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
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication US2014/0201909A1 hereinafter referred to as Weyl.
As per claim 1 Weyl discloses a mattress 10 fig.1 comprising: a mattress core 68 fig.2 configured to support a user; an air distribution layer 13 fig.2 configured to facilitate air flow for climate control of a mattress top surface 28 fig.3, wherein the air distribution layer is positioned above the mattress core; an air hose 46, 16, 66 fig.3 connected to the air distribution layer; a mattress cover having a mattress cover top surface, wherein the mattress cover top surface comprises a fabric configured to allow flow of air between the air distribution layer and a space above the mattress top and to resist flow of liquid water into the mattress when the liquid water is positioned on top of the mattress cover top surface [0040 “The body support system 10 may be encased in a protective, waterproof, moisture vapor permeable cover (not shown), such as fabric laminate constructions incorporating polyurethane coatings or expanded polytetrafluoroethylene (ePTFE) When in use, the body support system 10 may be covered by a textile bedding sheet (not shown).”].
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 4,057,861 hereinafter referred to as Howorth.
As per claim 1 Howorth discloses a mattress 10 fig.1 comprising: a mattress core 11 fig.1 configured to support a user; an air distribution layer 13 fig.1 configured to facilitate air flow for climate control of a mattress top surface 21 fig.1, wherein the air distribution layer is positioned above the mattress core; an air hose 25 fig.1 connected to the air distribution layer; a mattress cover 27 fig.1 having a mattress cover top surface, wherein the mattress cover top surface comprises a fabric configured to allow flow of air between the air distribution layer and a space above the mattress top and to resist flow of liquid water into the mattress when the liquid water is positioned on top of the mattress cover top surface [column 1 lines 6-13 “Accordingly, the invention provides a mattress comprising a base having its upper surface covered by air-impermeable waterproof material and an overlay of air-permeable air-diffusing material on top of the base, at least one of the upper surface of the base and the lower surface of the overlay being shaped to provide air passages between the base and the overlay, and air delivery means for delivering air to the passages.”].
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication US2013/0269106A1 hereinafter referred to as Brykalski.
As per claim 1 Brykalski discloses a mattress 110 fig.7A comprising: a mattress core 140 fig.7A configured to support a user; an air distribution layer 160 fig.7A configured to facilitate air flow for climate control of a mattress top surface 120 fig.7A, wherein the air distribution layer is positioned above the mattress core; an air hose 108 fig.9/194 fig.18 connected to the air distribution layer; a mattress cover 27 fig.1 having a mattress cover top surface, wherein the mattress cover top surface comprises a fabric configured to allow flow of air between the air distribution layer and a space above the mattress top and to resist flow of liquid water into the mattress when the liquid water is positioned on top of the mattress cover top surface [0093 “For any of the embodiments disclosed herein, any layer or other covering that is positioned completely or partially around a interlay, inlay or intermediate layer or component can be configured to include an air permeable or partially air permeable portion (e.g., permeable fabric or other layer, mesh or other layer comprising one or more fluid openings or passages, etc.) at locations where the channels (e.g., inlet channels, waste channels, etc.) terminate along the ends or edges of the inlay. Such a configuration can allow air to freely enter and/or exit the channels of the inlay.”].
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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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679