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 § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 9-11, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Publication No. 2018150815 issued to Takaoka.
Regarding claim 9,
Takaoka discloses a mattress cover (Takaoka: FIG. 2A (10)) that accommodates a mattress cushion formed with a cushion member or a plurality of cushion members each of which is the cushion member and which are arranged side by side, (Takaoka: FIG. 1 (21, 22, 23)) a user being capable of lying on the mattress cover, the mattress cover comprising: an upper surface cover portion that covers an upper part of the mattress cushion; (Takaoka: FIG. 2A (10), covers the upper part of the mattress cushion) and a side surface cover portion that is connected to the upper surface cover portion, and covers and tightens side surfaces of the mattress cushion. (Takaoka: FIG. 2A (13a-13d, 14) see also page 3, (14) tightens side surfaces of the mattress cushion when fastened)
Regarding claim 10,
Takaoka discloses the mattress cover according to claim 9,wherein the side surface cover portion includes: a side surface cover sheet that is connected to the upper surface cover portion; (Takaoka: FIG. 2A (13a-13d)) and a tightening member that is provided on the side surface cover sheet and tightens the side surfaces of the mattress cushion in a peripheral direction. (Takaoka: FIG. 2A (14))
Regarding claim 11,
Takaoka discloses the mattress cover according to claim 9,wherein the side surface cover portion includes: a side surface cover sheet that is connected to the upper surface cover portion, and covers an area extending from the side surfaces of the mattress cushion to a peripheral edge portion of a lower surface of the mattress cushion; and a tightening member that is provided on a part of the side surface cover sheet which covers the peripheral edge portion of the lower surface of the mattress cushion, and tightens the side surfaces of the mattress cushion in a peripheral direction. (Takaoka: FIG. 2A (13a-13d, 14) see also page 3, (14) tightens side surfaces of the mattress cushion when fastened)
Regarding claim 13,
Takoka discloses the mattress cover according to 10, wherein the tightening member is formed with a non-stretchable band-shaped member, and tightens the side surfaces by utilizing elasticity of the mattress cushion. (Takaoka: page 3 “In the present embodiment, the belt-like stretch prevention member 14 is adopted wherein a belt exerts a contracting force when tightened, see also “The stretch preventing member 14 is required to be a member having an elongation per meter of 2 cm or less when pulled with a force of 100 N, and is preferably a member having an elongation per meter of 1 cm or less.”)
Claim(s) 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 5809593 issued to Edwards.
Regarding claim 9,
Edwards discloses a mattress cover (Edwards: FIG. 1 (10)) that accommodates a mattress cushion formed with a cushion member or a plurality of cushion members each of which is the cushion member and which are arranged side by side, (Edwards: col. 3 lines 11-14 “Mattress cover 10 includes a top panel 12 and a skirt portion 14 connected to top panel 12 along its periphery. Top panel 12 is configured to have a generally rectangular profile with length and width dimensions sufficient to overlay substantially the entire top surface of a mattress. “) a user being capable of lying on the mattress cover, the mattress cover comprising: an upper surface cover portion that covers an upper part of the mattress cushion; (Edwards: FIG. 2 (12)) covers the upper part of the mattress cushion) and a side surface cover portion that is connected to the upper surface cover portion, and covers and tightens side surfaces of the mattress cushion. (Edwards: FIG. 1 (14) see also col. 4 lines 1-3 “ Thus, regardless of the thickness or depth of the mattress to which mattress cover 10 is applied, elastic strip 22 will pull the skirt portion 14 thereof tightly against the side and end walls of the mattress to hold the mattress cover neatly and securely on the mattress.)
