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 .
Status of the Application
Claims 1-20 have been examined in this application. This communication is Final Rejection in response to Applicant’s “Amendments/Remarks” filed on 05/11/2026.
Claim Objections
The claim objections made in the Non-Final Rejection on 02/09/2026 are withdrawn in light of the amendments to the claims filed on 05/11/2026.
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) 1-3, 6-7,11-13, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ambuske (US20200221884A1) in view of Lamke (US6675414B2).
Regarding claim 1,
Ambuske, as modified, teaches (Currently Amended) A sleep system, comprising a first layer of padding (Ambuske: FIG. 1 [0024] platform 16), comprising open cell foam (Ambuske: FIG. 1 [0025] foam layer 14), the first layer of padding including at least a portion of a connector (Ambuske: FIG. 1 [0026] rails 20 may secure to the top surface of the platform 16 and have a portion 22 of a zipper formed on their distal edges) on a first side and a second side of the first layer of padding (Ambuske: FIG. 1 [0026] rails 20 may secure to the top surface of the platform 16 and have a portion 22 of a zipper formed on their distal edges); a second layer of padding (Ambuske: FIG. 1 [0024] foam layer 14 is stacked above the platform 16 along the vertical direction 12a), the second layer of padding including at least a portion of a connector on a first side and a second side of the second layer of padding which are complementary and connectable (Ambuske: FIG. 1 [0026] Corresponding rails 20 and zipper portions 22 may secure to the bottom of the cover 18), respectively, to the portion of the connector on the first side and the portion of the connector on the second side of the first layer of padding (Ambuske: FIG. 1 [0026] Corresponding rails 20 and zipper portions 22 may secure to the bottom of the cover 18), the second layer of padding further including at least a portion of a third connector on the first side and a portion of a fourth connector on the second side (Ambuske: FIG. 1 [0026] zipper portions 22 on the cover 18 may be mounted to the zipper portions 22 on either the platform 16 or cover 18), which are disposed above the portion of the connector on the first side and the second side of the second layer of padding.
Ambuske does not teach and a sleeping quilt, the sleeping quilt including a portion of the third connector and a portion of the fourth connector which are complementary and connectable, respectively, to the third connector on the first side of the second layer of padding and the fourth connector on the second side of the second layer of padding, wherein the portion of the third connector and the portion of the fourth connector included in the sleeping quilt are disconnected from each other and the third connector and the fourth connector are disposed on opposing sides of the second side of the second layer of padding.
Lamke teaches and a sleeping quilt (Lamke: FIG. 1 [Col. 3 6-8] top layer 20, which preferably includes thermal material in the manner of conventional Sleeping bags), the sleeping quilt including a portion of the third connector and a portion of the fourth connector which are complementary and connectable, respectively (Lamke: FIG. 2 [Col. 3 62] second zipper 42 and the third zipper 48), to the third connector on the first side of the second layer of padding and the fourth connector on the second side of the second layer of padding (Lamke: FIG. 1 [Col. 3 62-34] second Zipper 42 and the third Zipper 48 are also continuous, and merely portions of a single Zipper that extends around one side, across the foot 52 of the sleeping bag 12), wherein the portion of the third connector and the portion of the fourth connector included in the sleeping quilt are disconnected from each other (Lamke: FIG. 1 [Col. 3 62-34] second Zipper 42 and the third Zipper 48 are also continuous, and merely portions of a single Zipper that extends around one side, across the foot 52 of the sleeping bag 12) and the third connector and the fourth connector are disposed on opposing sides of the second side of the second layer of padding (Lamke: FIG. 1 [Col. 3 62-34] second Zipper 42 and the third Zipper 48 extends around one side, across the foot 52 of the sleeping bag 12).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Lamke directed to a sleeping bag that is removably connected to a mattress. A person having ordinary skill in the art would have been motivated to provide comfort for a camper from the ground (Lamke: [Col. 1 22]).
Regarding claim 2,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 1, further comprising a valve disposed in the first layer of padding (Ambuske: FIG. 1 [0024] platform 16 may be an inflatable bladder inflated by means of a valve 16a).
