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 .
Response to Arguments
35 USC 103
Applicant’s arguments, see pp. 6-8, filed 7 July 2026, with respect to the rejection(s) of claim(s) 1-7 and 11-17 under 35 USC 103 over the combination of Ainsworth and Keidser not teaching the amended claim limitation “at least partially encapsulates the mattress at least along the mattress's sides” have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, Applicant’s remarks regarding the combination of Ainsworth and Keidser were directed towards the independent claims, but Applicant did not address the dependent claims with regards to of US 20110023234 A1 to Bolish. Upon further consideration, a new ground(s) of rejection is made in view of US 20110023234 A1 to Bolish.
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, 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) 1-2, 7, 11-12, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3965504 to Ainsworth in view of US 5070561 to Keidser and further in view of US 20110023234 A1 to Bolish.
Re Claim 1, Ainsworth teaches:
A bedding system adaptable to fit on a mattress (at least [Abstract] “bedding assembly”), the bedding system including a bottom blanket (at least Fig. 1 element 20 and [Col. 2 lines 20-25] “bed pad 20 disposed on the upper surface of mattress 12”.), a top blanket (at least Fig. 1 element 48 and [Col. 2 lines 45-55] “bedspread 48”.), a bottom sheet (at least Fig. 1 element 28 and [Col. 2 lines 25-36] “sheet 28”.), and a top sheet (at least Fig. 1 element 38 and [Col. 2 lines 36-46] “blanket 38”.), comprising:
the bottom blanket, forming a single layer, being directly releasably attachable to the top blanket (at least Fig. 1 elements 20 and 48 and [Col. 2 lines 55-66] “on the underside of bedspread 48 along the inner margin of each of side panels 50 thereof is disposed releasable attaching means such as a zipper half 54 which is releasably interconnected with a matching means such as a zipper half disposed along the edge of pad 20 on the same side thereof. Preferably, zipper halves 36 extend the length of the sides of pad 20”.), in which a bottom surface of the bottom blanket at least partially encapsulates the mattress (at least Fig. 1 and [Col. 2 lines 20-25] “a generally flat bed pad 20 disposed on the upper surface of mattress 12 and releasably connected to mattress 12 by flexible straps 22 which are normally looped down around the corners 24 of mattress 12”.),
the bottom sheet forms a single layer (at least Fig. 1 element 28 and [Col. 2 lines 26-36] “A bottom rectangular bed sheet 28 is disposed on the upper surface of pad 20 and releasably connected thereto by Velcro strips 30, or the like, on the underside thereof, which strips 30 match strips 26”.); and the top sheet, forming a single layer (at least Fig. 1 element 48 and [Col. 2 lines 45-55] “bedspread 48”.), wherein the bottom sheet and the top sheet are at least partially encapsulated when the bottom blanket is attached to the top blanket (at least Fig. 1 and [Col. 2 lines 45-55] “Bedspread 48 may be wider, if desired, and as shown in the single FIGURE, than blanket 38, so that side panels 50 thereof can hang down and overlap the side margins of assembly 10”.).
Ainsworth does not explicitly teach:
a bottom surface of the bottom blanket at least partially encapsulates the mattress at least along the mattress's sides;
wherein the top blanket has multiple releasable attachments configured to interconnect with multiple releasable attachments of the bottom blanket, whereby multiple sides of the bedding system are closed when the multiple top blanket releasable attachments are interconnected with the multiple bottom blanket releasable attachments, and wherein the bottom blanket's releasable attachments are a distance from its edges.
