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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sopher (US20200022505A1).
Regarding claim 1,
Sopher teaches A bed covering for a mattress, the mattress having a top, a left side, a right side, a head, and a foot (Sopher: FIG. 1C [0062] mattress 2), the bed covering comprising: a bed topper configured to cover the top of the mattress (Sopher: FIG. 1C [0083] exterior surface portion 72); a left side cover coupled to the bed topper, said left side cover configured to cover the left side of the mattress (Sopher: FIG. 1C [0083] first peripheral edge 76A foot end 78A); a right side cover coupled to the bed topper (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A), said right side cover configured to cover the right side of the mattress (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A); and a convertible foot cover coupled to the bed topper (Sopher: FIG. 1C [0083] foot end 78A), said convertible foot cover including a foot-left side couple and a foot-right side couple, said foot- left side couple configured to removably couple with a forward portion of the left side cover (Sopher: FIG. 1C [0083] foot end 78A), said foot-right side couple configured to removably couple with a forward portion the left side cover (Sopher: FIG. 1C [0083] foot end 78A), the bed covering reconfigurable between a fitted configuration where the foot-left side couple and the foot-right side couple are coupled with the forward portions of the left side cover and right side cover (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A), respectively, and a flat configuration where the foot-left side couple and foot-right side couple are decoupled from the forward portions of the left side cover and right side cover (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A), respectively.
Regarding claim 2,
Sopher teaches The bed covering of claim 1, wherein the left side cover includes a left side-foot couple configured to removably couple with the foot-left side couple of the convertible foot cover (Sopher: FIG. 1C [0083] first peripheral edge 76A foot end 78A); and wherein the right side cover includes a right side-foot couple configured to removably couple with the foot-right side couple of the convertible foot cover (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A).
Regarding claim 3,
Sopher teaches The bed covering of claim 2, wherein the foot-left side couple (Sopher: FIG. 18 [0083] first peripheral edge 76A head end 78A) of the convertible foot cover includes a plurality of first fastener halves (Sopher: FIG. 1C [0092] first bedding element 330 also includes button holes 360 to receive buttons 366), and the foot-right side (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A) couple of the convertible foot cover includes a plurality of second fastener halves (Sopher: FIG. 1C [0069] a closure interconnected to adjacent sides of one or more of the slots 56); wherein the left side-foot couple (Sopher: FIG. 18 [0083] first peripheral edge 76A foot end 78A) includes a plurality of third fastener halves (Sopher: FIG. 1C [0092] second and third two-part closures 42, 44 of bedding system 12), each configured to individually mate with any of the plurality of first fastener halves (Sopher: FIG. 18 [0069] a closure interconnected to adjacent sides of one or more of the slots 56) of the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A); and wherein the right side-foot couple (Sopher: FIG. 18 [0083] second peripheral edge 76B foot end 78A) includes a plurality of fourth fastener halves (Sopher: FIG. 1C [0092] fourth two-part closure 46 of bedding system 12), each configured to individually mate with any of the plurality of second fastener halves of the convertible foot cover (Sopher: FIG. 18 [0092] second and third two-part closures 42, 44 of bedding system 12).
Regarding claim 4,
Sopher teaches The bed covering of claim 1, wherein the left side-foot couple coupled to the foot- left side couple (Sopher: FIG. 1C [0083] first peripheral edge 76A foot end 78A) and the right side-foot couple coupled to the foot-right side couple (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A) are together configured to be hidden from view when the bed covering is in its fitted configuration and placed at least one of face up or face down upon a bed (Sopher: FIG. 1C [0069] panels 52, 54 may drape at least partially down against the sidewalls 4).
