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 .
Remarks
This communication is in response to Application No. 19/034,000 filed on 1/22/2025.
Claims 1, 3-8 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 5/12/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed on 1/22/2025 are acceptable.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested:
FOAM MATTRESS CONTAINING VERTICALLY LAPPED NONWOVEN MATERIAL
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-5, 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0309708 A1 to Purani, hereinafter 'Purani'), in view of US 2022/0098770 A1 to Jafari et al., (hereinafter 'Jafari').
As to claim 1
Purani discloses a mattress (Figs. 3; para [0024], 'FIG. 3 pictorially illustrates a hybrid mattress core having a bilayer laminate structure'), comprising:
one or more layers of foam (Fig. 3 - see top FOAM layer; para [0024], 'a single layer of foam');
one or more layers of vertically lapped nonwoven material (Fig. 3 - see bottom FIBER layer; para [0024], 'a single layer of vertically oriented fiber'; para [0033]; para [0034]; para [0035], 'the vertically oriented fibers e.g., the vertically lapped formed pleats'),
wherein the mattress comprises an assembly of material layers that comprises all of the one or more layers of foam and all of the one or more layers of vertically lapped nonwoven material (Fig. 3; para [0024]), wherein the assembly of material layers has a total thickness ranging from 5" to 18" (Fig. 3 - see how the assembly of material layers has a total thickness of 7 inches; para [0024], 'a single layer of foam laminated to a single layer of vertically oriented fiber. Each layer was at a thickness of 3.5 inches'),
wherein at least the top 3" of the assembly of material layers are one or more layers of foam (Fig. 3 - see how the top 3.5 inches of the assembly of material layers are one or more layers of foam; para [0024], 'a single layer of foam laminated to a single layer of vertically oriented fiber. Each layer was at a thickness of 3.5 inches'), and
wherein the one or more layers of vertically lapped non-woven material are positioned below the top 3" of the assembly of material layers (Fig. 3 - see FIBER layer of vertically lapped nonwoven material positioned below the top 3 inches of the assembly of material layers; para [0024]); and
a top surface layer positioned on top of the assembly of material layers (Fig. 3 - see how a top hybrid foam-fiber upholstery layer and/or a top fire resistant material layer can be positioned on top of the assembly of material layers; para [0013], 'the mattress assembly can include additional layers overlaying and/or underlaying and/or encapsulating the hybrid mattress core assembly, e.g., a microcoil layer, a viscoelastic foam layer, a perforated foam layer, a fire-retardant layer, a quilt layer, sock layer, and the like'; para [0016], 'Regarding the upholstery layer, a hybrid foam-fiber bilayer laminate structure can be utilized to provide a desired level of support. The upholstery layer is seated onto the mattress core can fabric, covered and the resulting mattress assembly is covered in which is also referred to as ticking').
Purani does not specifically teach wherein the top surface layer is a vertically lapped nonwoven material that has a thickness of 1" or less.
However, Jafari teaches a bedding system (Fig. 1; para [0018], 'a cushion or pad device that is useful for...bedding'; para [0027]) comprising a top surface layer (10, Fig. 1; para [0027], 'FIG. 1 shows a plan view of an embodiment of the invention drawn to a pad device. In this embodiment, the non-woven 10) positioned on top of the assembly of material layers (Fig. 1 - see how pad 10 can be positioned on top of a mattress; para [0018]; para [0027]), wherein the top surface layer is a vertically lapped nonwoven material (Fig. 1; para [0018], 'The device comprises at least one layer of vertically lapped non-woven material') that has a thickness of 1 " or less (Fig. 1 - see how the layer 10 can have a thickness of 1 inch of less; para [0027], 'the height/depth of the at least one layer of nonwoven material is 1 mm to 120 mm, e.g. 10-100 mm or 30-80 mm'); and Jafari further teaches wherein the top surface layer is treated with surface one or more chemicals (Fig. 1 - see how the top layer 10 can be treated with a variety of different chemicals, including fire retardant chemicals; para [0026], 'The nonwoven can be formed using fibers that are treated with chemicals (e.g., dyes (for coloring of some or all of the fibers), fire retardant chemicals (e.g., phosphates, sulfates, silicates, etc.), scents (perfumes, etc.), topical additives such as phase change material particles, talc, carbon nanotubes, etc.). Alternatively, the nonwoven and/or the final assembly of a structure created from the nonwoven can be treated after formation with chemicals (e.g., dyes, scents, fire retardant chemicals, addition of microparticles, etc.)').