However, Keidser teaches:
wherein the top blanket has multiple releasable attachments configured to interconnect with multiple releasable attachments of the bottom blanket (at least Figs. 2-4 and [Col. 4 lines 7-21] “male components 46 of the fasteners can be attached to the bottom, top sheet emulating component 28 of bed cover 24 and the cooperating female components 48 to the top, exposed component 26; or this arrangement may be reversed”.), whereby multiple sides of the bedding system are closed when the multiple top blanket releasable attachments (at least Figs. 2 and 4) are interconnected with the multiple bottom blanket releasable attachments, and wherein the bottom blanket's releasable attachments are a distance from its edges (at least Fig. 2, edge 36 of the bottom blanket are offset a distance from edge 28 of the top blanket and fasteners 46).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by Ainsworth with the attachments taught by Keidser with a reasonable expectation of success and predictable results to result in a top blanket overlaid and attached to a bottom blanket. A person having ordinary skill would have been motivated to do so because “in either event the bottom component 28 is easily and readily attached to the top component 26 and equally easily separated from the latter so that the two bed cover components can be separately washed, for example” (Keidser [Col. 4 lines 7-21]).
The combination of Ainsworth and Keidser does not explicitly teach:
a bottom surface of the bottom blanket at least partially encapsulates the mattress at least along the mattress's sides.
However, Bolish teaches:
a bottom surface of the bottom blanket at least partially encapsulates the mattress at least along the mattress's sides (at least Figs. 4-5F and [0050] “a releasable corner fastener is placed on the edge of side panel 30 which corresponds to female element 130 of a releasable corner fastener placed on the edge of side panel 70 which form a corner when male element 110 is joined to corresponding female element 130”).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by the combination of Ainsworth and Keidser with the encapsulating the mattress taught by Bolish with a reasonable expectation of success and predictable results to result in a top blanket overlaid and attached to a bottom blanket. A person having ordinary skill would have been motivated to do so because doing so comprises “giving it much neater lines and reduces chances of tripping when walking around the bed” (Bolish [0050]).
Re Claim 2, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 1 (detailed with respect to claim 1).
Ainsworth further teaches:
wherein the top sheet is releasably attached to the top blanket (at least Fig. 1 and [Col. 2 lines 45-55] “Spaced strips 44, similar to strips 42 and 40, are disposed on the upper surface of blanket 38 and match spaced strips 46 on the underside of a rectangular bedspread 48, releasably securing bedspread 48 to the upper surface of blanket 38”.).
Re Claim 7, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 1 (detailed with respect to claim 1).
The combination of Ainsworth and Keidser does not explicitly teach:
further comprising two or more panels extending from two or more sides of the top sheet.
Bolish further teaches:
further comprising two or more panels extending from two or more sides of the top sheet (at least Fig. 1 and [0050] “side panels (30, 40, 70)”.).
Re Claim 11, Ainsworth teaches:
A bedding system adaptable to fit on a mattress (at least [Abstract] “bedding assembly”), the bedding system including a bottom blanket (at least Fig. 1 element 20 and [Col. 2 lines 20-25] “bed pad 20 disposed on the upper surface of mattress 12”.), a top blanket (at least Fig. 1 element 48 and [Col. 2 lines 45-55] “bedspread 48”.), a bottom sheet (at least Fig. 1 element 28 and [Col. 2 lines 25-36] “sheet 28”.), and a top sheet (at least Fig. 1 element 38 and [Col. 2 lines 36-46] “blanket 38”.), comprising:
the bottom blanket being directly releasably attachable to the top blanket (at least Fig. 1 elements 20 and 48 and [Col. 2 lines 55-66] “on the underside of bedspread 48 along the inner margin of each of side panels 50 thereof is disposed releasable attaching means such as a zipper half 54 which is releasably interconnected with a matching means such as a zipper half disposed along the edge of pad 20 on the same side thereof. Preferably, zipper halves 36 extend the length of the sides of pad 20”.), in which a bottom surface of the bottom blanket at least partially encapsulates the mattress (at least Fig. 1 and [Col. 2 lines 20-25] “a generally flat bed pad 20 disposed on the upper surface of mattress 12 and releasably connected to mattress 12 by flexible straps 22 which are normally looped down around the corners 24 of mattress 12”.),
the bottom sheet forms a single layer (at least Fig. 1 element 28 and [Col. 2 lines 26-36] “A bottom rectangular bed sheet 28 is disposed on the upper surface of pad 20 and releasably connected thereto by Velcro strips 30, or the like, on the underside thereof, which strips 30 match strips 26”.); and the top sheet, forming a single layer (at least Fig. 1 element 48 and [Col. 2 lines 45-55] “bedspread 48”.).
