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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph [0037], “One ends of each” should read –One end of each—and “there is a arcuate bending segment 34 is located” should read –there is an arcuate bending segment 34 located--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “gradually widens” in claim 5 is a relative term which renders the claim indefinite. The term “gradually widens” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
With regard to claim 6, in that claim 6 depends from claim 5, claim 6 is similarly rejected.
Claim 5 discloses “the longitudinal inclined segments are gradually widens toward the upper surface”. It is unclear what is meant by this phrasing, thus rendering the claim indefinite.
With regard to claim 6, in that claim 6 depends from claim 5, claim 6 is similarly rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPAP 2022/0265058 (Chang et al. hereinafter).
With regard to claim 1, Chang et al. discloses an air cell (310), comprising:
two cell walls, opposing each other, each cell wall comprising a top edge, a bottom edge, and two side edges (310R and 310L) (Fig.’s 2 and 4),
wherein when the air cell (310) is inflated, an upper surface is formed along the top edges of the two cell walls;
the air cell (310) further comprises a joining line (311, 312) extending along the top edges, which is formed by directly joining the cell walls;
the joining line (311, 312) includes at least two semi-arc joining surfaces (3111).
With regard to claim 2, Chang et al. discloses the air cell (310) according to claim 1, further comprising a first air chamber and a second air chamber that are adjacent to each other and separated by the joining line (311, 312), wherein a maximum inflation volume of the first air chamber is less than a maximum inflation volume of the second air chamber;
the first air chamber is a space defined by the upper surface, the joining line (311, 312), and the two side edges (310R and 310L); and
the second air chamber is a space defined by the joining line (311, 312), the bottom edge, and the two side edges (310R and 310L). Fig. 6 and paragraph [0059] anticipate that the arcs in the joining line(s) can be pointed upwards and Fig.’s 15 and 16 and paragraph [0046] show that the joining lines can be uninterrupted and have three arcs (two semi-arc joining surfaces and one central arc). This results in a first air chamber on the top with three arcs pushing into it and a larger chamber on the bottom.
With regard to claim 3, Chang et al. discloses the air cell (310) according to claim 1, wherein the joining line (311, 312) comprises a central arc segment, and the central arc segment comprises a central apex; and
a distance between the central apex and the upper surface is less than a distance between the central apex and the bottom edge. This is true in Fig.’s 15 and 16 when the arcs face in the other direction.
With regard to claim 4, Chang et al. discloses the air cell (310) according to claim 3, wherein the semi-arc joining surfaces (3111) are respectively arranged at two ends of the central arc segment, and each semi-arc joining surface (3111) comprises a semi-arc edge which is curved toward the upper surface. This is true in Fig.’s 15 and 16 when the arcs face in the other direction.
With regard to claim 5, insofar as claim 5 is definite, Chang et al. discloses the air cell (310) according to claim 3, wherein the joining line (311, 312) further comprises two longitudinal inclined segments (first connection subsegment, Fig. 9, paragraph [0063]) and two transverse flat segments (third connection subsegment, Fig. 9, paragraph [0063]);
one end of each of the two longitudinal inclined segments (first connection subsegment, Fig. 9, paragraph [0063]) is connected to two ends of the central arc segment respectively, and the longitudinal inclined segments (first connection subsegment, Fig. 9, paragraph [0063]) are gradually widens toward the upper surface; and
one end of each of the two transverse flat segments (third connection subsegment, Fig. 9, paragraph [0063]) is respectively connected to the other ends of the two longitudinal inclined segments (first connection subsegment, Fig. 9, paragraph [0063]), and the other ends of the two transverse flat segments (third connection subsegment, Fig. 9, paragraph [0063]) extends toward the two side edges (310R and 310L). Chang et al. discloses in paragraph [0063] that the first connection subsegment is parallel to the height sides and in paragraph [0048] that the upper and lower long sides (L) are of unequal length, creating a trapezoidal shape. Taken in combination, this would result in two longitudinal inclined segments that are so inclined because they are parallel to the height sides such that the space between the two longitudinal inclined segments gradually widens toward the upper surface
With regard to claim 6, insofar as claim 6 is definite, Chang et al. discloses the air cell (310) according to claim 5, wherein the joining line (311, 312) further comprises a plurality of arcuate bending segments, which are respectively located between the two longitudinal inclined segments (first connection subsegment, Fig. 9, paragraph [0063]) and the central arc segment, and between the two longitudinal inclined segments (first connection subsegment, Fig. 9, paragraph [0063]) and the two transverse flat segments (third connection subsegment, Fig. 9, paragraph [0063]).
With regard to claim 7, Chang et al. discloses the air cell according to claim 1, wherein each of the two cell walls is trapezoidal, and a length of the top edges is greater than a length of the bottom edge (paragraph [0048]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. in view of USPAP 2004/0107503 (Tu hereinafter).
With regard to claim 8, Chang et al. discloses the air cell according to claim 1.
Chang et al. does not disclose wherein two side ends of the upper surface each comprise a folded corner part, bending from a longitudinal direction of the upper surface and towards the bottom edge and the folded corner parts each comprise a folded corner joining line, which extends in a width direction of the upper surface.
Tu teaches a plurality of air cells (14) substantially similar to that of Chang et al., each air cell having two separate chambers (29, 30) separated by a joining line (37, 38) wherein two side ends of an upper surface each comprise a folded corner part, bending from a longitudinal direction of the upper surface and towards a bottom edge and the folded corner parts each comprise a folded corner joining line (41), which extends in a width direction of the upper surface as a result of the method of making the air cells (paragraph [0023]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus disclosed by Chang et al. by producing the air cell wherein two side ends of the upper surface each comprise a folded corner part, bending from a longitudinal direction of the upper surface and towards the bottom edge and the folded corner parts each comprise a folded corner joining line, which extends in a width direction of the upper surface as taught by Tu for the purposes of providing a method of making the air cell considering Chang et al. does not provide one.
With regard to claim 9, Chang et al. discloses all of the limitations except for a fluid generator, in fluid communication with the air cells; and a control system, electrically connected to the fluid generator, wherein the control system is configured to control the fluid generator to regulate inflation or deflation of the air cells during use of the air mattress.
Tu teaches a fluid generator (34), in fluid communication with the air cells (14); and a control system (31, 32), electrically connected to the fluid generator (34), wherein the control system is configured to control the fluid generator (34) to regulate inflation or deflation of the air cells (14) during use of the air mattress (paragraphs [0004], [0019], and [0027]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus disclosed by Chang et al. by providing a fluid generator, in fluid communication with the air cells; and a control system, electrically connected to the fluid generator, wherein the control system is configured to control the fluid generator to regulate inflation or deflation of the air cells during use of the air mattress as taught by Tu for the purposes of providing a way to inflate and deflate the mattress for the comfort of the user (Abstract of Tu).
With regard to claim 10, the Chang et al. modification with regard to claim 10 discloses the air mattress according to claim 9, wherein the air cells comprise at least one first air cell and at least one second air cell; two ends of the joining line of each first air cell are respectively connected to the two side edges of the two cell walls; and two ends of the joining line of each second air cell are respectively at a specific distance from the two side edges of the two cell walls. Paragraph [0046] of Chang et al. discloses that the air compartments can be in fluid communication or not which anticipates both a joining line connected to the two side edges of the two cell walls and a joining line at a specific distance from the two side edges of the two cell walls.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP 5,918,336 and USPAP’s 2008/0307582, 2007/0226912 and 2007/0169274 disclose air cells similar to that claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C. 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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/AARON R EASTMAN/Primary Examiner, Art Unit 3673