Accordingly, it would have been obvious to one of ordinary skill in the art to have modified the hybrid foam-fiber upholstery/fire-retardant layer of Purani's top surface layer by employing the chemically treated top surface layer of vertically lapped nonwoven material as taught by Jafari, in order to have allowed for a single thin top cushion layer with fire-retardant properties that also provides improved air circulation for enhanced comfort (Jafari - para [0006], 'the fiber-based foam replacement is breathable and has excellent airflow properties, making it ideal to dissipate heat').
As to claim 3
Purani in view of Jafari disclose the mattress of claim 2, and Jafari further teaches surface wherein the top surface layer is treated with one or more chemicals (Fig. 1 - see how the top layer 10 can be treated with a variety of different chemicals, including fire retardant chemicals, dyes, scents, etc.; para [0026], 'The nonwoven can be formed using fibers that are treated with chemicals (e.g., dyes (for coloring of some or all of the fibers), fire retardant chemicals (e.g., phosphates, sulfates, silicates, etc.), scents (perfumes, etc.), topical additives such as phase change material particles, talc, carbon nanotubes, etc.). Alternatively, the nonwoven and/or the final assembly of a structure created from the nonwoven can be treated after formation with chemicals (e.g., dyes, scents, fire retardant chemicals, addition of microparticles, etc.)').
Accordingly, it would have been obvious to one of ordinary skill in the art to have surface modified the top surface layer Purani's mattress by employing the chemically treated top layer as taught by Jafari, in order to have allowed for a fire resistant, colored and/or scented top surface layer, thus improving the mattress safety, comfort and aesthetics.
As to claim 4
Purani discloses the mattress of claim 1, and further teaches wherein the one or more layers of vertically lapped nonwoven material comprise 50%-100% of a portion of the assembly of material layers below the top 3" (Fig. 3 - see how both the one or more FIBER layers of vertically lapped nonwoven material and the one or more FOAM layers of foam are each 3.5 inches thick, such that the one or more FIBER layers constitutes 87 .5% of a portion of the assembly of materials layers below the top 3 inches of the mattress; para [0024]).
As to claim 5
Purani discloses the mattress of claim 1, and further teaches the mattress further comprising a flame retardant cover which encases the one or more layers of foam and the one or more layers of vertically lapped nonwoven (Fig. 3; para [0013], 'the mattress assembly can include additional layers overlaying and/or underlaying and/or encapsulating the hybrid mattress core assembly, e.g., a microcoil layer, a viscoelastic foam layer, a perforated foam layer, a fire-retardant layer, a quilt layer, a sock layer, and the like').
As to claim 7
Purani discloses the mattress of claim 1, and further teaches wherein the one or more layers of foam is a single block of foam at least 3" thick (Fig. 3 - see top FOAM layer comprising a single block of foam that is 3.5 inches thick; para [0024], 'a single layer of foam ... Each layer was at a thickness of 3.5 inches').