Ainsworth does not explicitly teach:
a bottom surface of the bottom blanket at least partially encapsulates the mattress at least along the mattress's sides;
wherein the top blanket has multiple releasable attachments configured to interconnect with multiple releasable attachments of the bottom blanket, whereby multiple sides of the bedding system are closed when the multiple top blanket releasable attachments are interconnected with the multiple bottom blanket releasable attachments, and wherein the bottom blanket's releasable attachments are a distance from its edges;
However, Keidser teaches:
wherein the top blanket has multiple releasable attachments configured to interconnect with multiple releasable attachments of the bottom blanket (at least Figs. 2-4 and [Col. 4 lines 7-21] “male components 46 of the fasteners can be attached to the bottom, top sheet emulating component 28 of bed cover 24 and the cooperating female components 48 to the top, exposed component 26; or this arrangement may be reversed”.), whereby multiple sides of the bedding system are closed when the multiple top blanket releasable attachments (at least Figs. 2 and 4) are interconnected with the multiple bottom blanket releasable attachments, and wherein the bottom blanket's releasable attachments are a distance from its edges (at least Fig. 2, edge 36 of the bottom blanket are offset a distance from edge 28 of the top blanket and fasteners 46).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by Ainsworth with the attachments taught by Keidser with a reasonable expectation of success and predictable results to result in a top blanket overlaid and attached to a bottom blanket. A person having ordinary skill would have been motivated to do so because “in either event the bottom component 28 is easily and readily attached to the top component 26 and equally easily separated from the latter so that the two bed cover components can be separately washed, for example” (Keidser [Col. 4 lines 7-21]).
The combination of Ainsworth and Keidser does not explicitly teach:
a bottom surface of the bottom blanket at least partially encapsulates the mattress at least along the mattress's sides.
However, Bolish teaches:
a bottom surface of the bottom blanket at least partially encapsulates the mattress at least along the mattress's sides (at least Figs. 4-5F and [0050] “a releasable corner fastener is placed on the edge of side panel 30 which corresponds to female element 130 of a releasable corner fastener placed on the edge of side panel 70 which form a corner when male element 110 is joined to corresponding female element 130”).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by the combination of Ainsworth and Keidser with the encapsulating the mattress taught by Bolish with a reasonable expectation of success and predictable results to result in a top blanket overlaid and attached to a bottom blanket. A person having ordinary skill would have been motivated to do so because doing so comprises “giving it much neater lines and reduces chances of tripping when walking around the bed” (Bolish [0050]).
Re Claim 12, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 11 (detailed with respect to claim 11).
Ainsworth further teaches:
wherein the top sheet is releasably attached to the top blanket (at least Fig. 1 and [Col. 2 lines 25-36] “A bottom rectangular bed sheet 28 is disposed on the upper surface of pad 20 and releasably connected thereto by Velcro strips 30, or the like, on the underside thereof, which strips 30 match strips 26”.).
Re Claim 17, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 11 (detailed with respect to claim 11).
However, Bolish further teaches:
further comprising two or more panels extending from two or more sides of the top sheet (at least Fig. 1 and [0050] “side panels (30, 40, 70)”.).
Claim(s) 3, 6, 13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ainsworth in view of Keidser and Bolish and further in view of US 20070245492 A1 to Combellick.
Re Claim 3, the combination of Ainsworth and Keidser teaches:
The bedding system of claim 1 (detailed with respect to claim 1).
The combination of Ainsworth, Keidser, and Bolish does not explicitly teach:
wherein the bottom sheet has a length dimension and a width dimension, whereby each being less than a length dimension and a width dimension, of the top surface of the bottom blanket, respectively.
