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 .
Claims 1-15 are pending.
Claims 1-15 have been examined.
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) 1-4, 6-12, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wootten, Jr. (US 2013/0263377) (“Wootten”) in view of Roberts et al. (CA 2421739) (“Roberts”). Wootten teaches a cushion (fig. 14: 10) comprising at least two compartments separated by a dividing wall (compartements separated by dividing walls 24), each compartment having one or more inserts (fig. 14: A-D), the cushion being such that it can be opened to access the inserts and subsequently closed (fig. 6: 20, 22), the cushion also being such that when closed the inserts are not able to move into a neighboring one of the compartments due, at least in part, to the wall (as shown in fig. 14). Wootten does not teach wherein the inserts are bladders filled to 5-35% of their volumetric capacity. However, Roberts teaches using inflatable bladder inserts in a cushion (fig. 1: 14, 16, 18) which may be selectively filled to 1/3 of the total volume (paragraphs 0035-0038). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide inflatable bladders as inserts in order to provide an adjustable amount of support desired.
As concerns claims 2-4, Wootten, as modified, does not expressly teach filling the bladders between 10-15%, 15-25% or 10-20% of their volumetric capacity. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to try these amounts in order to provide the desired support.
As concerns claim 6, Wootten, as modified, teaches two or three compartments, each compartment having one or more of the bladders (fig. 14).
As concerns claim 7, Wootten, as modified, does not teach four compartments. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to try providing four compartments, as a mere duplication of parts, in order to provide the desired amount of support.
As concerns claim 8, Wootten, as modified, teaches wherein at least one of the compartments contains more bladders (fig. 14: middle compartment) than another of the compartments.
As concerns claim 9-11, 14 and 15, Wootten, as modified, does not expressly teach the use of the loose cushion on a seat, a backrest or a wheelchair. However, these are considered normal and logical uses for placement of a cushion to cushion a user. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to try using the cushion in/on these locations or seating devices in order to provide the desired support.
As concerns claim 12, Wootten, as modified, teaches wherein the cushion is formed of sufficient size and with sufficient of the compartments and bladders to provide a mattress (as discussed in Wootten, paragraph 0073).
Claim(s) 1, 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wootten, Jr. (US 2013/0263377) (“Wootten”) in view of Pearce (US 5592706). Wootten teaches a cushion (fig. 14: 10) comprising at least two compartments separated by a dividing wall (compartements separated by dividing walls 24), each compartment having one or more inserts (fig. 14: A-D), the cushion being such that it can be opened to access the inserts and subsequently closed (fig. 6: 20, 22), the cushion also being such that when closed the inserts are not able to move into a neighboring one of the compartments due, at least in part, to the wall (as shown in fig. 14). Wootten does not teach wherein the inserts are bladders filled to 5-35% of their volumetric capacity. However, Pearce teaches using inflatable bladder inserts in a cushion (fig. 2: 2) which may be selectively filled to 1/3 of the total volume (Col. 5, line 44). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide inflatable bladders as inserts in order to provide the amount of support desired.
As concerns claim 5, Wootten, as modified, teaches wherein the bladders are permanently sealed such that air cannot be added or removed from them.
As concerns claim 13, Wootten, as modified, teaches one or more of the bladders takes up 10-20% of the volumetric capacity of said bladder(s) (Pearce, Col. 4, line 46); wherein the bladders are permanently sealed such that air cannot be added or removed from them; the cushion has two or three compartments each having one or more bladders (Wootten, fig. 14); one of the compartments, or at least one of them, if there are more than two, contains more of the bladders than another of the compartments (shown in Wootten, fig. 14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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