, 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 .
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) 24-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 6,274,520 hereinafter referred to as Cordell in view of US Patent Publication US2011/0258782A1 hereinafter referred to as Call.
Re-Claim 24
Cordell discloses a pad 10 comprising: an upper layer 12 a first intermediate layer 14 disposed below the upper layer, the first intermediate layer configured to absorb the moisture; and a second intermediate layer 16 disposed below the first intermediate layer, the second intermediate layer comprising a second material permeable to the vapor and impermeable to the liquid.
However does not discloses an upper layer comprising a first material permeable to moisture and vapor, the first material impermeable to liquid.
Call teaches a pad 10 fig.1 comprising an upper layer 30 fig.1 comprising a first material permeable to moisture and vapor, the first material impermeable to liquid [0032].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the pad of Cordell and the pad utilizing a vapor permeable liquid impermeable upper layer of Call and with a reasonable expectation of success arrived at pad having a upper layer that is liquid impermeable and vapor permeable. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of having a material which acts as a waterproof barrier between the device and an exterior environment the device as taught in Call [0032].
Re-Claim 25
Cordell as modified by Call above discloses,
Cordell discloses a lower layer 18, 20 disposed below the second intermediate layer.
Re-Claim 26
Cordell as modified by Call above discloses,
Cordell discloses wherein the lower layer comprises nylon [column 4 lines 11-12].
Re-Claim 27
Cordell as modified by Call above discloses,
Call teaches wherein the first material comprises GORTEX [0032].
Re-Claim 28
Cordell as modified by Call above discloses,
Call teaches wherein the second material comprises polytetrafluoroethylene (PTFE) (Call teaches the used of the PTFE GorTex as a permeable to the vapor and impermeable to the liquid material).
Claim(s) 29-36 & 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cordell in view of Call further in view of US Patent Publication US2010/0107337A1 hereinafter referred to as Taylor.
Re-Claim 29
Cordell in view of Call above discloses the claimed apparatus however does not discloses the pad further comprising a first longitudinal edge and a second longitudinal edge opposite of the first longitudinal edge; and a first handle coupled to the first longitudinal edge.
Taylor teaches a pad assembly 34 fig.1 comprising: the pad 60 fig.1 the pad further comprising a first longitudinal edge 112 fig.4 and a second longitudinal edge 112 opposite of the first longitudinal edge; and a first handle 110 fig.2 coupled to the first longitudinal edge.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the pad for covering a mattress of Cordell and the pad utilizing a first handle of Taylor and with a reasonable expectation of success arrived at pad having a first handle. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of having a hand hold which allows a user to easily grip and maneuver the pad as taught in Taylor [0022].
Re-Claim 30
Cordell as modified by Call and Taylor above discloses,
a second handle 110 fig.1 Taylor coupled to the second longitudinal edge.
Re-Claim 31
Cordell as modified by Call and Taylor above discloses,
a carrier 32, 46 fig.1 Taylor coupled to the pad, the carrier defining a cavity configured to receive a patient support surface 12 fig.1 Taylor.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the pad for covering a mattress of Cordell and mattress covering system of Taylor having a carrier and with a reasonable expectation of success arrived at a waterproof pad attached to a carrier for covering and protecting a mattress. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of utilizing a carrier to detachably secure a waterproof pad to a mattress for protecting the mattress as taught in Taylor [0017].
Re-Claim 32
Cordell as modified by Call and Taylor above discloses,
Taylor teaches wherein: the pad further comprises: a first longitudinal edge, a second longitudinal edge opposite of the first longitudinal edge, a first lateral edge coupled to the carrier, and a second lateral edge opposite of the first lateral edge; and the cover further comprises: a second carrier 32, 48 fig.1 coupled to the second lateral edge, and a side panel 42, 44 fig.1 extending between the carrier and the second carrier along the first longitudinal edge.
Re-Claim 33
Cordell as modified by Call and Taylor above discloses,
Taylor teaches wherein: the carrier comprises: an upper surface 52 fig.1 & 3, a lower surface 54 fig.1 & 3 opposite of the upper surface, and a side surface 42, 44 extending between the upper surface and the lower surface; and the upper surface, the lower surface, and the side surface define the cavity (see fig.1 & 3).
Re-Claim 34
Cordell as modified by Call and Taylor above discloses,
Taylor teaches wherein: the carrier comprises: an upper surface 52, a first side surface 42 extending downward from the upper surface, and a second side surface 44 extending downward from the upper surface; and the upper surface, the first side surface, and the second side surface define the cavity (see fig.1 & 3).
Re-Claim 35
Cordell as modified by Call and Taylor above discloses,
Taylor teaches wherein the carrier comprises an elastic material [0017 “The mattress band 32 can be partially or entirely constructed of an elastic material, and sized to be slightly smaller than the dimensions of the mattress, and capable of being stretched to conform to the size, shape and dimension of the mattress to which it is attached.”].
Re-Claim 36
Cordell as modified by Call and Taylor above discloses the claimed invention except for wherein the elastic material comprises polyester knit fabric. It would have been obvious to one having ordinary skill in the art at the time the invention was made to form the elastic material from polyester knit fabric, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Examiner notes it is known in the bedding art that polyester is commonly used as a bedding material and that a knitted fabric is inherently elastic.