However, Combellick teaches:
wherein the bottom sheet has a length dimension and a width dimension, whereby each being less than a length dimension and a width dimension, of the top surface of the bottom blanket, respectively (at least Fig. 1 element 38, which shows the interior sheet fitting within the exterior blanket).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by the combination of Ainsworth, Keidser, and Bolish with the dimensions taught by Combellick with a reasonable expectation of success and predictable results to result in a bottom sheet smaller than the bottom blanket. A person having ordinary skill would have been motivated to do so because it can fit inside and be “manually turned "inside out" so that first bottom side 22 and second top side 38 are exposed” (Combellick [0026]).
Re Claim 6, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 1 (detailed with respect to claim 1).
The combination of Ainsworth, Keidser, and Bolish does not explicitly teach:
wherein the top blanket has three releasable attachments configured to interconnect with three releasable attachments of the bottom blanket, whereby three sides of the bedding system are closed when the three top blanket releasable attachment are interconnected with the three bottom blanket releasable attachments.
However, Combellick teaches:
wherein the top blanket has three releasable attachments configured to interconnect with three releasable attachments of the bottom blanket, whereby three sides of the bedding system are closed when the three top blanket releasable attachment are interconnected with the three bottom blanket releasable attachments (at least Fig. 4 elements 58 and 60 and [0024] “Button holes 60 are formed in first top side 18, first sheet batting 20 and first bottom side 22 (only first top side 18 is visible in FIG. 4). Buttons 58 are anchored on second top side 38 (also not visible in FIG. 4). Alternatively, a pattern of buttons 58 and button holes 60 may also be positioned along third edge 28 for a three-edge arrangement”.).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by the combination of Ainsworth, Keidser, and Bolish with the releasable attachments taught by Combellick with a reasonable expectation of success and predictable results to result in a top blanket releasably attachable to three sides of the bottom blanket. A person having ordinary skill would have been motivated to do so because it can fit inside and be “all buttons 58 are unfastened from button holes 60 […] Then buttons 58 are simply refastened in button holes 60” (Combellick [0028]), which easy allows access to the interior.
Re Claim 13, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 11 (detailed with respect to claim 11).
The combination of Ainsworth, Keidser, and Bolish does not explicitly teach:
wherein the bottom sheet has a length dimension and a width dimension, whereby each being less than a length dimension and a width dimension, of the top surface of the bottom blanket, respectively.
However, Combellick teaches:
wherein the bottom sheet has a length dimension and a width dimension, whereby each being less than a length dimension and a width dimension, of the top surface of the bottom blanket, respectively (at least Fig. 1 element 38, which shows the interior sheet fitting within the exterior blanket).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by the combination of Ainsworth, Keidser, and Bolish with the dimensions taught by Combellick with a reasonable expectation of success and predictable results to result in a bottom sheet smaller than the bottom blanket. A person having ordinary skill would have been motivated to do so because it can fit inside and be “manually turned "inside out" so that first bottom side 22 and second top side 38 are exposed” (Combellick [0026]).
Re Claim 16, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 11 (detailed with respect to claim 11).
The combination of Ainsworth, Keidser, and Bolish does not explicitly teach:
wherein the top blanket has three releasable attachments configured to interconnect with three releasable attachments of the bottom blanket, whereby three sides of the bedding system are closed when the three top blanket releasable attachment are interconnected with the three bottom blanket releasable attachments.
However, Combellick teaches:
wherein the top blanket has three releasable attachments configured to interconnect with three releasable attachments of the bottom blanket, whereby three sides of the bedding system are closed when the three top blanket releasable attachment are interconnected with the three bottom blanket releasable attachments (at least Fig. 4 elements 58 and 60 and [0024] “Button holes 60 are formed in first top side 18, first sheet batting 20 and first bottom side 22 (only first top side 18 is visible in FIG. 4). Buttons 58 are anchored on second top side 38 (also not visible in FIG. 4). Alternatively, a pattern of buttons 58 and button holes 60 may also be positioned along third edge 28 for a three-edge arrangement”.).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by the combination of Ainsworth, Keidser, and Bolish with the releasable attachments taught by Combellick with a reasonable expectation of success and predictable results to result in a top blanket releasably attachable to three sides of the bottom blanket. A person having ordinary skill would have been motivated to do so because it can fit inside and be “all buttons 58 are unfastened from button holes 60 […] Then buttons 58 are simply refastened in button holes 60” (Combellick [0028]), which easy allows access to the interior.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ainsworth in view of Keidser and Bolish and further in view of US 9549625 B1 to Wilkinson.
