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 .
Drawings
Figures 2 and 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. (Please refer to page 5, paragraph 0018 of the specification.) See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, Applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 8, 9, 13 and 15 are objected to because of the following informalities:
1) In claim 8, line 2: The term “comprise” should be changed to --comprises--.
2) In claim 9, line 1: The phrase “support structure” should be changed to
--mattress proper--.
3) In claim 13, line 2: The term “groves” should be changed to --grooves--.
4) In claim 15, line 2: The term “siderail(s)” should be changed to the phrase --at least one foam siderail--.
Appropriate correction is required.
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.
Claims 1-5 and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2011/0083277 to Henson. With respect to claims 1-5, Henson shows the claimed limitations of a modular mattress (10), comprising: a mattress proper comprising one or more resilient flexible foam layers (12, 20) (see Figure 2 and page 2, paragraph 0024), and at least one foam siderail (14, 16) attached to a side of the mattress
proper by a set of extensions (40) and/or grooves (42) which nest with a complementary set of grooves and extensions in at least one component (20) of the mattress proper (see Figure 1 and page 2, paragraph 0023); wherein the modular mattress comprises two foam siderails (14, 16), and the foam siderails have different physical properties than the physical properties of at least one layer of the mattress proper (see page 1, paragraphs 0007, 0008 & 0010 and page 2, paragraphs 0021 & 0022); wherein the mattress proper comprises an uppermost comfort layer (20), a lower support layer (12), and optionally one or more intermediate layers positioned between the comfort layer and the support layer, wherein the comfort layer has on its lower surface a set of stable extensions and/or grooves, and an adjoining layer (12) beneath the comfort layer (20) has a complementary set of stable grooves (18) and extensions configured to nest with the stable extensions and grooves of the comfort layer (see Figure 2 and page 2, paragraph 0024); wherein the comfort layer (20) comprises a polyurethane foam or a latex foam and wherein the comfort layer and the support layer (12) each comprise polyurethane foam or latex foam (see page 3, paragraph 0028).
With respect to claims 11-15, Henson further discloses the claimed limitations wherein in an assembled form, the modular mattress (10) can be compressed, rolled, and shipped without significant detachment of components from one another (see page 2, paragraph 0020); a comfort layer (20) having a set of stable grooves and/or extensions on one surface thereof, dimensioned to mate with a complementary set of stable extensions and grooves (18) of an intermediate layer or support layer (12) of a modular mattress (10) (see Figure 2 and page 2, paragraph 0024); a siderail (14, 16) of resilient flexible foam having grooves (42) and/or extensions (40) dimensioned to nest with a complementary set of extensions and/or grooves on a mattress component (20) of a modular mattress (10) (see Figure 1 and page 2, paragraph 0023); wherein all foam components (12, 14, 16, 20) are sawn or sliced from a polyurethane slab foam (see page 3, paragraph 0028); and wherein the grooves (42) and extensions (40) which attach the at least one foam siderail (14, 16) to the mattress proper are stable grooves and extensions (see Figure 1 and page 2, paragraph 0023).
Claims 1, 13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,953,779 to Schwartz. Schwartz shows the claimed limitations of a modular mattress (10), comprising: a mattress proper (14, 15, 20) comprising one or more resilient flexible foam layers (see Figure 1 and column 3, lines 14-29), and at least one foam siderail (22) attached to a side of the mattress proper by a set of extensions and/or grooves which nest with a complementary set of grooves and extensions (18, 18') in at least one component (14, 15) of the mattress proper (see Figures 1 & 2; column 3, lines 14-29, 66 & 67 and column 4, lines 1-3); a siderail (22) of resilient flexible foam having grooves and/or extensions dimensioned to nest with a complementary set of extensions (18, 18') and/or grooves on a mattress component (14, 15) of a modular mattress (10) (see Figures 1 & 2; column 3, lines 14-29, 66 & 67 and column 4, lines 1-3); and wherein the grooves and extensions (18, 18') which attach the at least one foam siderail (22) to the mattress proper (14, 15, 20) are stable grooves and extensions (see Figures 1 & 2; column 3, lines 14-29, 66 & 67 and column 4, lines 1-3).
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.
