a top side; a bottom side opposite the top side; (Tarsaud: FIG. 1 (2a, 2b)) a first section; (Tarsaud: FIG. 1 (2-1)) a second section pneumatically connected to the first section proximate the top side; (Tarsaud: FIG. 1 (2-2)) and a third section pneumatically connected to the second section opposite the first section and proximate the bottom side, (Tarsaud: FIG. 1 (2-3)) wherein the first section and the third section are configured to rotate about the second section. (Tarsaud: [0162] discusses how the welds in (3-1, 3-2) allow for the bolster to be easily articulated when the deck of the bed articulates)
Regarding claim 13,
Tarsaud discloses the bolster of claim 12.
Tarsaud does not appear to disclose further comprising: a midline disposed between the top side and the bottom side; a first gap extending from the bottom side to a first point located between the midline and the top side; anda second gap extending from the top side to a second point located between the midline and the bottom side, wherein the first gap is located between the first section and the second section, wherein the second gap is located between the second section and the third section.
However Bravo discloses further comprising: a midline disposed between the top side and the bottom side; a first gap extending from the bottom side to a first point located between the midline and the top side; anda second gap extending from the top side to a second point located between the midline and the bottom side, wherein the first gap is located between the first section and the second section, wherein the second gap is located between the second section and the third section. (Bravo: FIG. 5, discusses the use of gaps (22))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tarsaud by adding gaps between the chevron welds as taught in Bravo since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of improving articulation control, reduce buckling, and enhance durability during repeated flexing, as both Tarsaud and Bravo address predictable problem of controlling bending behavior.
Regarding claim 14,
Tarsaud discloses the bolster of claim 12, wherein the bolster may be adjusted to a desired air pressure. (Tarsaud: [0135] the cells are capable of being inflated)
Regarding claim 15,
Tarsaud discloses the bolster of claim 14, wherein the bolster is configured to abut an air mattress. (Tarsaud: FIG. 1)
Regarding claim 16,
Tarsaud discloses the bolster of claim 14, wherein the desired pressure is about equal to or greater than an air pressure of the air mattress. (Tarsaud: [0135] the cells are capable of being inflated)
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.
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.
Claim(s) 2, 8, 11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20110047709 issued to Tarsoud in view of U.S. Patent No. 3877090 issued to Bravo.
Regarding claim 2,
Tarsaud discloses the bolster of claim 1.
Tarsaud does not appear to disclose further comprising: a midline disposed between the top side and the bottom side; a first gap extending from the bottom side to a first point located between the midline and the top side; anda second gap extending from the top side to a second point located between the midline and the bottom side, wherein the first gap is located between the first section and the second section, wherein the second gap is located between the second section and the third section.
However Bravo discloses further comprising: a midline disposed between the top side and the bottom side; a first gap extending from the bottom side to a first point located between the midline and the top side; anda second gap extending from the top side to a second point located between the midline and the bottom side, wherein the first gap is located between the first section and the second section, wherein the second gap is located between the second section and the third section. (Bravo: FIG. 5, discusses the use of gaps (22))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tarsaud by adding gaps between the chevron welds as taught in Bravo since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of improving articulation control, reduce buckling, and enhance durability during repeated flexing, as both Tarsaud and Bravo address predictable problem of controlling bending behavior.
Regarding claim 8,
Tarsaud discloses the bolster of claim 2, wherein the first section, the second section, and the third section comprise an inflatable air cell. (Tarsaud: FIG. 5)
Regarding claim 11,
Tarsaud discloses the bolster of claim 8, further comprising a plurality of seams connecting opposing sides of the inflatable air cell along the midline. (Tarsaud: FIG. 6 shows weld lines (310, 312, 302) connecting inflatable cells)
Regarding claim 13,
Tarsaud discloses the bolster of claim 12.
Tarsaud does not appear to disclose further comprising: a midline disposed between the top side and the bottom side; a first gap extending from the bottom side to a first point located between the midline and the top side; anda second gap extending from the top side to a second point located between the midline and the bottom side, wherein the first gap is located between the first section and the second section, wherein the second gap is located between the second section and the third section.
However Bravo discloses further comprising: a midline disposed between the top side and the bottom side; a first gap extending from the bottom side to a first point located between the midline and the top side; anda second gap extending from the top side to a second point located between the midline and the bottom side, wherein the first gap is located between the first section and the second section, wherein the second gap is located between the second section and the third section. (Bravo: FIG. 5, discusses the use of gaps (22))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tarsaud by adding gaps between the chevron welds as taught in Bravo since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of improving articulation control, reduce buckling, and enhance durability during repeated flexing, as both Tarsaud and Bravo address predictable problem of controlling bending behavior.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM C ORTIZ/Primary Examiner, Art Unit 3673