Regarding claim 5,
Sopher teaches The bed covering of claim 1, wherein the left side-foot couple and the foot-left side couple (Sopher: FIG. 1C [0083] first peripheral edge 76A foot end 78A) are both attached to a left foot placard (Sopher: FIG. 1C [0069] lots 56 may be formed proximate to corners of the first bedding element 30), which is affixed to both the forward portion of the left side cover (Sopher: FIG. 1C [0083] first peripheral edge 76A) and a left portion of the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A); and wherein the right side-foot couple and the foot- right side couple are both attached to a right foot placard (Sopher: FIG. 1C [0069] lots 56 may be formed proximate to corners of the first bedding element 30), which is affixed to both the forward portion of the right side cover (Sopher: FIG. 1C [0083] first peripheral edge 76B) and a right portion of the convertible foot cover (Sopher: FIG. 1C [0069] lots 56 may be formed proximate to corners of the first bedding element 30).
Regarding claim 6,
Sopher teaches The bed covering of claim 1, further comprising: a first alignment cut between the left side cover (Sopher: FIG. 1C [0083] first peripheral edge 76A) and a left side of the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A); and a second alignment cut between the right side cover and a right side of the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A).
Regarding claim 7,
Sopher teaches The bed covering of claim 1, wherein the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A) extends further away from the bed topper than each of the left side cover and the right side cover (Sopher: FIG. 1C [0083] first and second peripheral edge 76A 76B), when the bed covering is in its flat configuration (Sopher: FIG. 1C [0069] panels 52, 54 may drape at least partially down against the sidewalls 4).
Regarding claim 8,
Sopher teaches The bed covering of claim 1, wherein the bed topper (Sopher: FIG. 1C [0083] exterior surface portion 72), the left side cover (Sopher: FIG. 1C [0083] first peripheral edge 76A), the right side cover (Sopher: FIG. 1C [0083] first peripheral edge 76B), and the convertible foot cover are integrated together from a single textile sheet (Sopher: FIG. 1C [0083] exterior surface portion 72).
Regarding claim 9,
Sopher teaches The bed covering of claim 1, wherein the bed topper includes a duvet cavity bound by an upper fabric layer and a lower fabric layer joined together on a head side, a left side (Sopher: FIG. 1C [0083] first peripheral edge 76A), and a right side of the bed covering (Sopher: FIG. 1C [0083] first peripheral edge 76B), said cavity configured to receive and cover a duvet insert (Sopher: FIG. 1C [0082] the second bedding element 70 is a duvet-type cover comprising two or more layers that define a cavity or pocket 80).
Regarding claim 10,
Sopher teaches The bed covering of claim 9, wherein the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A) includes cover opening bound by the upper fabric layer and the lower fabric layer extending from the bed topper (Sopher: FIG. 1C [0083] exterior surface portion 72) and joined together on a left side and a right side of the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A), said cover opening configured to receive and communicate the duvet insert into the bed topper (Sopher: FIG. 1C [0082] the second bedding element 70 is a duvet-type cover comprising two or more layers that define a cavity or pocket 80).
Regarding claim 11,
Sopher teaches The bed covering of claim 1, further comprising a convertible head cover coupled to the bed topper (Sopher: FIG. 1C [0083] exterior surface portion 72), said convertible head cover including a head-left side couple and a head-right side couple, said head-left side couple (Sopher: FIG. 1C [0083] first peripheral edge 76A head end 78B) configured to removably couple with a back portion of the left side cover, said head-right side couple (Sopher: FIG. 1C [0083] second peripheral edge 76B head end 78B) configured to removably couple with a back portion the left side cover (Sopher: FIG. 1C [0069] a closure interconnected to adjacent sides of one or more of the slots 56); and wherein the fitted configuration of the bed covering is further defined by both the head-left side couple (Sopher: FIG. 1C [0083] first peripheral edge 76A head end 78B) and head-right side couple (Sopher: FIG. 1C [0083] second peripheral edge 76B head end 78B) being coupled with the back portions of the left side cover and right side cover (Sopher: FIG. 1C [0069] a closure interconnected to adjacent sides of one or more of the slots 56), respectively, and the flat configuration is further defined by the foot-left side couple and foot-right side couple being decoupled from the back portions of the left side covers and right side cover, respectively (Sopher: FIG. 1C [0069] a closure interconnected to adjacent sides of one or more of the slots 56).