Claims 2-7, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz ‘779 in view of Henson ‘277. With respect to claim 2, Schwartz does not specifically disclose a condition wherein the modular mattress (10) comprises two foam siderails (22) having different physical properties than the physical properties of at least one layer of the mattress proper (14, 15, 20). Henson provides the basic teaching of a modular mattress (10), comprising: a mattress proper comprising one or more resilient flexible foam layers (12, 20) (see Figure 2 and page 2, paragraph 0024), and at least one foam siderail (14, 16) attached to a side of the mattress proper by a set of extensions (40) and/or grooves (42) which nest with a complementary set of grooves and extensions in at least one component (20) of the mattress
proper (see Figure 1 and page 2, paragraph 0023); wherein the modular mattress comprises two foam siderails (14, 16), and the foam siderails have different physical properties than the physical properties of at least one layer of the mattress proper (see page 1, paragraphs 0007, 0008 & 0010 and page 2, paragraphs 0021 & 0022). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the modular mattress disclosed in Schwartz with the foam siderails taught in Henson with a reasonable expectation of success because this would have achieved the desirable result of supporting "different body portions, such the user's torso, head or legs as desired" as taught by Henson (page 1, paragraph 0010 and page 2, paragraph 0022).
With respect to claims 3 and 12, Schwartz further teaches conditions wherein the mattress proper (14, 15, 20) comprises an uppermost comfort layer (14, 15, 20) (see Figure 1), a lower support layer (14, 15) and optionally one or more intermediate layers (14, 15) positioned between the comfort layer and the support layer, and wherein the comfort layer is joined to an underlying adjoining layer by plurality of Velcro patches (50, 52) (see Figures 1, 4 & 5; column 3, lines 14-17 and column 4, lines 11-15 & 26-36). However, Schwartz does not specifically disclose a condition wherein the comfort layer (14, 15, 20) has on its lower surface a set of stable extensions and/or grooves, and an adjoining intermediate or support layer (14, 15) beneath the comfort layer has a complementary set of stable grooves and extensions configured to nest with the stable extensions and grooves of the comfort layer (14, 15, 20). Henson further provides the basic teaching wherein the mattress proper comprises an uppermost comfort layer (20), a lower support layer (12), and optionally one or more intermediate layers positioned between the comfort layer and the support layer, wherein the comfort layer has on its lower surface a set of stable extensions and/or grooves, and an adjoining layer (12) beneath the comfort layer (20) has a complementary set of stable grooves (18) and extensions configured to nest with the stable extensions and grooves of the comfort layer (see Figure 2 and page 2, paragraph 0024). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the modular mattress disclosed in Schwartz with the comfort layer and the adjoining intermediate or support layer taught in Henson with a reasonable expectation of success because this would have achieved the desirable result of providing an alternative fastener assembly for interconnecting adjacent layers which "resists shifting during use" and which allows "a user [to] customize the [comfort layer] for maximum comfort and support" as taught by Henson (page 2, paragraph 0014).
With respect to claims 4, 5 and 14, Henson further provides the basic teaching wherein the comfort layer (20) comprises a polyurethane foam or a latex foam and wherein the comfort layer and the support layer (12) each comprise polyurethane foam or latex foam (see page 3, paragraph 0028). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the modular mattress disclosed in Schwartz with the comfort layer and the support layer taught in Henson with a reasonable expectation of success because this would have achieved the desirable result of providing a higher density foam layer which imparts "increased support and decreased fatigue properties" as taught by Henson (page 3, paragraph 0028).
With respect to claim 6, Schwartz further teaches a condition wherein the uppermost comfort layer (14, 15, 20) extends horizontally beyond the exterior dimensions of a next layer (14, 15) below the comfort layer and extends above the siderail (22), the siderail being attached to sides of one or more layers (14, 15) below the comfort layer (14, 15, 20) (see Figures 1 & 2; column 3, lines 14-29, 66 & 67 and column 4, lines 1-3). With respect to claim 7, Schwartz does not specifically disclose a condition wherein an upper surface of each siderail (22) is reversibly attached in a non-adhesive manner to the bottom of the comfort layer (14, 15, 20) by a stable groove or extension located in the bottom of the comfort layer and a corresponding complementary stable extension or groove located in the top of the siderail (22). As previously stated, Henson further provides the basic teaching wherein the uppermost comfort layer (20) has on its lower surface a set of stable extensions and/or grooves, and an adjoining layer (12) beneath the comfort layer has a complementary set of stable grooves (18) and extensions configured to nest with the stable extensions and grooves of the comfort layer (see Figure 2 and page 2, paragraph 0024). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the modular mattress disclosed in Schwartz with the comfort layer and the adjoining layer beneath the comfort layer taught in Henson with a reasonable expectation of success because this would have achieved the desirable result of providing an alternative fastener assembly for interconnecting adjacent layers which "resists shifting during use" and which allows "a user [to] customize the [comfort layer] for maximum comfort and support" as taught by Henson (page 2, paragraph 0014).