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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “securing means” in claim 10.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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) 1-10, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leng (US20240382010A1) in view of Goenka (US9357863B1).
Regarding claim 1,
Leng, as modified, teaches A mattress protector device that provides a user with a washable cover for protecting a mattress, the mattress protector device comprising: a top component (Leng: FIG. 2 [0093] top cover body 102); and a bottom component (Leng: FIG. 2 [0093] bottom cover body 105); wherein the top component and the bottom component are releasably secured around a mattress (Leng: FIG. 2 [0093] outer cover 110 is configured to be removable and comprises a top cover body 102, a bottom cover body 105, and a side enclosure 109);
Leng does not teach wherein the top component and the bottom component are releasably secured together to form a washable cover for the mattress; and further wherein the top component and the bottom component act to protect the mattress from dirt, stains, and pathogens.
Goenka teaches wherein the top component and the bottom component are releasably secured together to form a washable cover for the mattress (Goenka: FIG. 2 [Col. 7 67-Col. 8 1] the cover 50 is detached from the skirt 20 (FIG. 3B), the user can wash the cover 50); and further wherein the top component and the bottom component act to protect the mattress from dirt, stains, and pathogens (Goenka: FIG. 2 [Col. 1 12] mattress pad…serve as a protector for the mattress).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng in view of Goenka directed to including a washable feature for a bed cover system. A person having ordinary skill in the art would have been motivated to make this modification in order to provide stability against movement of a patient (Goenka: [Col. 1 12]).
Regarding claim 2,
Leng, as modified, teaches The mattress protector device of claim 1, wherein the top component (Leng: FIG. 2 [0093] top cover body 102 and bottom cover body 105) and the bottom component (Leng: FIG. 2 [0093] top cover body 102 and bottom cover body 105) are made to cover a mattress (Leng: FIG. 2 [0093] outer cover 110) comprising an upper portion (Leng: FIG. 2 [0093] outer cover 110…comprises a top cover body 102 bottom), a lower portion (Goenka: FIG. 4 [Col. ] 28), opposing side walls (Leng: FIG. 2 [0093] side enclosure 109 extending integrally in a peripheral direction between the bottom cover body 105 and the top cover body 102), and opposing front and back walls (Leng: FIG. 2 [0093] side enclosure 109 extending integrally in a peripheral direction between the bottom cover body 105 and the top cover body 102).
Regarding claim 3,
Leng, as modified, teaches The mattress protector device of claim 2.
Leng, as modified, does not teach wherein the top component and the bottom component are available in different sizes to accommodate different-sized mattresses.
Goenka teaches wherein the top component and the bottom component are available in different sizes to accommodate different-sized mattresses (Goenka: FIG. 4 [Col. 4 48-49] mattress cover panel is sized to cover at least portion of the top of the mattress).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng in view of Goenka directed to including variable sizes for a mattress cover system. A person having ordinary skill in the art would have been motivated to make this modification in order to provide ensure full coverage of a mattress (Goenka: [Col. 4 48-49]).
Regarding claim 4,
Leng, as modified, teaches The mattress protector device of claim 3,
wherein the top component rests on the upper portion of the mattress and serves as a regular mattress cover (Leng: FIG. 2 [0093] outer cover 110…comprises a top cover body 102).
Regarding claim 5,
Leng, as modified, teaches The mattress protector device of claim 4, wherein the bottom component rests under the lower portion of the mattress (Leng: FIG. 2 [0093] bottom cover body 105).
Regarding claim 6,
Leng, as modified, teaches The mattress protector device of claim 5, wherein the top component includes a central portion that is sized and shaped to cover the upper portion of the mattress (Leng: FIG. 2 [0093] top cover body 102).
Regarding claim 7,
Leng, as modified, teaches The mattress protector device of claim 6.
Leng, as modified, does not teach wherein the top component includes a peripheral portion, which is sized and shaped to extend down from the central portion to wrap around the mattress side walls and opposing front and back walls.
Goenka teaches wherein the top component includes a peripheral portion (Goenka: FIG. 4 [Col. 3 31-32] skirt 20 includes the flexible skirt panel 22), which is sized and shaped to extend down from the central portion to wrap around the mattress side walls and opposing front and back walls (Goenka: FIG. 1 [Col. 3 20-21] skirt 20 substantially cover the top and sides of the mattress).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including a skirt that contains the mattress. A person having ordinary skill in the art would have been motivated to make this modification in order to cover the top and sides of the mattress (Goenka: [Col. 3 20-21]).
