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 .
Claims 1-7 and 12-15 are pending in the application. No newly added claims presented. Claims 8-11 are canceled.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Applicant’s drawings and specifications does not appear to provide support for “singular sidewall border component attached to a quilted top panel component by a second sewn tape edge”. It appears that the sidewall of the flap is attached to a quilted top panel component by a second sewn tape edge as disclosed in figure 8 and [page 13 & 14 of the specification] of applicant’s disclosure.
the each pillow top mattress cover further comprising a plurality of layers of cushioning material between the quilted top panel component and the upper thin fabric panel”. Applicant’s disclosure only appears to support a single layer of cushioning material.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear to the Examiner what Applicant is referring to as “the lowersingular sidewall border component” in claim 1 line 4. It appears applicant is attempting to reference the “a singular lower sidewall border component in claim 1 line 4. Examiner is examining claims under the assumption this limitation is referencing “a singular lower sidewall border component. Claims will be examined as best understood.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear to the Examiner what Applicant is referring to as “the upper thin fabric flap”. This language is not disclosed in applicant’s specification and is not disclosed in a manner that makes it clear what structure Applicant is referring to. Examiner is examining claims under the assumption this limitation is related to the previously recited “flap” limitation, maybe referencing a upper surface of the flap. Claims will be examined as best understood.
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 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) 15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2010/0287707A1 hereinafter referred to as Beard in view of US Patent 5,461,737 hereinafter referred to as Ikeda further in view of US Patent Publication US2009/0100606A1 hereinafter referred to as An.
Re-Claim 15
Beard discloses a mattress cover 20, 30, 50 fig.2 & 14 for subsequent assembly with a mattress core 40, 60 fig.8, the mattress cover comprising: a quilted top panel component 20 fig.2 & 14 having a periphery, the quilted top panel component comprising a top exterior fabric panel 21 fig.12 with a peripheral edge portion, a thin interior fabric panel 24 fig.12 with a peripheral edge portion, at least one foam layer 22, 23 fig.12 with a peripheral edge and at least one low density fiber layer 22, 23 fig.12 sandwiched between the exterior fabric panel and the thin interior fabric panel, the quilted top panel having an ordered or matrixical arrangement (see fig.12 [0077]) of connections extending through the top panel thereby securing together the top exterior fabric panel, the thin interior fabric panel, the at least one foam layer, and the at least one low density fiber layer [0077]; a sidewall border component 30 fig.2 & 14 extending around the entire periphery, the sidewall border component comprising an exterior fabric strip 35 fig.7 with an upper edge portion and a lower edge portion, a thin interior fabric strip 33 fig.7 with an upper edge portion and a lower edge portion, a foam or fiber layer strip 34 fig.7 sandwiched between the exterior fabric strip and the thin interior fabric strip, the sidewall border component secured to the quilted top panel component by tape edge 37 fig.2 & 14 [0074, 0078] extending about and sewn to the top exterior fabric panel peripheral edge portion, the thin interior fabric panel peripheral edge portion, the upper edge portion of the exterior fabric strip, and the upper edge portion of the interior thin fabric strip; a sheet 72 fig.2 & 14 at least partially separating a first pocket (about 31 in figure 14) from a second pocket (about 38 in figure 14), the sheet positioned between the quilted top panel component and the sidewall border component (see fig.14), one or more layers of cushioning material 90, 91 fig.14 positioned between the quilted top panel component and the sheet and a foam layer 71 fig.14 positioned within the first pocket, a thin bottom fabric panel 32, 50 fig.2, 10 & 14 with an edge portion, the bottom fabric panel joined to the sidewall border component by tape edge 36 fig.2 & 14 [0074, 0078] extending about and sewn to the thin bottom panel edge portion, the lower edge portion of the exterior fabric strip, and the lower edge portion of the thin interior fabric strip; wherein the thin interior fabric panel of the quilted top panel component, the thin interior fabric strip of the quilted sidewall border component, and the thin bottom fabric panel define a mattress core receiving pocket (see fig.1, 2 & 14), and wherein the thin bottom fabric panel has a zipper 51 fig.10 extending along three of four sides of a periphery of the thin bottom fabric panel for accessing the mattress core receiving pocket [0074].
However does not disclose a flap at least partially separating a first pocket from a second pocket or the one or more layers of cushioning material secured with adhesive.
Ikeda teaches a mattress cover 7 fig.1 for subsequent assembly with a mattress core 1 fig.1 wherein one or more layer of cushioning material 6 fig.1 is secured with adhesive to a sheet 13 fig.1 [column 4 lines 24-35, column 5 lines 15-28].
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the foam layer glued to and positioned below the upper thin fabric panel, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
An teaches a mattress cover 40, 50, 50’ fig.12 & 13 for subsequent assembly with a mattress core 30a fig.12 wherein a flap 52 fig. 12 at least partially separating a first pocket from a second pocket (see fig.12), the flap positioned between a top panel 30, 50 fig.12 and a sidewall border component 40.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the mattress cover of Beard with a separation sheet and the mattress cover of An with a separation flap and with a reasonable expectation of success arrived at mattress cover with a separation flap. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of separating the first pocket from the second pocket while still allowing access to both pockets as taught in An [0061].
Allowable Subject Matter
Claims 7 and 12-14 allowed.
The prior art of disclose elements of the claimed apparatus however does not disclose “the textured surface positioned adjacent the mattress core and the flat surface being glued to the intermediate fabric panel”. For at least that reason the limitation appears for overcome the prior art of record.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 and 12-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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