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) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sopher (US20200022505A1) in view of Smith (US6161235A).
Regarding claim 12,
Sopher teaches The bed covering of claim 1.
Sopher does not teach a bed covering anchor including a plurality of couple connectors and a means to anchor said couple connectors to the bed; and, a bed covering couple including a plurality of bed covering interfaces and a plurality of anchor breakaways affixed to at least one bed covering interface, each bed covering interface configured to attach to the bed covering, each anchor breakaway configured to removably couple with a respective couple connector of a bed covering anchor, and to manually decouple from said respective couple connector.
Smith teaches a bed covering anchor (Smith: FIG. 3 [Col. 2 10] V-shaped fastener structure 18) including a plurality of couple connectors and a means to anchor said couple connectors to the bed; and, a bed covering couple including a plurality of bed covering interfaces (Smith: FIG. 3 [Col. 2 26] fastener post 40) and a plurality of anchor (Smith: FIG. 3 [Col. 2 10-11] V-shaped fastener structure 18) breakaways affixed to at least one bed covering interface (Smith: FIG. 3 [Col. 2 10] two-posted fastener member 20 at the end of each branch), each bed covering interface (Smith: FIG. 3 [Col. 2 10-11] two-posted fastener member 20 at the end of each branch) configured to attach to the bed covering, each anchor breakaway (Smith: FIG. 3 [Col. 2 10-11] V-shaped fastener structure 18) configured to removably couple with a respective couple connector of a bed covering anchor (Smith: FIG. 3 [Col. 2 10-11] V-shaped fastener structure 18), and to manually decouple from said respective couple connector.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sopher in view of Smith directed to including a bed cover with fastener post and fastener structures. A person having ordinary skill in the art would have been motivated to make this modification in order to fix the bed sheet to the mattress using fasteners (Smith: [Abs.]).
Regarding claim 13,
Sopher teaches The bed covering of claim 3, further comprising: a first alignment cut between the left side cover and a left side of the convertible foot cover (Sopher: FIG. 1C [0083] first peripheral edge 76A foot end 78A); a second alignment cut between the right side cover (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A) and a right side of the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A); a convertible head cover coupled to the bed topper (Sopher: FIG. 1C [0083] exterior surface portion 72), said convertible head cover including a head-left side couple and a head-right side couple, said head-left side couple configured to removably couple with a back portion of the left side cover, said head-right side couple configured to removably couple with a back portion the left side cover (Sopher: FIG. 1C [0083] second peripheral edge 76B head end 78B); and to manually decouple from said respective couple connector; and wherein the left side-foot couple coupled to the foot-left side couple and the right side-foot couple coupled to the foot-right side couple are together configured to be hidden from view when the bed covering is in its fitted configuration and placed at least one of face up or face down upon a bed; wherein the left side-foot couple and the foot-left side couple are both attached to a left foot placard (Sopher: FIG. 1C [0069] lots 56 may be formed proximate to corners of the first bedding element 30), which is affixed to both the forward portion of the left side cover and a left portion of the convertible foot cover; wherein the right side-foot couple and the foot- right side couple are both attached to a right foot placard (Sopher: FIG. 1C [0069] lots 56 may be formed proximate to corners of the first bedding element 30), which is affixed to both the forward portion of the right side cover and a right portion of the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A); wherein the convertible foot cover extends further away from the bed topper than each of the left side cover and the right side cover (Sopher: FIG. 1C [0083] foot end 78A), when the bed covering is in its flat configuration; wherein the bed topper, the left side cover, the right side cover, and the convertible foot cover are integrated together from a single textile sheet; wherein the bed topper includes a duvet cavity bound (Sopher: FIG. 1C [0082] the second bedding element 70 is a duvet-type cover comprising two or more layers that define a cavity or pocket 80) by an upper fabric layer and a lower fabric layer joined together on a head side, a left side, and a right side of the bed covering, said cavity configured to receive and cover a duvet insert (Sopher: FIG. 1C [0082] the second bedding element 70 is a duvet-type cover comprising two or more layers that define a cavity or pocket 80); wherein the convertible foot cover (Sopher: FIG. 1C [0083] foot end 78A) includes cover opening bound by the upper fabric layer and the lower fabric layer extending from the bed topper and joined together on a left side and a right side of the convertible foot cover, said cover opening configured to receive and communicate the duvet insert into the bed topper (Sopher: FIG. 1C [0083] exterior surface portion 72); and wherein the fitted configuration of the bed covering is further defined by both the head-left side couple and head-right side couple being coupled with the back portions of the left side cover and right side cover (Sopher: FIG. 1C [0083] first peripheral edge 76A foot end 78A), respectively, and the flat configuration is further defined by the foot-left side couple and foot-right side couple being decoupled from the back portions of the left side covers and right side cover (Sopher: FIG. 1C [0069] a closure interconnected to adjacent sides of one or more of the slots 56), respectively.