Regarding claim 10,
Edwards discloses the mattress cover according to claim 9,wherein the side surface cover portion includes: a side surface cover sheet that is connected to the upper surface cover portion; (Edwards: FIG. 1 (14)) and a tightening member that is provided on the side surface cover sheet and tightens the side surfaces of the mattress cushion in a peripheral direction. (Takaoka: FIG. 1 (22))
Regarding claim 12,
Edwards discloses the mattress cover according to 10 wherein the tightening member is formed with a band-shaped elastic member that exerts a contracting force in a longitudinal direction. (Edwards: FIG. 1 (14, 22) see also col. 4 lines 1-3 “ Thus, regardless of the thickness or depth of the mattress to which mattress cover 10 is applied, elastic strip 22 will pull the skirt portion 14 thereof tightly against the side and end walls of the mattress to hold the mattress cover neatly and securely on the mattress.)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication No. 2018150815 issued to Takaoka in view of U.S. Patent No. 6594838 issued to Hollander.
Regarding claim 1,
Takaoka discloses a mattress (Takaoka: FIG. 1 (1)) comprising: a mattress cushion; (Takaoka: FIG. 1 (20)) and a mattress cover which accommodates the mattress cushion and on which a user is capable of lying, (Takaoka: FIG. 2A (10)) wherein (a) the mattress cushion is formed with a cushion member or a plurality of cushion members each of which is the cushion member and which are arranged side by side, (Takaoka: FIG. 1 (21, 22, 23)) the cushion member includes: a mattress core member that includes a filament three-dimensional bonded member obtained by bonding molten thermoplastic resin filaments in a three-dimensional net shape, and is entirely formed in a shape of a flat plate; (Takaoka: page 4 “The filament three-dimensional bonded body 41 is an elastic member obtained by three-dimensionally fusing thermoplastic resin melt filaments. In the manufacturing process of the filament three-dimensional joined body 41, the molten thermoplastic resin is extruded downward in the vertical direction from a plurality of nozzles arranged horizontally. “ see also FIG. 3 (41)) and an inner cover that accommodates the mattress core member, (Takaoka: page 4 “Each of the three cushion bodies 21 to 23 has the same configuration, and each includes a mesh-like inner cover 31 covering the entire outer surface and a filament three-dimensional joined body 41 accommodated therein. “) … (b) the mattress cover includes: an upper surface cover portion that covers an upper part of the mattress cushion; (Takaoka: FIG. 1 (10a)) and a side surface cover portion that is connected to the upper surface cover portion, (Takaoka: FIG. 2A (13a-13d, 14)) and covers and tightens side surfaces of the mattress cushion (Takaoka: FIG. 2A (14) prevents extension in the length direction see page 3) …
Takaoka does not appear to disclose in the inner cover, an exposure region is formed that exposes parts of an upper surface and a lower surface of the mattress core member… and the mattress cover opens the exposure region of the inner cover such that the mattress core member is visually recognizable.
However, Hollander, directed to a casing for a cushioning fill material and addresses the problem that a consumer cannot access the quality or condition of cushioning fill enclosed within a closed casing (Hollander: col. 1 lines 28-67 – col. 2 lines 1-5). Hollander teaches addressing this problem by providing the casing with a portion affording visual access to the fill material so that its quality and condition can be ascertained (Hollander: Abstract col. 1-2 claims 1 and 19). The problem and objective identified by Hollander is synonymous with the present application which seeks to allow the mattress core material to be recognized so the user can assess its characteristics.
Thus, it would have been obvious for a PHOSITA before the effective filing date of the claimed invention to provide the mesh inner cover of Takaoka with a region affording access to the filament three-dimensional bonded core member, in order to permit the core material to be viewed and assessed, as taught by Hollander. Given that objective, a PHOSITA modifying Takaoka’s inner cover had a finite number of identified, predictable means of affording such access. (a) forming the inner cover wholly of a transparent material; (b) attaching a discrete transparent panel to the inner cover; or (c) omitting the inner-cover material at a localized region. Options (a) and (b) would sacrifice the breathability, water-drainage, and drying functionality for which Takaoka selects a mesh inner cover ([0041], [0053]), option (b) further requiring attachment of a dissimilar non-mesh component to a mesh cover increases manufacturing cost as well. Option (c) – omitting the inner-cover material at a localized region preserves Sueki’s mesh functionality elsewhere, requires no additional or dissimilar parts, and yields a region exposing the core member. Selection of option (c) from this finite set of identified predictable solutions is within a PHOSITA.
