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) 47-66 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2019/0333127A1 hereinafter referred to as Nolte in view of US Patent Publication US2017/0156508A1 hereinafter referred to as Segal.
Re-Claim 47
Nolte teaches a method for assembling 228, 232, 236 fig.28 a mattress 40 fig.1 having a form, the method comprising: providing a chassis 96, 100, 104 fig.8 defining a cavity 136 fig.9; positioning a spring pack 184 fig.27 in the cavity; positioning a first cover 72 fig.8 over the coil pack and attaching the first cover to the chassis with a first zipper 120, 124 fig.8; wherein the chassis accepts the zippers to establish the form and mitigate the chassis, the spring pack and the first cover from shifting (it would be inherent in the assembly that zipping the structures together mitigates shifting).
However does not discloses positioning a comfort layer over the first cover and attaching the comfort layer to the chassis using a second zipper.
Segal teaches a method for assembling a mattress 100 fig.1/500 fig.5 the method comprising: providing a chassis 506 fig.7 a first cover 504 fig.7 and positioning a comfort layer 700 fig.7 over the first cover and attaching the comfort layer to the chassis using a second zipper 706 fig.7.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined method of assembling a mattress of Nolte and a method of assembling a mattress of Segal including positioning and attaching a comfort layer to a first cover using a zipper and with a reasonable expectation of success arrived at method for assembling a mattress including zipping a comfort layer to the first cover. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of preventing the comfort layer from shifting while moving the mattress and adjusting the firmness of the mattress as taught in Segal [0033 & 0035].
Re-Claim 48
Nolte as modified by Segal above discloses,
wherein the first zipper attaches the first cover to the chassis at a first point of the chassis (see fig.20 Nolte).
Re-Claim 49
Nolte as modified by Segal above discloses,
wherein the second zipper attaches the comfort layer to the chassis at a second point of the chassis (see fig.7 Segal).
Re-Claim 50
Nolte as modified by Segal above discloses,
further comprising positioning a second cover 68 fig.8 Nolte, 502 fig.6 Segal over the comfort layer and attaching the second cover to the chassis using a third zipper 112, 116 fig.8 Nolte, 508 fig.6 Segal.
Re-Claim 51
Nolte as modified by Segal above discloses,
wherein the third zipper attaches the second cover to the chassis at a third point of the chassis (see fig.5 & 6 Segal, fig.24 Nolte).
Re-Claim 52
Nolte as modified by Segal above discloses,
wherein the chassis accepts the zippers to establish the form and mitigate the chassis, the spring pack, the first and second covers and the comfort layer from shifting (it would be inherent in the assembly that zipping the structures together mitigates shifting).
Re-Claim 53
Nolte as modified by Segal above discloses,
wherein: the first zipper attaches the first cover to the chassis at a first point of the chassis; and the second zipper attaches the comfort layer to the chassis at a second point of the chassis (see fig.24 Nolte and fig.6 & 7 Segal).
Re-Claim 54
Nolte as modified by Segal above discloses,
further comprising positioning a second cover 68 fig.8 Nolte, 502 fig.6 Segal over the comfort layer and attaching the second cover to the chassis using a third zipper 112, 116 fig.8 Nolte, 508 fig.6 Segal.
Re-Claim 55
Nolte as modified by Segal above discloses,
wherein the third zipper attaches the second cover to the chassis at a third point of the chassis (see fig.5 & 6 Segal, fig.24 Nolte).
Re-Claim 56
Nolte as modified by Segal above discloses,
Nolte disclose wherein the chassis comprises a bottom wall 128 fig.9, opposite first and second side walls 132 fig.9 extending upwardly from the bottom wall and opposite first and second end walls 132 fig.9 extending upwardly from the bottom wall, the walls defining the cavity.
Re-Claim 57
Nolte as modified by Segal above discloses,
Nolte disclose further comprising: removing 228 fig.28 the chassis from a container 180 fig.23 with the chassis in a folded and compressed configuration; removing the chassis from an outer plastic sleeve 176 fig.23; unfolding the chassis; and removing the chassis from an inner plastic cover 176 to decompress the chassis [0064 “In some embodiments, an additional plastic film is wrapped around the vacuum sealed mattress assembly 40 to provide additional strength and packaging integrity.”].
Re-Claim 58
Nolte as modified by Segal above discloses,
wherein the chassis is removed from the outer plastic sleeve using a cutting tool [0078] Nolte.
Re-Claim 59
Nolte as modified by Segal above discloses,
Nolte disclose further comprising: removing 228 fig.28 the spring pack from a container 180 fig.23 with the spring pack in a rolled and compressed configuration; removing the spring pack an outer plastic sleeve 176 fig.23; unrolling the spring pack; and removing the spring pack from an inner plastic cover 176 to decompress the spring pack [0064 “In some embodiments, an additional plastic film is wrapped around the vacuum sealed mattress assembly 40 to provide additional strength and packaging integrity.”].
Re-Claim 60
Nolte as modified by Segal above discloses,
wherein the spring pack is removed from the outer plastic sleeve using a cutting tool [0078] Nolte.
Re-Claim 61
Nolte as modified by Segal above discloses,
wherein removing the spring pack from the inner plastic cover comprises making an incision in the inner plastic cover [0078] Nolte.
Re-Claim 62
Nolte as modified by Segal above discloses,
Nolte disclose further comprising: removing 228 fig.28 the comfort layer from a container 180 fig.23 with the comfort layer in a rolled and compressed configuration; removing the comfort layer from at least one outer plastic sleeve 176 fig.23; unrolling the comfort layer; and removing the comfort layer from at least one inner plastic cover 176 to decompress the comfort layer [0064 “In some embodiments, an additional plastic film is wrapped around the vacuum sealed mattress assembly 40 to provide additional strength and packaging integrity.”].
Re-Claim 63
Nolte as modified by Segal above discloses,
wherein the comfort layer is removed from the outer plastic sleeve using a cutting tool [0078] Nolte.
Re-Claim 64
Nolte as modified by Segal above discloses,
wherein removing the comfort layer pack from the inner plastic cover comprises piercing the inner plastic cover [0078] Nolte.
Re-Claim 65
Nolte as modified by Segal above discloses,
Nolte discloses wherein: the first cover comprises a first row of teeth 124 of the first zipper and the chassis comprises a second row of teeth 124 of the first zipper; and attaching the first cover to the chassis comprises interdigitating the first row of teeth with the second row of teeth (see fig.25).
Re-Claim 66
Nolte as modified by Segal above discloses,
Segal teaches wherein: the comfort layer comprises a first row of teeth 706 fig.7 of the second zipper and the chassis comprises a second row of teeth 706 fig.7 of the second zipper; and attaching the comfort layer to the chassis comprises interdigitating the first row of teeth with the second row of teeth (see fig.7).
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