As to claim 8
Purani discloses a mattress (Figs. 3; para [0024], 'FIG. 3 pictorially illustrates a hybrid mattress core having a bilayer laminate structure') comprising: a fabric cover (Fig. 3 - see how the mattress can comprise a fabric cover over the hybrid mattress core; para [0013], 'the mattress assembly can include additional layers overlaying and/or underlaying and/or encapsulating the hybrid mattress core assembly, e.g., a microcoil layer, a viscoelastic foam layer, a perforated foam layer, a fire-retardant layer, a quilt layer, sock layer, and the like'; para [0016], 'Regarding the upholstery layer, a hybrid foam-fiber bilayer laminate structure can be utilized to provide a desired level of support. The upholstery layer is seated onto the mattress core can covered and the resulting mattress assembly is covered in fabric, which is also referred to as ticking'); one or more layers of foam (Fig. 3 - see top FOAM layer; para [0024], 'a single layer of foam'); and one or more layers of vertically lapped nonwoven (Fig. 3 - see bottom FIBER layer; para [0024], 'a single layer of vertically oriented fiber'; para [0033]; para [0034]; para [0035], 'the vertically oriented fibers, e.g., the vertically lapped formed pleats'), wherein the mattress comprises an assembly of material layers that comprises all of the one or more layers of foam and all of the one or more layers of vertically lapped nonwoven material (Fig. 3; para [0024]), wherein the assembly of material layers has a total thickness ranging from 5" to 18" (Fig. 3 - see how the assembly of material layers has a total thickness of 7 inches; para [0024], 'a single layer of foam laminated to a single layer of vertically oriented fiber. Each layer was at a thickness of 3.5 inches'), wherein at least the top 3" of the assembly of material layers are one or more layers of foam (Fig. 3 - see how the top 3.5 inches of the assembly of material layers are one or more layers of foam; para [0024], 'a single layer of foam laminated to a single layer of vertically oriented fiber. Each layer was at a thickness of 3.5 inches'), and wherein the one or more layers of vertically lapped nonwoven material are positioned below the top 3" of the assembly of material layers (Fig. 3 - see FIBER layer of vertically lapped nonwoven material positioned below the top 3 inches of the assembly of material layers; para [0024]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Purani in view of US 4,164,797 A to Golembeck.
As to claim 6
Purani discloses the mattress of claim 5, and further appreciates the use of a cover fabric (Fig. 3 - see how the mattress can comprise a cover over the hybrid mattress core; para [0013], 'the mattress assembly can include additional layers overlaying and/or underlaying and/or encapsulating the hybrid mattress core assembly, e.g., a microcoil layer, a viscoelastic foam layer, a perforated foam layer, a fire-retardant layer, a quilt layer, sock layer, and the like'; para [0016], 'Regarding the upholstery layer, a hybrid foam-fiber bilayer laminate structure can be utilized to provide a desired level of support. The upholstery layer is seated onto the mattress core can covered and the resulting mattress assembly is covered in fabric, which is also referred to as ticking').
Purani does not specifically teach the mattress further comprising a zippered cover which fits over the flame retardant cover when it contains the one or more layers of foam and the one or more layers of vertically lapped nonwoven material.
However, Golembeck teaches a mattress (10, 24, Fig. 1-3 - see mattress assembly 10 with mattress fill 24; col. 2, ln 14-19, 'a mattress construction 10'; col. 2, ln 20-29, 'mattress filler 24'), comprising one or more layers (24, Fig. 1-3); and further teaches the mattress further comprising a zippered cover which fits over the one or more layers (12, 14, Fig. 1-3; col. 2, ln 14-19, 'a mattress construction 10 including a cover 12 having a zipper 14 extending across one end 16. As indicated, this zipper extends around the mattress comer for a short distance along the side 18 of the cover'; col. 2, ln 20-29, 'FIGS . 2 and 3 illustrate the chain portion 20 of the zipper as well as the zipper closer 22. When the zipper is closed, the closer 22 is positioned at the end of the zipper located on the side 18 of the mattress. As shown in Fig. 3, this provides a complete enclosure for the mattress filler 24. 1n a typical case, the zipper 14 is opened when the mattress filler is inserted in the cover').
Accordingly, it would have been obvious to one of ordinary skill in the art to have modified the mattress of Purani's assembly by employing a zippered cover as taught by Golembeck, such that a zippered cover were provided that fits over the flame retardant cover when it contains the one or more layers of foam and the one or more layers of vertically lapped nonwoven material, in order to have allowed for a simple and efficient process for washing a mattress cover, thus providing a more hygienic mattress assembly.
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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/J. T. Newton/Primary Examiner, Art Unit 3673 5 March 2026