Sopher does not teach a bed covering anchor including a plurality of couple connectors and a means to anchor said couple connectors to the bed; and, a bed covering couple including a plurality of bed covering interfaces and a plurality of anchor breakaways affixed to at least one bed covering interface, each bed covering interface configured to attach to the bed covering, each anchor breakaway configured to removably couple with a respective couple connector of a bed covering anchor.
Smith teaches a bed covering anchor including a plurality of couple connectors and a means to anchor (Smith: FIG. 3 [Col. 2 10] V-shaped fastener structure 18) said couple connectors to the bed; and, a bed covering couple including a plurality of bed covering interfaces (Smith: FIG. 3 [Col. 2 10-11] two-posted fastener member 20 at the end of each branch) and a plurality of anchor (Smith: FIG. 3 [Col. 2 10] V-shaped fastener structure 18) breakaways affixed to at least one bed covering interface (Smith: FIG. 3 [Col. 2 10-11] two-posted fastener member 20 at the end of each branch), each bed covering interface (Smith: FIG. 3 [Col. 2 10-11] two-posted fastener member 20 at the end of each branch) configured to attach to the bed covering, each anchor (Smith: FIG. 3 [Col. 2 10] V-shaped fastener structure 18) breakaway configured to removably couple with a respective couple connector of a bed covering anchor (Smith: FIG. 3 [Col. 2 10] V-shaped fastener structure 18).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sopher in view of Smith directed to including a bed cover with fastener post and fastener structures. A person having ordinary skill in the art would have been motivated to make this modification in order to fix the bed sheet to the mattress using fasteners (Smith: [Abs.]).
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sopher (US20200022505A1) in view of Bauer (US20070151028A1).
Regarding claim 14,
Sopher teaches A bed covering for a mattress, the mattress having a top, a left side, a right side, a head, and a foot, the bed covering comprising: a base bed cover including a base bed topper, a partial left side cover (Sopher: FIG. 1C [0083] first peripheral edge 76A), a partial right side cover, and a first end couple (Sopher: FIG. 1C [0083] second peripheral edge 76B), said base bed topper configured to cover the top of the mattress (Sopher: FIG. 1C [0083] exterior surface portion 72), said partial left side cover extending from a left side of the base bed topper and configured to drape down and cover a majority of the left side of the mattress, said partial right side cover extending from a right side of the base bed topper and configured to drape down and cover a majority of the right side of the mattress (Sopher: FIG. 1C [0069] a closure interconnected to adjacent sides of one or more of the slots 56), and said first end couple affixed to and extending along a foot edge of the base bed topper (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A), the partial left side cover, and the partial right side cover of the base bed cover; a first convertible end cover configured to removably couple with the first end couple of the base bed cover (Sopher: FIG. 18 [0083] first peripheral edge 76A head end 78A), each affixed to the first end cover panel, said base couple configured to removably couple the first convertible end cover to the base bed topper, the partial left side cover (Sopher: FIG. 13 [0092] first bedding element 330 also includes button holes 360 to receive buttons 366), the partial left side cover (Sopher: FIG. 1C [0083] first peripheral edge 76A foot end 78A), and the partial right side cover of the base bed cover (Sopher: FIG. 1C [0083] second peripheral edge 76B foot end 78A).
