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) 1-3, 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 Born (US11812879B2).
Regarding claim 1,
Ambuske teaches (Original) 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: 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).
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.
Born teaches and a sleeping quilt (Born: FIG. 5B [Col. 5 50-52] sheet layer 16 may include a fitted sheet 16a and a cover sheet 16b), the sleeping quilt including a portion of the third connector and a portion of the fourth connector which are complementary and connectable, respectively (Born: FIG. 5B [Col. 5 7-9] zipper portion 42a also has a pair of sliders 46a, 46b with slider 46a), 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 (Born: FIG. 5B [Col. 5 7-9] zipper portion 42a also has a pair of sliders 46a, 46b with slider 46a).
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 in view of Born directed to including zippers to be used to secure a cover sheet to a foam layer. A person having ordinary skill in the art would have been motivated to make this modification in order to secure a cover sheet does not move with respect to other sheets (Born: [Col. 6 64-65]).
Regarding claim 2,
Ambuske, as modified, teaches (New) 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 (New) The sleep system of claim 1.
Ambuske, as modified, does not teach wherein the sleeping quilt is formed into a bag.
Born teaches wherein the sleeping quilt is formed into a bag (Born: FIG. 7A [Col. 8 25-26] rolled up bedding system 10 into a duffel bag 84).
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 in view of Born directed to roll a bedding system into a transport. A person having ordinary skill in the art would have been motivated to transport a bedding system with ease (Born: [Col. 8 25-30]).
Regarding claim 7,
Ambuske, as modified, teaches (New) The sleep system of claim 1.
Ambuske, as modified, does not explicitly teach wherein the first layer of padding is twice the thickness of the second layer of padding.
However, it has been held in In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In this case, there is no unexpected or significant result to having the first layer of padding being twice the thickness of the second layer of padding.
Regarding claim 11,
Ambuske teaches (New) 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 (Ambuske: FIG. 1 [0024] foam layer 14 is stacked above the platform 16 along the vertical direction 12a), the second layer of padding including a viscoelastic foam (Ambuske: FIG. 1 [0024] foam layer 14).
Ambuske, as modified, does not teach a sleeping quilt, the sleeping quilt comprising an insulated blanket; wherein the first layer of padding is connectable to the second layer of padding 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.
Born teaches a sleeping quilt (Born: FIG. 5B [Col. 5 50-52] sheet layer 16 may include a fitted sheet 16a and a cover sheet 16b), the sleeping quilt comprising an insulated blanket (Born: FIG. 5B [Col. 5 52-55] sheets 16a, 16b may be made from any materials known in the art, such as flannel, cotton or silk); wherein the first layer of padding is connectable to the second layer of padding and to the sleeping quilt (Born: FIG. 5B [Col. 5 7-9] zipper portion 42a also has a pair of sliders 46a, 46b with slider 46a); wherein the second layer of padding is connectable to the first layer of padding and to the sleeping quilt (Born: FIG. 5B [Col. 5 56-57] insulation layer 18 may include a down quilt 18a and a synthetic quilt 18b); and wherein the sleeping quilt is connectable to the first layer of padding or to the second layer of padding (Born: FIG. 5B [Col. 6 16-17] top layer 20 to the base shell 12 by connecting the fastener portion 42b).
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 in view of Born directed to having varying sleeping quilts and layers. A person having ordinary skill in the art would have been motivated to have a variety to sleeping quilts for user comfort (Born: [Col. 1 25-30]).
Regarding claim 12,
Ambuske, as modified, teaches (New) 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 (New) The sleep system of claim 11.
Ambuske, as modified, does not teach wherein the first sleeping quilt is further connectable to a second sleeping quilt.
Born teaches wherein the first sleeping quilt is further connectable to a second sleeping quilt (Born: FIG. 5B [Col. 5 56-57] insulation layer 18 may include a down quilt 18a and a synthetic quilt 18b).
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 in view of Born directed to including zippers to be used to secure a cover sheet to a foam layer. A person having ordinary skill in the art would have been motivated to make this modification in order to secure a cover sheet does not move with respect to other sheets (Born: [Col. 6 64-65]).
Regarding claim 16,
Ambuske, as modified, teaches (New) The sleep system of claim 11.
Ambuske, as modified, does not teach wherein the sleeping quilt is formed into a bag.
Born teaches wherein the sleeping quilt is formed into a bag (Born: FIG. 7A [Col. 8 25-26] rolled up bedding system 10 into a duffel bag 84).
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 in view of Born directed to roll a bedding system into a transport. A person having ordinary skill in the art would have been motivated to transport a bedding system with ease (Born: [Col. 8 25-30]).
Regarding claim 17,
Ambuske, as modified, teaches (New) The sleep system of claim 11.
Ambuske, as modified, does not teaches wherein the first layer of padding is twice the thickness of the second layer of padding.
However, it has been held in In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In this case, there is no unexpected or significant result to having the first layer of padding being twice the thickness of the second layer of padding.
Claim(s) 4-5, 8-10, 14-15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ambuske (US20200221884A1) in view of Born (US11812879B2) in further view of Hill (US20190290032A1).
Regarding claim 4,
Ambuske, as modified, teaches (New) The sleep system of claim 1.
Ambuske, as modified, does not teach wherein the second layer of padding includes a hood.