Furthermore, it would have been obvious for a PHOSTIA to configure the mattress cover of Takaoka, in the device as modified above, so as to leave the inner cover’s exposure region unobstructed i.e. so that the mattress cover “opens the exposure region” such that the core member is visually recognizable.
A PHOSITA would have provided the inner-cover exposure region for the purpose taught by Hollander i.e. permitting the core material to be viewed and assesd would have recognized that this purpose would be defeated if the overlying mattress cover re-covered the exposure region, and would therefore have been motivated, by that same inspection objective, to leave a corresponding region of the mattress cover open. A PHOSITA would have faced the same finite set of predicable means identified above and for the same reasoning as outlined would have opted to select an open region of the cover.
Regarding claim 2,
Takaoka in view of Hollander discloses the mattress according to 1 wherein the side surface cover portion includes: a side surface cover sheet that is connected to the upper surface cover portion; and a tightening member that is provided on the side surface cover sheet and tightens the side surfaces of the mattress cushion in a peripheral direction. (Takaoka: FIG. 2A (13a-13d, 14) see page 3 that talks about (13) carrying an extension-prevention member (14) which tightens the mattress cushion in a peripheral direction when it is fastened.)
Regarding claim 3,
Takaoka in view of Hollander discloses the mattress according to 1, wherein a display portion that displays a characteristic of the mattress core member exposed from the exposure region is formed near the exposure region on an outer surface of the inner cover. (The examiner notes the reasoning in claim 1 results in this limitation being read by the combination.)
Regarding claim 6,
Takaoka discloses a mattress (Takaoka: FIG. 1 (1)) comprising: a mattress cushion; (Takaoka: FIG. 1 (20)) and a mattress cover which accommodates the mattress cushion and on which a user is capable of lying, (Takaoka: FIG. 2A (10)) wherein (a) the mattress cushion is formed with a cushion member or a plurality of cushion members each of which is the cushion member and which are arranged side by side, (Takaoka: FIG. 1 (21, 22, 23)) the cushion member includes: a mattress core member that includes a filament three-dimensional bonded member obtained by bonding molten thermoplastic resin filaments in a three-dimensional net shape, and is entirely formed in a shape of a flat plate; (Takaoka: page 4 “The filament three-dimensional bonded body 41 is an elastic member obtained by three-dimensionally fusing thermoplastic resin melt filaments. In the manufacturing process of the filament three-dimensional joined body 41, the molten thermoplastic resin is extruded downward in the vertical direction from a plurality of nozzles arranged horizontally. “ see also FIG. 3 (41)) and an inner cover that accommodates the mattress core member, (Takaoka: page 4 “Each of the three cushion bodies 21 to 23 has the same configuration, and each includes a mesh-like inner cover 31 covering the entire outer surface and a filament three-dimensional joined body 41 accommodated therein. “) … (b) the mattress cover includes: an upper surface cover portion that covers an upper part of the mattress cushion; (Takaoka: FIG. 1 (10a)) and a side surface cover portion that is connected to the upper surface cover portion, (Takaoka: FIG. 2A (13a-13d, 14)) and covers and tightens side surfaces of the mattress cushion to a peripheral edge portion of a lower surface of the mattress cushion (Takaoka: FIG. 2A (14) prevents extension in the length direction see page 3) …
Takaoka does not appear to disclose in the inner cover, an exposure region is formed that exposes parts of an upper surface and a lower surface of the mattress core member… and the mattress cover opens the exposure region of the inner cover such that the mattress core member is visually recognizable.
However, Hollander, directed to a casing for a cushioning fill material and addresses the problem that a consumer cannot access the quality or condition of cushioning fill enclosed within a closed casing (Hollander: col. 1 lines 28-67 – col. 2 lines 1-5). Hollander teaches addressing this problem by providing the casing with a portion affording visual access to the fill material so that its quality and condition can be ascertained (Hollander: Abstract col. 1-2 claims 1 and 19). The problem and objective identified by Hollander is synonymous with the present application which seeks to allow the mattress core material to be recognized so the user can assess its characteristics.
