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 .
Terminal Disclaimer
The terminal disclaimer filed on 8/03/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12,325,168 has been reviewed and is NOT accepted.
The terminal disclaimer does not comply with 37 CFR 1.321 because:
This application was filed on or after September 16, 2012. The person who signed the terminal disclaimer is not the applicant, the patentee or an attorney or agent of record. See 37 CFR 1.321(a) and (b).
It should be noted that applicant is not required to pay another disclaimer fee as set forth in 37 CFR 1.20(d) when submitting a replacement or supplemental terminal disclaimer.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 11-14 of U.S. Patent No. 12,325,168. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application 18/960,808
Issued Patent US 12,325,168
1. A method of making a mesh cushion comprising:
extruding a material through a plurality of filament forming openings in a die plate to form a plurality of filaments;
depositing the [plurality of] filaments on a first roller and a second roller, wherein the first roller is rotatable about a first axis and defines a first recess, and the second roller is rotatable about a second axis and defines a second recess; and
rotating the first roller and the second roller to direct the filaments into the first recess and the second recess and through a gap between the first roller and the second roller, thereby forming the [plurality of] filaments into the mesh cushion having a variable cross-sectional shape.
1. A method of making a mesh cushion, comprising:
extruding a material through a plurality of filament forming openings in a die plate to form a plurality of filaments;
depositing the plurality of filaments on a first roller and a second roller, wherein the first roller is rotatable about a first axis and defines a first recess and a first end plate, and the second roller is rotatable about a second axis and defines a second recess; and
directing the plurality of filaments into the first recess, the second recess and through a gap between the first roller and the second roller based on a rotation of the first roller and the second roller, and the first end plate overlapping at least a portion of the second roller, thereby forming the plurality of filaments into the mesh cushion having a variable cross-sectional shape.
Note: Claim 1 of the issued patent discloses all the limitations of claim 1 of the instant application, but does not disclose “rotating the first roller and the second roller to direct the filaments into the first recess and the second recess and through a gap between the first roller and the second roller”. However, claim 1 of the issued patent discloses “directing the plurality of filaments into the first recess, the second recess and through a gap between the first roller and the second roller based on a rotation of the first roller and the second roller” which is substantially similar thereto. Hence, claim 1 of the issued patent is not patentably distinct from claim 1 of the instant application.
2. The method of claim 1 wherein the first and second rollers are spaced apart from and positioned below the die plate.
Note: The claims of the issue patent does not disclose the first and second rollers are spaced apart from and positioned below the die plate. However, claim 1 of the issued patent discloses the plurality of filaments are deposited on the first and second rollers and directed into a gap therebetween via rotation of the first and second rollers. It would have been obvious for one skilled in the art to have positioned the first and second rollers below the die plate to gravity feed the plurality of filaments to the first and second rollers. Doing so would provide the benefit of not needing additional a support for the plurality of filaments to the first and second rollers.
3. The method of claim 1 wherein the [plurality of] filaments are deposited while the first roller and the second roller are rotating.
2. The method of claim 1, wherein the plurality of filaments is deposited on the first roller and the second roller while the first roller and the second roller are rotating.
Note: Claim 2 of the issued patent is not patentably distinct from claim 3 of the instant application.
4. The method of claim 1 wherein the first recess and the second recess do not have mirror symmetry.
3. The method of claim 1, wherein the first recess and the second recess do not have mirror symmetry.
Note: Claim 3 of the issued patent is not patentably distinct from claim 4 of the instant application.
5. The method of claim 1 wherein the first roller includes a first center portion from which the first recess extends and a first end plate that is rotatable about the first axis with the first center portion and extends further from the first axis than the first center portion, wherein the first end plate overlaps the second roller to direct [the plurality of] filaments into the gap between the first and second rollers.
4. The method of claim 1, wherein the first roller includes a first center portion from which the first recess extends and the first end plate that is rotatable about the first axis with the first center portion, and wherein the first end plate extends further than the first center portion.