Regarding claim 8,
Leng, as modified, teaches The mattress protector device of claim 7.
Leng, as modified, does not teach wherein the peripheral portion comprises an elastic outer perimeter which acts to wrap around the mattress and be secured underneath the lower portion of the mattress.
Goenka teaches wherein the peripheral portion comprises an elastic outer perimeter which acts to wrap around the mattress and be secured underneath the lower portion of the mattress (Goenka: FIG. 7 [Col. 3 32] skirt 20 includes a top panel (not shown) attached to the upper edge 24 to substantially close off the central region 38 and thus the top 8a of the mattress 4 when the secured to the mattress).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including a skirt that contains the perimeter of the mattress. A person having ordinary skill in the art would have been motivated to make this modification in order to contain and cover the top and sides of the mattress (Goenka: [Col. 3 32-34]).
Regarding claim 9,
Leng, as modified, teaches The mattress protector device of claim 8.
Leng, as modified, does not teach wherein the bottom component comprises a central section which is positioned against the lower portion of the mattress and against the peripheral portion of the top component.
Goenka teaches wherein the bottom component comprises a central section which is positioned against the lower portion of the mattress and against the peripheral portion of the top component (Goenka: FIG. 4 [Col. 3 32] skirt 20 includes a top panel (not shown) attached to the upper edge 24 to substantially close off the central region 38 and thus the top 8a of the mattress 4 when the secured to the mattress).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including a skirt that contains the perimeter of the mattress. A person having ordinary skill in the art would have been motivated to make this modification in order to contain and cover the top and sides of the mattress (Goenka: [Col. 3 32-34]).
Regarding claim 10,
Leng, as modified, teaches The mattress protector device of claim 9, wherein the bottom component is then secured to the top component via a securing means (Leng: FIG. 2 [0093] side enclosure 109 extending integrally in a peripheral direction between the bottom cover body 105 and the top cover body 102).
Lang, as modified, does not teach wherein the bottom component comprises a central section which is positioned against the lower portion of the mattress and against the peripheral portion of the top component.
Goenka teaches wherein the bottom component comprises a central section which is positioned against the lower portion of the mattress and against the peripheral portion of the top component (Goenka: FIG. 4 [Col. 2 53-55] mattress set 2 includes a top 8a, a bottom 8b spaced from the top 8a along a vertical direction V. opposed sides 8c and 8d spaced apart with respect to each other along a lateral direction).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including a skirt that contains the perimeter of the mattress. A person having ordinary skill in the art would have been motivated to make this modification in order to contain and cover the top and sides of the mattress (Goenka: [Col. 2 53-55]).
Regarding claim 20,
Leng, as modified, teaches A method of protecting a mattress from dirt, debris, and stains, the method comprising the following steps: providing a mattress protector device comprising a top component and a bottom component (Leng: FIG. 2 [0093] top cover body 102 and bottom cover body 105); positioning the top component over a top of the mattress to be protected (Leng: FIG. 2 [0093] outer cover 110…comprises a top cover body 102); wrapping the perimeter of the top component around the mattress sides (Leng: FIG. 2 [0093] side enclosure 109 extending integrally in a peripheral direction between the bottom cover body 105 and the top cover body 102); positioning the bottom component underneath the mattress (Leng: FIG. 4 [0093] side enclosure 109 is detachably connected to the top cover body 102 and the side enclosure 109 is detachably connected to the bottom cover body 105);
Leng, as modified, does not teach and securing the bottom component to the top component via hook and loop fasteners.
Goenka teaches, and securing the bottom component to the top component via hook and loop fasteners (Goenka: FIG. 5 [Col. 6 50-52] first connector member 82 may include one or more hook panels disposed along the outer surface 25 of the upper edge 24 (or placket) of the skirt 20).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including hook and loop connectors. A person having ordinary skill in the art would have been motivated to secure the bed connector system with ease using hook and loop connectors (Goenka: [Col. 5 38-42]).
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leng (US20240382010A1) in view of Goenka (US9357863B1) in further view of Monaco (US20130152306A1).