Re-Claim 38
Cordell as modified by Call and Taylor above discloses,
wherein the carrier is coupled to the pad via releasable fasteners 116 fig.2 Taylor.
Claim(s) 31-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cordell in view of Call further in view of US Patent 9,021,631 hereinafter referred to as Miner.
Re-Claim 31
Cordell in view of Call above discloses the claimed apparatus however does not discloses a carrier coupled to the pad, the carrier defining a cavity configured to receive a patient support surface.
Miner teaches a pad assembly fig.6 comprising: the pad 50 fig.6 the pad further comprising a carrier 40 fig.6 coupled to the pad, the carrier defining a cavity configured to receive a patient support surface 30.
first longitudinal edge (see 115A fig.6) and a second longitudinal edge (see 115B fig.6) opposite of the first longitudinal edge; and a first handle 40 fig.6 coupled to the first longitudinal edge.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the pad for covering a mattress of Cordell and mattress covering system of Miner having a carrier and with a reasonable expectation of success arrived at a waterproof pad attached to a carrier for covering and protecting a mattress. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of utilizing a carrier to detachably secure a waterproof pad to a mattress for protecting the mattress as taught in Miner [column 4 lines 9-20].
Re-Claim 32
Cordell as modified by Call and Miner above discloses,
Miner teaches wherein: the pad further comprises: a first longitudinal edge 115A fig.6, a second longitudinal edge 115B fig.6 opposite of the first longitudinal edge, a first lateral edge 115C fig.5 coupled to the carrier, and a second lateral edge 115D fig.5 opposite of the first lateral edge; and the cover further comprises: a second carrier 40 fig.5 coupled to the second lateral edge, and a side panel 40 fig.5 & 6 extending between the carrier and the second carrier along the first longitudinal edge.
Re-Claim 33
Cordell as modified by Call and Miner above discloses,
Miner teaches wherein: the carrier comprises: an upper surface (about 70 fig.6), a lower surface (about 70A fig.6) opposite of the upper surface, and a side surface 40 extending between the upper surface and the lower surface; and the upper surface, the lower surface, and the side surface define the cavity (see fig. 5 & 6).
Re-Claim 34
Cordell as modified by Call and Miner above discloses,
Miner teaches wherein: the carrier comprises: an upper surface (about 70), a first side surface 40 extending downward from the upper surface, and a second side surface 40 extending downward from the upper surface; and the upper surface, the first side surface, and the second side surface define the cavity (see fig.5 & 6).
Re-Claim 35
Cordell as modified by Call and Miner above discloses,
Miner teaches wherein the carrier comprises an elastic material 40, 70, 70A.
Re-Claim 36
Cordell as modified by Call and Miner above discloses the claimed invention except for wherein the elastic material comprises polyester knit fabric. It would have been obvious to one having ordinary skill in the art at the time the invention was made to form the elastic material from polyester knit fabric, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Examiner notes it is known in the bedding art that polyester is commonly used as a bedding material [column 5 lines 17-19 “In the preferred embodiment the material used is a polyester material to maintain greater durability in everyday use.”] and that a knitted fabric is inherently elastic.
Re-Claim 37
Cordell as modified by Call and Miner above discloses,
Miner teaches wherein: the carrier comprises a panel 40 ([column 5 lines 11-17 discloses that the panel 40 is the same material as element 110 of the pad inherently panel 40 and pad element 110 would have the same thickness) having a first thickness; and the pad has a second thickness greater than the first thickness (pad 50 has addition elements 100 and 90 which would make it thicker than the panel of 40 relatively).
Re-Claim 38
Cordell as modified by Call and Miner above discloses,
wherein the carrier is coupled to the pad via releasable fasteners 120, 130 fig.6 Miner.
Claim(s) 39 & 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cordell in view of Call further in view of US Patent 4,278,719 hereinafter referred to as Sarnecki.
Re-Claim 39
Cordell in view of Call above discloses the claimed apparatus and a first longitudinal edge, a second longitudinal edge opposite of the first longitudinal edge (see figure), a pad lower surface (see element 20), and a pad upper surface (see element 12) opposite of the pad lower surface.
However does not discloses a first barrier coupled to the first longitudinal edge and extending in a direction away from the pad lower surface; and a second barrier coupled to the second longitudinal edge and extending in the direction away from the pad lower surface.
Sarnecki teaches a pad assembly 10 fig.1 comprising: the pad 10 comprising a first longitudinal edge, a second longitudinal edge opposite of the first longitudinal edge (see figure 1), a pad lower surface 14 fig.2, and a pad upper surface 18 fig.2 opposite of the pad lower surface; a first barrier 20 fig.1 coupled to the first longitudinal edge and extending in a direction away from the pad lower surface (see fig.2); and a second barrier 20 coupled to the second longitudinal edge and extending in the direction away from the pad lower surface (see fig.2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the pad for covering a mattress of Cordell and the waterproof pad of Sarnecki having a barrier and with a reasonable expectation of success arrived at a waterproof pad having a barrier. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of having a dam or barrier which restrains moisture from flowing out of the waterproof pad at the edges of the pad as taught in Sarnecki [column 2 lines 43-46].
Re-Claim 40
Cordell as modified by Call and Sarnecki above discloses,
wherein the pad, the first barrier, and the second barrier define an inner volume configured to receive a liquid contaminant (see fig.2 and [column 2 lines 43-46]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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