Regarding claim 3,
Ambuske, as modified, teaches (New) The sleep system of claim 1, wherein the second layer of padding is a viscoelastic foam (Ambuske: FIG. 1 [0025] foam layer 14 may be surrounded by a cover 18).
Regarding claim 6,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 1.
Ambuske, as modified, does not teach, wherein the sleeping quilt is formed into a bag.
Lamke teaches wherein the sleeping quilt is formed into a bag (Lamke: FIG. 2 [Col. 4 39-40] sleeping bag 12 includes a top layer 20 and a bottom layer 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 Ambuske, as modified, in view of Lamke directed to including a sleeping bag includes a top layer and bottom layer. A person having ordinary skill in the art would have been motivated to provide adjustably vary an opening at the top of sleeping bag (Lamke: [Col. 4 39-40]).
Regarding claim 7,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 1, wherein the first layer of padding is twice the thickness of the second layer of padding (Ambuske: [0027] platform 16, and foam layer 14 may raise the top surface of the foam layer 14 to at least 8 inches, preferably at least 10 inches).
Regarding claim 11,
Ambuske, as modified, teaches (Previously Presented) A system, comprising: a first layer of padding (Ambuske: FIG. 1 [0024] platform 16), the first layer of padding including an open cell foam (Ambuske: FIG. 1 [0025] foam layer 14); a second layer of padding, the second layer of padding including a viscoelastic foam (Ambuske: FIG. 1 [0024] foam layer 14); wherein the first layer of padding is connectable to the second layer of padding (Ambuske: FIG. 1 [0026] foam layer 14 may be secured to the platform 16)
Ambuske does not teach a sleeping quilt, the sleeping quilt comprising an insulated blanket; and to the sleeping quilt; wherein the second layer of padding is connectable to the first layer of padding and to the sleeping quilt; and wherein the sleeping quilt is connectable to the first layer of padding or to the second layer of padding by connectors which are disconnected from each other and disposed on opposing sides of a top of the first layer or to the top of the second layer of padding.
Lamske teaches a sleeping quilt, the sleeping quilt comprising an insulated blanket (Lamske: FIG. 1 [Col. 3 6-8] top layer 20, which preferably includes thermal material in the manner of conventional Sleeping bags); and to the sleeping quilt (Lamske: FIG. 2 [Col. 3 6-8] sleeping bag 12); wherein the second layer of padding is connectable to the first layer of padding and to the sleeping quilt (Lamske: FIG. 1 [Col. 3 6-8] top layer 20, which preferably includes thermal material in the manner of conventional Sleeping bags); and wherein the sleeping quilt is connectable to the first layer of padding or to the second layer of padding by connectors which are disconnected from each other and disposed on opposing sides of a top of the first layer or to the top of the second layer of padding (Lamske: FIG. 2 [Col. 3 62-64] second zipper 42 and the third zipper 48, (or the second zipper 42 alone, if it is continuous to the second peripheral extension portion 50), can be unzipped to detach the air mattress 14 from the sleeping bag 12).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Lamke directed to a sleeping bag that is removably connected to a mattress. A person having ordinary skill in the art would have been motivated to provide comfort for a camper from the ground (Lamke: [Col. 1 22]).
Regarding claim 12,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 11, further comprising a valve disposed in the first layer of padding (Ambuske: FIG. 1 [0024] platform 16 may be an inflatable bladder inflated by means of a valve 16a).
Regarding claim 13,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 11.
Ambuske does not teach wherein the first sleeping quilt is further connectable to a second sleeping quilt.
Lamske teaches wherein the first sleeping quilt is further connectable to a second sleeping quilt (Lamkse: FIG. 2 [Col. 4 39-40] sleeping bag 12 includes a top layer 20 and a bottom layer 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 Ambuske, as modified, in view of Lamke directed to a sleeping bag having a top and bottom layer that is removeable. A person having ordinary skill in the art would have been motivated to allow for ease of removal and washing of the sleeping bag (Lamke: [Col. 4 20-21]).