Note: Claim 4 of the issued patent is not patentably distinct from claim 5 of the instant application.
6. The method of claim 5 wherein the second roller includes a second center portion from which the second recess extends and a second end plate that is rotatable about the second axis with the second center portion and extends further from the second axis than the second center portion, wherein the second end plate overlaps the first roller to direct [ the plurality of] filaments into the gap between the first and second rollers.
5. The method of claim 4, wherein the second roller includes a second center portion from which the second recess extends and a second end plate that is rotatable about the second axis with the second center portion, wherein the second end plate extends further than the second center portion, and wherein the second end plate overlaps at least a portion of the first roller to direct the plurality of filaments into the second recess and the gap between the first roller and the second roller.
Note: Claim 5 of the issued patent is not patentably distinct from claim 6 of the instant application.
7. The method of claim 6 wherein the first end plate of the first roller and the second end plate of the second roller overlap each other to direct [the plurality of] filaments into the gap between the first and second rollers.
6. The method of claim 5, wherein the first end plate of the first roller and the second end plate of the second roller overlap each other to direct the plurality of filaments into the first recess, the second recess and the gap between the first roller and the second roller.
Note: Claim 6 of the issued patent is not patentably distinct from claim 7 of the instant application.
8. The method of claim 1 wherein at least a portion of the first roller and the second roller are positioned above a funnel that defines a funnel opening through which the material passes.
11. The method of claim 1, wherein at least a portion of the first roller and the second roller are positioned above a funnel that defines a funnel opening through which the material passes.
Note: Claim 11 of the issued patent is not patentably distinct from claim 8 of the instant application.
9. The method of claim 8 wherein the [plurality of] filaments that are extruded through the die plate are provided to a chamber that is partially defined by a housing that extends between the die plate and the funnel.
12. The method of claim 11, wherein the plurality of filaments that are extruded through the die plate are provided to a chamber that is partially defined by a housing that extends between the die plate and the funnel.
Note: Claim 12 of the issued patent is not patentably distinct from claim 9 of the instant application.
10. The method of claim 9 wherein the first roller and the second roller are at least partially received in the chamber.
13. The method of claim 12, wherein the first roller and the second roller are at least partially received in the chamber.
Note: Claim 13 of the issued patent is not patentably distinct from claim 10 of the instant application.
11. The method of claim 9 wherein an environmental control subsystem controls temperature and humidity of air in the chamber to control thickness of the [plurality of] filaments.
14. The method of claim 12, wherein an environmental control subsystem comprises a temperature sensor to control temperature of air in the chamber and a humidity sensor to control humidity of the air in the chamber to control thickness of the plurality of filaments.
Note: Claim 14 of the issued patent is not patentably distinct from claim 11 of the instant application.
Claims 12-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 4 of U.S. Patent No. 12,479,143. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application 18/960,808
Issued Patent US 12,479,143
12. A method of making a mesh cushion comprising:
extruding a material through a plurality of filament forming openings in a die plate to form a plurality of filaments;
directing the [plurality of] filaments into a funnel to consolidate and engage the [plurality of] filaments;
depositing the [plurality of] filaments into a mold; and
at least partially submerging the mold into a fluid to cool and harden the filaments into the mesh cushion.
1. A method of making a mesh cushion, comprising:
extruding a material through a plurality of filament forming openings in a die plate to form a plurality of filaments;
directing the plurality of filaments into a funnel to consolidate and engage the plurality of filaments;
depositing the plurality of filaments into a mold that is at least partially submerged into a fluid to cool and harden the plurality of filaments into the mesh cushion.
Note: Hence, Claim 1 of the issued patent is not patentably distinct from claim 12 of the instant application.