Regarding claim 11,
Leng, as modified, teaches The mattress protector device of claim 10.
Leng, as modified, does not teach wherein the securing means are four-inch sewn strips of hook and loop tape positioned around edges of the top and bottom components.
Monaco teaches wherein the securing means are four-inch sewn strips of hook and loop tape positioned around edges of the top and bottom components (Monaco: [0037] The area of attachment 14 a, b where the duvet 10 and the member are joined is about 2-5 inches deep across the width of the member).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in further view of Monaco directed to including attachment methods for a bed cover system with specified dimensions. A person having ordinary skill in the art would have been motivated to make this modification in order to secure elements of a cover for a bedding system (Monaco: [0037]).
Regarding claim 12,
Leng, as modified, teaches The mattress protector device of claim 11.
Leng, as modified, does not teach wherein the four-inch sewn strips of hook and loop tape on the top and bottom components mate together.
Monaco teaches wherein the four-inch sewn strips of hook and loop tape on the top and bottom components mate together (Monaco: [0037] The area of attachment 14 a, b where the duvet 10 and the member are joined is about 2-5 inches deep across the width of the member)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in further view of Monaco directed to including attachment methods for a bed cover system with specified dimensions. A person having ordinary skill in the art would have been motivated to make this modification in order to secure elements of a cover for a bedding system (Monaco: [0037]).
Regarding claim 13,
Leng, as modified, teaches The mattress protector device of claim 12 and remove the top component from the bottom component, as needed (Leng: FIG. 2 [0093] side enclosure 109 extending integrally in a peripheral direction between the bottom cover body 105 and the top cover body 102).
Leng, as modified, does not teach where the four-inch sewn strips of hook and loop tape enable users to easily attach.
Monaco teaches where the four-inch sewn strips of hook and loop tape enable users to easily attach (Monaco: [0037] The area of attachment 14 a, b where the duvet 10 and the member are joined is about 2-5 inches deep across the width of the member).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, in further view, in further view of Monaco directed to including attachment methods for a bed cover system with specified dimensions. A person having ordinary skill in the art would have been motivated to make this modification in order to secure elements of a cover for a bedding system (Monaco: [0037]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leng (US20240382010A1) in further view of Monaco (US US20130152306A1).
Regarding claim 14,
Leng, as modified, teaches A mattress protector device that provides a user with a washable cover for protecting a mattress, the mattress protector device comprising: a top component comprising a central portion and a peripheral portion (Leng: FIG. 2 [0093] top cover body 102 and bottom cover body 105);
and a bottom component comprising a central section (Leng: FIG. 2 [0093] bottom cover body 105); wherein the top component and the bottom component are releasably secured around a mattress (Leng: FIG. 2 [0093] side enclosure 109 extending integrally in a peripheral direction between the bottom cover body 105 and the top cover body 102); wherein the top component and the bottom component are made to cover a mattress comprising an upper portion , a lower portion, opposing side walls, and opposing front and back walls (Leng: FIG. 2 [0093] side enclosure 109 extending integrally in a peripheral direction between the bottom cover body 105 and the top cover body 102); and further wherein the top component and the bottom component act to protect the mattress from dirt, stains, and pathogens (Lang: FIG. 4 [0052] outer cover capable of defining an enclosed receiving space, the outer cover comprising a top cover body and a bottom cover body).
Lang, as modified, does to teach wherein the top component and the bottom component are releasably secured together via four-inch sewn strips of hook and loop tape positioned around edges of the top and bottom components; wherein the four-inch sewn strips of hook and loop tape on the top and bottom components mate together and releasably secure the mattress protector device in place; where the four-inch sewn strips of hook and loop tape enable users to easily attach and remove the top component from the bottom component, as needed.
Monaco teaches wherein the top component and the bottom component are releasably secured together via four-inch sewn strips of hook and loop tape positioned around edges of the top and bottom components (Monaco: [0037] The area of attachment 14 a, b where the duvet 10 and the member are joined is about 2-5 inches deep across the width of the member); wherein the four-inch sewn strips of hook and loop tape on the top and bottom components mate together and releasably secure the mattress protector device in place (Monaco: [0037] The area of attachment 14 a, b where the duvet 10 and the member are joined is about 2-5 inches deep across the width of the member); where the four-inch sewn strips of hook and loop tape enable users to easily attach and remove the top component from the bottom component, as needed (Monaco: [0037] The area of attachment 14 a, b where the duvet 10 and the member are joined is about 2-5 inches deep across the width of the member).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, in further view of Monaco directed to including attachment methods for a bed cover system with specified dimensions. A person having ordinary skill in the art would have been motivated to make this modification in order to secure elements of a cover for a bedding system (Monaco: [0037]).