Regarding claim 16,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 11.
Ambuske does not teach wherein the sleeping quilt is formed into a bag.
Lamke teaches wherein the sleeping quilt is formed into a bag (Lamke: FIG. 2 [Col. 4 39-40] sleeping bag 12 includes a top layer 20 and a bottom layer 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 Ambuske, as modified, in view of Lamke directed to a sleeping bag that is removably connected to a mattress. A person having ordinary skill in the art would have been motivated to provide comfort for a camper from the ground (Lamke: [Col. 1 22]).
Regarding claim 17,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 11, wherein the first layer of padding is twice the thickness of the second layer of padding (Ambuske: [0027] platform 16, and foam layer 14 may raise the top surface of the foam layer 14 to at least 8 inches, preferably at least 10 inches).
Claim(s) 8-10, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ambuske (US20200221884A1) in view of Lamke (US6675414B2) in further view Pitchforth (US9572439B2).
Regarding claim 8,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 1.
Amubuske, as does not teach wherein the sleeping quilt includes a footbox.
Pitchforth teaches wherein the sleeping quilt includes a footbox (Pitchforth: FIG. 6 [Col. 12 60-64] footbox 44 is a rigid portion of the outer shell 14 which increases the distance between the upper side 10 and the bottom side of the sleeping bag).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Pitchforth directed to including a sleeping bag with a footbox. A person having ordinary skill in the art would have been motivated to provide space for a user’s feet (Pitchforth: [Col. 12 60-65]).
Regarding claim 9,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 8.
Ambuske, as modified, does not teach wherein the footbox extends past a termination of the third connector and the fourth connector.
Pitchforth teaches wherein the footbox extends past a termination of the third connector and the fourth connector (Pitchforth: FIG. 6 [Col. 12 63-64] footbox 44 may be affixed in these various configurations via a stitched seam).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Pitchforth directed to including a sleeping bag with a footbox. A person having ordinary skill in the art would have been motivated to provide space for a user’s feet (Pitchforth: [Col. 12 60-65]).
Regarding claim 10,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 8.
Ambuske, as modified, does not teach wherein the footbox is tapered to have a width that is less than a width of the sleeping quilt.
Pitchforth teaches wherein the footbox is tapered to have a width that is less than a width of the sleeping quilt (Pitchforth: FIG. 6 [Col. 12 60-64] footbox 44 is a rigid portion of the outer shell 14 which increases the distance between the upper side 10 and the bottom side of the sleeping bag).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Pitchforth directed to including a sleeping bag with a footbox. A person having ordinary skill in the art would have been motivated to provide space for a user’s feet (Pitchforth: [Col. 12 60-65]).
Regarding claim 18,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 11.
Ambuske teaches wherein the sleeping quilt includes a footbox.
Pitchforth teaches wherein the sleeping quilt includes a footbox (Pitchforth: FIG. 6 [Col. 12 60-64] footbox 44 is a rigid portion of the outer shell 14 which increases the distance between the upper side 10 and the bottom side of the sleeping bag).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Pitchforth directed to including a sleeping bag with a footbox. A person having ordinary skill in the art would have been motivated to provide space for a user’s feet (Pitchforth: [Col. 12 60-65]).
Regarding claim 19,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 18, wherein the footbox extends past a termination of the third connector and the fourth connector (Pitchforth: FIG. 6 [Col. 12 63-64] footbox 44 may be affixed in these various configurations via a stitched seam).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Pitchforth directed to including a sleeping bag with a footbox. A person having ordinary skill in the art would have been motivated to provide space for a user’s feet (Pitchforth: [Col. 12 60-65]).
Regarding claim 20,
Ambuske, as modified, teaches (Previously Presented) The sleep system of claim 18, wherein the footbox is tapered to have a width that is less than a width of the sleeping quilt (Pitchforth: FIG. 6 [Col. 12 60-64] footbox 44 is a rigid portion of the outer shell 14 which increases the distance between the upper side 10 and the bottom side of the sleeping bag).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Pitchforth directed to including a sleeping bag with a footbox. A person having ordinary skill in the art would have been motivated to provide space for a user’s feet (Pitchforth: [Col. 12 60-65]).