Hill teaches wherein the second layer of padding includes a hood (Hill: FIG. 1 [0055] head opening 119).
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 Hill directed to including a head opening for a user to sleep in. A person having ordinary skill in the art would have been motivated to make this modification in order to include a head opening in a sleeping bag (Hill: [0055]).
Regarding claim 5,
Ambuske, as modified, teaches (New) The sleep system of claim 4.
Ambuske, as modified, does not teach wherein the hood includes a cinch cord.
Hill teaches wherein the hood includes a cinch cord (Hill: FIG. 1A [0055] head opening 119 of the top flap 114 may comfortably seal around the neck of the user 130).
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 Hill directed to including a head opening for a user to sleep in. A person having ordinary skill in the art would have been motivated to make this modification in order to include a head opening in a sleeping bag with methods of securing the sleeping bag to the head (Hill: [0055]).
Regarding claim 8,
Ambuske, as modified, teaches (New) The sleep system of claim 1.
Ambuske, as modified, does not teach wherein the sleeping quilt includes a footbox.
Hill teaches wherein the sleeping quilt includes a footbox (Hill: FIG. 3 [0050] sleeping bag may be closed at the foot and on the sides by a zipper or other type of fastener).
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 Hill directed to including a footbox for a user to sleep in. A person having ordinary skill in the art would have been motivated to make this modification in order to include a footbox in a sleeping bag to enclose the foot area for a user (Hill: [0032]).
Regarding claim 9,
Ambuske, as modified, teaches (New) 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.
Hill teaches wherein the footbox extends past a termination of the third connector and the fourth connector (Hill: FIG. 3 [0032] sleeping bag may be closed at the foot and on the sides by a zipper or other type of fastener).
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 Hill directed to including a footbox with a fastener for a user to sleep in. A person having ordinary skill in the art would have been motivated to make this modification in order to include a footbox with a fastener in a sleeping bag to enclose the foot area for a user (Hill: [0032]).
Regarding claim 10,
Ambuske, as modified, teaches (New) 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.
Born teaches wherein the footbox is tapered to have a width that is less than a width of the sleeping quilt (Born: FIG. 5B [Col. 7 67, Col. 8 1] the movement seams 76 near the foot portion 12d of the bedding system 10 allow the user more room for his feet).
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 in view of Born directed to having a foot portion. A person having ordinary skill in the art would have been motivated to include a dedicated foot portion to have room in the foot area (Born: [Col. 7 67]).
Regarding claim 14,
Ambuske, as modified, teaches (New) The sleep system of claim 11.
Ambuske, as modified, does not teach wherein the second layer of padding includes a hood.
Hill teaches wherein the second layer of padding includes a hood (Hill: FIG. 1 [0055] head opening 119).
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 Hill directed to including a head opening for a user to sleep in. A person having ordinary skill in the art would have been motivated to make this modification in order to include a head opening in a sleeping bag (Hill: [0055]).
Regarding claim 15,
Ambuske, as modified, teaches (New) The sleep system of claim 14.
Ambuske, as modified, does not teach wherein the hood includes a cinch cord.
Hill teaches wherein the hood includes a cinch cord (Hill: FIG. 1A [0055] head opening 119 of the top flap 114 may comfortably seal around the neck of the user 130).
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 Hill directed to including a head opening for a user to sleep in. A person having ordinary skill in the art would have been motivated to make this modification in order to include a head opening in a sleeping bag with methods of securing the sleeping bag to the head (Hill: [0055]).
Regarding claim 18,
Ambuske, as modified, teaches (New) The sleep system of claim 11.
Ambuske, as modified, does not teach wherein the sleeping quilt includes a footbox.
Hill teaches wherein the sleeping quilt includes a footbox (Hill: FIG. 3 [0050] sleeping bag may be closed at the foot and on the sides by a zipper or other type of fastener).
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 Hill directed to including a footbox in a sleeping bag. A person having ordinary skill in the art would have been motivated to make this modification in order to include a footbox in a sleeping bag to securely enclose the foot area for a user (Hill: [0049]).
Regarding claim 19,
Ambuske, as modified, teaches (New) The sleep system of claim 18.
Ambuske, as modified, does not teach wherein the footbox extends past a termination of the third connector and the fourth connector.
Hill teaches wherein the footbox extends past a termination of the third connector and the fourth connector (Hill: FIG. 3 [0050] sleeping bag may be closed at the foot and on the sides by a zipper or other type of fastener).
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 Hill directed to including a footbox past the sleeping bag fastener. A person having ordinary skill in the art would have been motivated to make this modification in order to include a footbox in a sleeping bag to securely enclose the foot area for a user (Hill: [0049]).
Regarding claim 20,
Ambuske, as modified, teaches (New) The sleep system of claim 18.
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.
Born teaches wherein the footbox is tapered to have a width that is less than a width of the sleeping quilt (Born: FIG. 5B [Col. 7 67, Col. 8 1] the movement seams 76 near the foot portion 12d of the bedding system 10 allow the user more room for his feet).
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 in view of Born directed to having a foot portion. A person having ordinary skill in the art would have been motivated to include a dedicated foot portion to have room in the foot area (Born: [Col. 7 67]).
Conclusion
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.
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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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/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
2/6/2026