Re Claim 4, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 1 (detailed with respect to claim 1).
The combination of Ainsworth, Keidser, and Bolish does not explicitly teach:
wherein the bottom blanket further comprises a pocket fixedly attached to a plurality of sides of the bottom surface of the bottom blanket, wherein the pocket includes an opening opposing the bottom surface of the bottom blanket.
However, Wilkinson teaches:
wherein the bottom blanket further comprises a pocket fixedly attached to a plurality of sides of the bottom surface of the bottom blanket, wherein the pocket includes an opening opposing the bottom surface of the bottom blanket (at least Fig. 1 and [Col. 7 lines 55-67 to Col. 8 lines 1-3] “the bottom sheet central portion 134 may cover the top side 104 of the mattress 102, and the bottom sheet peripheral portion 138 may cover the periphery 108 of the mattress 102. The bottom sheet peripheral portion 138 may be sewn such that, in combination with the bottom sheet central portion 134, the bottom sheet peripheral portion 138 defines a box-like configuration with corners that are pre-formed at the proper spacing to align with the corners of the mattress 102. Thus, in the installed configuration, the bottom sheet 120 may fit snugly and securely on the mattress 102”.).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by the combination of Ainsworth, Keidser, and Bolish with the bottom blanket dimensions taught by Wilkinson with a reasonable expectation of success and predictable results to result in a bottom blanket with overhangs that form a pocket for the mattress. A person having ordinary skill would have been motivated to do so because “the bottom sheet peripheral portion 138 defines a box-like configuration with corners that are pre-formed at the proper spacing to align with the corners of the mattress 102. Thus, in the installed configuration, the bottom sheet 120 may fit snugly and securely on the mattress 102” (Wilkinson [Col. 7 lines 55-67 to Col. 8 lines 1-3]).
Re Claim 5, the combination of Ainsworth, Keidser, Bolish, and Wilkinson teaches:
The bedding system of claim 4 (detailed with respect to claim 4).
Wilkinson further teaches:
wherein the opening has a width dimension and a length dimension at least equal to a width dimension and a length dimension of the bottom surface of the bottom blanket (at least Fig. 1 and [Col. 7 lines 55-67 to Col. 8 lines 1-3] “the bottom sheet central portion 134 may cover the top side 104 of the mattress 102, and the bottom sheet peripheral portion 138 may cover the periphery 108 of the mattress 102”.), and
the opening further comprises an elastic material to close the opening after being fitted onto the structure, whereby the bedding system is secured to the structure (at least Figs. 2-3 and [Col. 9 lines 55-62] “the linking member 152 may also be elastic so that the linking member 152 applies elastic force tending to draw the anchors 154 together. In such embodiments, the linking member 152 may have a flexible elastic component, such as the elastic component of a bungee cord or shock cord”.).
Re Claim 14, the combination of Ainsworth, Keidser, and Bolish teaches:
The bedding system of claim 11 (detailed with respect to claim 11).
The combination of Ainsworth, Keidser, and Bolish does not explicitly teach:
wherein the bottom blanket further comprises a pocket fixedly attached to a plurality of sides of the bottom surface of the bottom blanket, wherein the pocket includes an opening opposing the bottom surface of the bottom blanket.