Claim(s) 4-5 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ambuske (US20200221884A1) in view of Lamke (US6675414B2) in further view Benninger (US20210015277A1).
Regarding claim 4,
Ambuske, as modified, teaches The sleep system of claim 11.
Ambuske, as modified, does not teach wherein the second layer of padding includes a hood.
Benninger teaches wherein the second layer of padding includes a hood (Benninger: FIG. 1 [0039] sleeping bag 10 having an integral hood).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Benninger directed to including a sleeping bag with an integral hood. A person having ordinary skill in the art would have been motivated to provide variation of sleeping bags to include hoods (Benninger: [0002]).
Regarding claim 5,
Ambuske, as modified, teaches The sleep system of claim 11.
Ambuske, as modified, does not teach wherein the hood includes a cinch cord.
Benninger teaches wherein the second layer of padding includes a hood (Benninger: FIG. 1 [0040] drawstring 23 can be used in conjunction with a pair of draw hems 20 to adjustably vary an opening at the top of sleeping bag 10).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Benninger directed to including a sleeping bag with an integral hood and an accompanying drawstring. A person having ordinary skill in the art would have been motivated to provide adjustably vary an opening at the top of sleeping bag (Benninger: [0040]).
Regarding claim 14,
Ambuske, as modified, teaches The sleep system of claim 11.
Ambuske, as modified, does not teach wherein the second layer of padding includes a hood.
Benninger teaches wherein the second layer of padding includes a hood (Benninger: FIG. 1 [0039] sleeping bag 10 having an integral hood).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Benninger directed to including a sleeping bag with an integral hood. A person having ordinary skill in the art would have been motivated to provide variation of sleeping bags to include hoods (Benninger: [0002]).
Regarding claim 15,
Ambuske, as modified, teaches The sleep system of claim 11.
Ambuske, as modified, does not teach wherein the second layer of padding includes a hood.
Benninger teaches wherein the second layer of padding includes a hood (Benninger: FIG. 1 [0040] drawstring 23 can be used in conjunction with a pair of draw hems 20 to adjustably vary an opening at the top of sleeping bag 10).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ambuske, as modified, in view of Benninger directed to including a sleeping bag with an integral hood and an accompanying drawstring. A person having ordinary skill in the art would have been motivated to provide adjustably vary an opening at the top of sleeping bag (Benninger: [0040]).
Response to Arguments
Applicant’s arguments, see Page No. 6-8, filed 05/11/2026, with respect to Claims 1-20 under 35 U.S.C. § 103 have been fully considered and are persuasive. The rejection of Claims Claims 1-3, 6, 7, 11-13, and 16-17 under 35 U.S.C. § 103 have been withdrawn in view of the prior art of Born (US11812879). However, upon further consideration, a new ground(s) of rejection under 35 U.S.C. 103 is made in view Lamke (US6675414B2) with respect to Claim(s) 1-3, 6-7,11-13, and 16-17.
Additionally, Applicant's arguments filed 05/11/2026 (see Page No. 6-8) specifically regarding the art of Hill (US20190290032) have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection under 35 U.S.C. 103 is made in view Benninger (US20210015277A1) with respect to Claim(s) 4-5 and 14-15.
Regarding independent claim 1 and 11, the examiner notes that Born (US11812879) does not teach the sleeping quilt of the claimed invention. Lamke teaches a sleeping quilt that can be affixed to a mattress layer via a first and second connector. In combination with Ambuske, we attain a multilayer mattress, with connects of both lengths with a sleeping bag that is affixed to a mattress.
Conclusion
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 JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
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 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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/DAVID R HARE/Primary Examiner, Art Unit 3673
7/11/2026
JOSEANE E. TEJADA
Examiner
Art Unit 3673
/JOSEANE E. TEJADA/Examiner, Art Unit 3673
Prosecution Insights