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leng (US20240382010A1 Monaco (US US20130152306A1) in further view of Goenka (US9357863B1).
Regarding claim 15,
Leng, as modified, teaches The mattress protector device of claim 14.
Lang, as modified, does not teach wherein the top and the bottom components are manufactured from fabric, typically woven fabrics, such as nylon fabrics, polyester, modal cotton, wool, down, knits, and other synthetic fiber-woven fabrics, or a combination of such materials.
Goenka teaches wherein the top and the bottom components are manufactured from fabric, typically woven fabrics, such as nylon fabrics, polyester, modal cotton, wool, down, knits, and other synthetic fiber-woven fabrics, or a combination of such materials (Goenka: FIG. 4 [Col. 5 51-52] upper layer can be a laminate of a woven and nonwoven fabric, a knit and nonwoven fabric, or even a woven and knit fabric).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including varying materials of a bed cover system. A person having ordinary skill in the art would have been motivated to make this modification in order to use vary fabric types such as knits and wovens (Goenka: [Col. 5 51-52).
Regarding claim 16,
Leng, as modified, teaches The mattress protector device of claim 15.
Leng, as modified, does not teach wherein the fabric is hypoallergenic.
Goenka teaches wherein the fabric is hypoallergenic (Goenka: FIG. 4 [Col. 5 51-54] textile materials may include barriers, such as films or other materials that can help inhibit penetration of particles through the cover into to the mattress).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including hypoallergenic material for the use of a bed cover system. A person having ordinary skill in the art would have been motivated to make this modification in order to include barriers to prevent particles into the mattress (Goenka: [Col. 5 51-54).
Regarding claim 17,
Leng, as modified, teaches The mattress protector device of claim 16.
Leng, as modified, does not teach wherein the fabric has an anti-microbial coating or may be made of an anti-microbial material.
Goenka teaches, wherein the fabric has an anti-microbial coating or may be made of an anti-microbial material (Goenka: FIG. 4 [Col. 5 41] the upper layer can include anti-bacterial agents).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including an anti-bacterial agents for the use of a bed cover system. A person having ordinary skill in the art would have been motivated to make this modification in order to include a variety of finishes for the functionality of the bed cover system (Goenka: [Col. 5 38-42]).
Regarding claim 18,
Leng, as modified, teaches The mattress protector device of claim 17.
Leng, as modified, does not teach wherein the fabric is waterproof, and the central portion includes a woven-fabric base layer, a TPU (thermoplastic polyurethane) lining layer, and a PU (polyurethane) shell layer to provide waterproofness.
Goenka teaches, wherein the fabric is waterproof, and the central portion includes a woven-fabric base layer, a TPU (thermoplastic polyurethane) lining layer, and a PU (polyurethane) shell layer to provide waterproofness (Goenka: FIG. 4 [Col. 5 29-32] Meltspun nonwovens can from with polyethylene terephthalate, polyolefin, and/or polyamide 6, polyamide 6,6, or polylactic acid polymers).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng, as modified, in view of Goenka directed to including a thermoplastic shell for a bed cover system. A person having ordinary skill in the art would have been motivated to make this modification in order to include an ideal shell material for a bed cover system (Goenka: [Col. 5 38-42]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leng (US20240382010A1) in further view of Monaco (US US20130152306A1) in further view of McKee (US20120324647A1).
Regarding claim 19,
Leng, as modified, teaches The mattress protector device of claim 14.
Leng, as modified, does not teach further comprising a plurality of indicia.
McKee teaches further comprising a plurality of indicia (McKee: FIG. 3 [0031] decorative pattern 304 may include patterns or pictures).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Leng as modified, in further view of McKee directed to including decorative patterns for a bed cover system. A person having ordinary skill in the art would have been motivated to make this modification in order to provide decorate and provide customization for a user (McKee: [0031]).
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.
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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/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
2/11/2026