13. The method of claim 12 wherein the mold is disposed on a conveyor and the conveyor moves the mold into the fluid.
2. The method of claim 1, wherein the mold is disposed on a conveyor that is configured to move the mold into the fluid.
Note: Claim 2 of the issued patent is not patentably distinct from claim 13 of the instant application.
14. The method of claim 12 wherein the mold is partially received in the fluid when the [plurality of] filaments are deposited.
1. …depositing the plurality of filaments into a mold that is at least partially submerged into a fluid to cool and harden the plurality of filaments into the mesh cushion.
Note: Claim 11 of the issued patent is not patentably distinct from claim 14 of the instant application.
15. The method of claim 12 wherein the [plurality of] filaments that are extruded through the die plate are provided to a chamber that includes a housing that extends between the die plate and the funnel.
4. The method of claim 1, wherein the plurality of filaments that is extruded through the die plate is provided to a chamber that includes a housing that extends between the die plate and the funnel.
Note: Claim 4 of the issued patent is not patentably distinct from claim 15 of the instant application.
Response to Amendment
The Amendment filed 6/26/2026 has been entered. Claims 1-20 have been amended. Claims 16-20 were previously indicated as allowable. Applicant’s amendment and corresponding arguments, see page 6, with respect to claims 1-11 have been considered but are sufficient in light of the improperly filed Terminal Disclaimer. Hence, the double patenting rejection is maintained. Applicant’s amendment to the Claims have overcome each and every objection set forth in the non-Final Office action previously mailed on 3/26/2026.
Allowable Subject Matter
Claims 16-20 are allowed.
The following is an examiner’s statement of reasons for allowance: Claim 16 is allowable for requiring:
“…at least partially submerging the mold into a fluid to cool and harden the plurality of filaments, thereby forming the plurality of filaments into the mesh cushion,
wherein the robotic manipulator moves the die plate when depositing the plurality of filaments to vary a filament density of the mesh cushion.”
and is allowable for the same reasons as discussed in parent application 18/082,978.
The closest prior art, Morimura (JP 2019210565 A), teaches a method of making a mesh cushion (paragraph 0001, method for manufacturing a three-dimensional network structure; paragraph 0141, such as cushions) comprising: extruding a material (molten resin 22B in Figures 1-2) through a plurality of filament forming openings in a die plate (extrusion holes 24B of 24A; paragraph 0048) to form a plurality of filaments (filaments 5A); and directing the filaments into a funnel to consolidate and engage the filaments (guide portions 3A, 3B in Figures 2-3; paragraph 0009). However, Morimura neither teaches nor suggests depositing the filaments into a mold; and at least partially submerging the mold into a fluid to cool and harden the filaments into the mesh cushion. Nor does Morimura teach or suggest the die plate is coupled to a robotic manipulator that is configured to move the die plate along a plurality of axes to vary a filament density of the mesh cushion.
Another prior art , Swanson (US 4,751,029 A), is referenced for disclosing depositing filaments into a mold (ribbon of plastic 79, 79a, 79b extruded by extruders 70, 70a, 70b into mold 30 in Figure 9; col. 11, line 60 to col. 12, line 12); and at least partially submerging the mold into a fluid to cool and harden the filaments (col. 10, lines 41-59). Swanson discloses is the cooling process is accelerated by submerging the mold (col. 10, lines 58-59). However, Swanson fails to teach or suggest the mold is partially received in the fluid when the filaments are deposited. In fact, Swanson discloses the cooling process initiated only after the mold has been charged with material and further the cooling process is delayed to ensure the material has migrated to all available space within the mold (col. 10, lines 41-45). Hence, one skilled in the art would not benefit from positioning the mold within the fluid during the deposition of the filament therein.
Claims 17-20 are allowable at least for depending on claim 16.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. 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 Virak Nguon whose telephone number is (571)272-4196. The examiner can normally be reached Monday-Thursday (and alternate Fridays) 7:30-5:00.
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/VIRAK NGUON/Examiner, Art Unit 1741 9/03/2026
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