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Henson ‘277 in view of U.S. Patent Application Publication No. 2004/0098806 to Stender et al., or alternatively, as being unpatentable over Schwartz ‘779 in view of Stender et al. ‘806. Henson and Schwartz do not specifically disclose a condition wherein at least one layer of the mattress proper comprises a resilient non-foam material or a polyolefin foam. Stender et al. provide the basic teaching of a modular mattress (1) comprising a mattress proper comprising one or more resilient flexible foam layers (2, 6), wherein at least one layer (6) of the mattress proper comprises a resilient non-foam material or a polyolefin foam (see Figures 2 & 3 and page 2, paragraphs 0021, 0031 & 0032). The skilled artisan would have found it obvious before the effective filing date to combine the respective modular mattresses disclosed in Henson and Schwartz with the at least one layer taught in Stender et al. with a reasonable expectation of success because this would have achieved the desirable result of providing at least one layer having "a lower specific weight, an overall lower heat conducting capacity and good durability and properties concerning the pattern of use which remain uniform over the long term" as taught by Stender et al. (page 2, paragraph 0021).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Henson ‘277 in view of U.S. Patent No. 5,040,255 to Barber, Jr. With respect to claim 9, Henson does not specifically disclose a condition wherein the mattress proper comprises an innerspring component, and an intermediate resilient flexible layer is adhesively bonded to the innerspring component. Barber, Jr. provides the basic teaching of a modular mattress comprising a
mattress proper comprising an innerspring component (30, 40), and an intermediate resilient flexible layer (22) is adhesively bonded to the innerspring component (see Figures 1 & 2 and column 3, lines 10-12 & 15-26). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the modular mattress disclosed in Henson with the mattress proper taught in Barber, Jr. with a reasonable expectation of success because this would have achieved the desirable result of providing an alternative layer construction which "[improves the] long-term durability of the [mattress]" as taught by Barber, Jr. (column 1, lines 13-16).
With respect to claim 10, Henson further discloses the use of an upper layer (20) having on its lower surface a set of stable extensions and/or grooves, and an adjoining layer (12) beneath the upper layer having a complementary set of stable grooves (18) and extensions on an upper surface thereof which are configured to nest with the stable extensions and grooves of the upper layer (see Figure 2 and page 2, paragraph 0024).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Schwarz ‘779 in view of Barber, Jr. ‘255. Schwartz does not specifically disclose a condition wherein the mattress proper comprises an innerspring component, and an intermediate resilient flexible layer is adhesively bonded to the innerspring component. Barber, Jr. provides the basic teaching of a modular mattress comprising a mattress proper comprising an innerspring component (30, 40), and an intermediate resilient flexible layer (22) is adhesively bonded to the innerspring component (see Figures 1 & 2 and column 3, lines 10-12 & 15-26). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the
modular mattress disclosed in Schwartz with the mattress proper taught in Barber, Jr. with a reasonable expectation of success because this would have achieved the desirable result of providing an alternative layer construction which "[improves the] long-term durability of the [mattress]" as taught by Barber, Jr. (column 1, lines 13-16).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Schwartz ‘779 in view of Barber, Jr. ‘255 as applied to claim 10 above, and further in view of Henson ‘277. Schwartz as modified by Barber, Jr. does not specifically disclose a condition wherein an upper surface of the intermediate layer (22) adhesively bonded to the innerspring component (30, 40) has a set of stable extensions and/or grooves on an upper surface thereof configured to nest with a complementary set of stable grooves and/ or extensions of a layer to be reversibly adhered above the intermediate layer (22). Henson provides the basic teaching of an upper layer (20) having on its lower surface a set of stable extensions and/or grooves, and an adjoining layer (12) beneath the upper layer having a complementary set of stable grooves (18) and extensions on an upper surface thereof which are configured to nest with the stable extensions and grooves of the upper layer (see Figure 2 and page 2, paragraph 0024). The skilled artisan would have found it obvious before the effective filing date of the claimed invention to combine the modular mattress of Schwartz as modified by Barber, Jr. with the intermediate layer and the overlying layer taught in Henson with a reasonable expectation of success because this would have achieved the desirable result of providing a fastener assembly for interconnecting adjacent layers which "resists shifting during use" and which allows "a user
[to] customize the [comfort layer] for maximum comfort and support" as taught by Henson (page 2, paragraph 0014).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: All of the patent documents listed in the attached PTO-892 Notice of References Cited form are considered to disclose the use of a modular mattress or pillow comprising at least two components that are attached to each other via respective complementary sets of grooves and extensions formed in the at least two components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G SANTOS whose telephone number is (571)272-7048. The examiner can normally be reached Monday-Friday 9am-11:30am and 2pm-7:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C 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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/ROBERT G SANTOS/Primary Examiner, Art Unit 3673