Sopher does not teach said first convertible end cover further including a first base couple, a first left side couple, a first right side couple, a left end couple, and a right end couple, and the partial right side cover of the base bed cover via the end couple and proximate the foot edge of base bed cover, said left end couple and said right end couple extending along substantially an entire left edge and right edge of the stem of the first "T", respectively, said left side couple and said right side couple extending along the top of the first "T", orthogonally and outward from the left end couple and the right end couple, respectively, and said left end couple and said right end couple configured to removably couple with the left end couple and the right end couple, respectively.
Bauer teaches said first convertible end cover further including a first base couple, a first left side couple, a first right side couple, a left end couple, and a right end couple, and the partial right side cover of the base bed cover via the end couple and proximate the foot edge of base bed cover, said left end couple and said right end couple extending along substantially an entire left edge and right edge of the stem of the first "T" (Bauer: FIG. 1a [0050] sheet 100 contains left and right side expansion flaps 103a, 107a ), respectively, said left side couple and said right side couple extending along the top of the first "T" (Bauer: FIG. 1a [0066] foot end left side flap left corner 160 and foot end left side flap right corner 152), orthogonally and outward from the left end couple and the right end couple, respectively, and said left end couple and said right end couple configured to removably couple with the left end couple and the right end couple, respectively (Bauer: FIG. 1a [0050] Left side expansion flap top left corner 136a forms a substantially 90 degree angle at the intersection of left side expansion flap outer edge 132a with left side expansion flap top edge 148a).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sopher in view of Bauer directed to including an expansion panel located at the feet of a mattress sheet. A person having ordinary skill in the art would have been motivated to make this modification in order to create a zone of expansion to provide extra room for a sleepers feet (Bauer: [Abs.]).
Regarding claim 15,
Sopher teaches The bed covering of claim 14, wherein the left end couple of first convertible end cover includes a plurality of first fastener halves (Sopher: FIG. 13 [0092] first bedding element 330 also includes button holes 360 to receive buttons 366); wherein the right end couple of the first convertible end cover includes a plurality of second fastener halves (Sopher: FIG. 13 [0069] a closure interconnected to adjacent sides of one or more of the slots 56); wherein the left side couple includes a plurality of third fastener halves (Sopher: FIG. 13 [0069] a closure interconnected to adjacent sides of one or more of the slots 56), each configured to individually mate with any of the plurality of first fastener halves of the first convertible end cover; and wherein the right side couple includes a plurality of fourth fastener halves (Sopher: FIG. 13 [0092] fourth two-part closure 46 of bedding system 12), each configured to individually mate with any of the plurality of second fastener halves of the first convertible end cover (Sopher: FIG. 1C [0092] second and third two-part closures 42, 44 of bedding system 12).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sopher (US20200022505A1) in view of Bauer (US20070151028A1) in further view of Smith (US6161235A).
Regarding claim 16,
Sopher teaches The bed covering of claim 14.
Sopher does not teach wherein first end couple is a hemmed end of the base bed cover; and wherein the base couple is further configured to removably clamp on to the hemmed end of the base cover.
Smith teaches wherein first end couple is a hemmed end of the base bed cover; and wherein the base couple is further configured to removably clamp on to the hemmed end of the base cover (Smith: FIG. 3 [Col. 2 35-37] fitted bed sheet, generally designated 50 is placed over a mattress 52 and each of the four corners 54 secured to a V-shaped fastener and the bottom center 56 Secured to Single fastening Structure 19).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sopher in view of Smith directed to including a bed cover with fastener post and fastener structures. A person having ordinary skill in the art would have been motivated to make this modification in order to fix the bed sheet to the mattress using fasteners (Smith: [Abs.]).
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
3/24/2026