However, Wilkinson teaches:
wherein the bottom blanket further comprises a pocket fixedly attached to a plurality of sides of the bottom surface of the bottom blanket, wherein the pocket includes an opening opposing the bottom surface of the bottom blanket (at least Fig. 1 and [Col. 7 lines 55-67 to Col. 8 lines 1-3] “the bottom sheet central portion 134 may cover the top side 104 of the mattress 102, and the bottom sheet peripheral portion 138 may cover the periphery 108 of the mattress 102. The bottom sheet peripheral portion 138 may be sewn such that, in combination with the bottom sheet central portion 134, the bottom sheet peripheral portion 138 defines a box-like configuration with corners that are pre-formed at the proper spacing to align with the corners of the mattress 102. Thus, in the installed configuration, the bottom sheet 120 may fit snugly and securely on the mattress 102”.).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the bedding system taught by the combination of Ainsworth, Keidser, and Bolish with the bottom blanket dimensions taught by Wilkinson with a reasonable expectation of success and predictable results to result in a bottom blanket with overhangs that form a pocket for the mattress. A person having ordinary skill would have been motivated to do so because “the bottom sheet peripheral portion 138 defines a box-like configuration with corners that are pre-formed at the proper spacing to align with the corners of the mattress 102. Thus, in the installed configuration, the bottom sheet 120 may fit snugly and securely on the mattress 102” (Wilkinson [Col. 7 lines 55-67 to Col. 8 lines 1-3]).
Re Claim 15, the combination of Ainsworth, Keidser, Bolish, and Wilkinson teaches:
The bedding system of claim 14 (detailed with respect to claim 14).
Wilkinson further teaches:
wherein the opening has a width dimension and a length dimension at least equal to a width dimension and a length dimension of the bottom surface of the bottom blanket (at least Fig. 1 and [Col. 7 lines 55-67 to Col. 8 lines 1-3] “the bottom sheet central portion 134 may cover the top side 104 of the mattress 102, and the bottom sheet peripheral portion 138 may cover the periphery 108 of the mattress 102”.), and
the opening further comprises an elastic material to close the opening after being fitted onto the structure, whereby the bedding system is secured to the structure (at least Figs. 2-3 and [Col. 9 lines 55-62] “the linking member 152 may also be elastic so that the linking member 152 applies elastic force tending to draw the anchors 154 together. In such embodiments, the linking member 152 may have a flexible elastic component, such as the elastic component of a bungee cord or shock cord”.).
Allowable Subject Matter
Claims 8-10 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Examiner notes that US 3965504 to Ainsworth, US 5070561 to Keidser, US 9549625 B1 to Wilkinson, US 20070245492 A1 to Combellick, and US 20110023234 A1 to Bolish are particularly relevant. Regarding claims 8 and 18, the combination of Ainsworth and Keidser teaches a bedding system comprising a bottom blanket, top blanket, bottom sheet, and top sheet with the bottom blanket being directly releasably attachable to the top blanket. Bolish teaches that two or more panels can extend from two or more sides of the top sheet (Fig. 1). However, Ainsworth, Wilkinson, Combellick, and Bolish fail to teach Applicant’s claimed “wherein the two or more panels have a plurality of panel releasable attachments and the top sheet top surface have a plurality of top sheet top surface releasable attachments, whereby the plurality of panel releasable attachments attaches to the plurality of top sheet top surface releasable attachments forming a tucked position”. As seen in Applicant’s Fig. 3, Applicant’s claimed panels are part of the top sheet, which itself lies underneath the top blanket, and the panels extending from the side of the top sheet are claimed to attach to the top surface of the top sheet. In essence, Applicant’s panels attach to the same layer top sheet. Ainsworth, Keidser, Wilkinson, and Combellick are silent on the claimed panels. The panels of Bolish cannot attach to the top surface (Figs. 1 and 5 element 20) because the panels are meant to attach to each other. As seen in Wilkinson Fig. 1 element 184 and Bolish Figs. 4-5, side panels in the prior art are meant to fold down to attach to a surface underneath the layer. However, because the attachments are located on the top surface of the top sheet in Applicant’s claimed invention, the panels in Applicant’s claimed invention fold up and form a tucked position (as seen in Applicant’s Figs. 6-7). There is no teaching or suggestion in the prior art to arrive at Applicant’s claimed structure. The dependent claims are objected to for similar reasons due to their dependence on claims 8 and 18.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin 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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/GEORGE SUN/Primary Examiner, Art Unit 3673
Prosecution Insights