Thus, it would have been obvious for a PHOSITA before the effective filing date of the claimed invention to provide the mesh inner cover of Takaoka with a region affording access to the filament three-dimensional bonded core member, in order to permit the core material to be viewed and assessed, as taught by Hollander. Given that objective, a PHOSITA modifying Takaoka’s inner cover had a finite number of identified, predictable means of affording such access. (a) forming the inner cover wholly of a transparent material; (b) attaching a discrete transparent panel to the inner cover; or (c) omitting the inner-cover material at a localized region. Options (a) and (b) would sacrifice the breathability, water-drainage, and drying functionality for which Takaoka selects a mesh inner cover ([0041], [0053]), option (b) further requiring attachment of a dissimilar non-mesh component to a mesh cover increases manufacturing cost as well. Option (c) – omitting the inner-cover material at a localized region preserves Sueki’s mesh functionality elsewhere, requires no additional or dissimilar parts, and yields a region exposing the core member. Selection of option (c) from this finite set of identified predictable solutions is within a PHOSITA.
Furthermore, it would have been obvious for a PHOSTIA to configure the mattress cover of Takaoka, in the device as modified above, so as to leave the inner cover’s exposure region unobstructed i.e. so that the mattress cover “opens the exposure region” such that the core member is visually recognizable.
A PHOSITA would have provided the inner-cover exposure region for the purpose taught by Hollander i.e. permitting the core material to be viewed and assesd would have recognized that this purpose would be defeated if the overlying mattress cover re-covered the exposure region, and would therefore have been motivated, by that same inspection objective, to leave a corresponding region of the mattress cover open. A PHOSITA would have faced the same finite set of predicable means identified above and for the same reasoning as outlined would have opted to select an open region of the cover.
Regarding claim 8,
Takaoka discloses a cushion member (Takaoka: FIG. 1 (1)) comprising: a cushion member or a plurality of cushion members (Takaoka: FIG. 1 (21, 22, 23)) each of which is the mattress cushion member (Takaoka: FIG. 1 (20)) and which are arranged side by side wherein the cushion member or the plurality of cushion members form a mattress cushion (Takaoka: FIG. 1)) accommodated in a mattress cover which accommodates on which a user is capable of lying, (Takaoka: FIG. 2A (10)) wherein (a) the mattress cushion is formed with a cushion member or a plurality of cushion members each of which is the cushion member and which are arranged side by side, (Takaoka: FIG. 1 (21, 22, 23)) the cushion member includes: a mattress core member that includes a filament three-dimensional bonded member obtained by bonding molten thermoplastic resin filaments in a three-dimensional net shape, and is entirely formed in a shape of a flat plate; (Takaoka: page 4 “The filament three-dimensional bonded body 41 is an elastic member obtained by three-dimensionally fusing thermoplastic resin melt filaments. In the manufacturing process of the filament three-dimensional joined body 41, the molten thermoplastic resin is extruded downward in the vertical direction from a plurality of nozzles arranged horizontally. “ see also FIG. 3 (41)) and an inner cover that accommodates the mattress core member, (Takaoka: page 4 “Each of the three cushion bodies 21 to 23 has the same configuration, and each includes a mesh-like inner cover 31 covering the entire outer surface and a filament three-dimensional joined body 41 accommodated therein. “) …
Takaoka does not appear to disclose in the inner cover, an exposure region is formed that exposes parts of an upper surface and a lower surface of the mattress core member… and the mattress cover opens the exposure region of the inner cover such that the mattress core member is visually recognizable.
However, Hollander, directed to a casing for a cushioning fill material and addresses the problem that a consumer cannot access the quality or condition of cushioning fill enclosed within a closed casing (Hollander: col. 1 lines 28-67 – col. 2 lines 1-5). Hollander teaches addressing this problem by providing the casing with a portion affording visual access to the fill material so that its quality and condition can be ascertained (Hollander: Abstract col. 1-2 claims 1 and 19). The problem and objective identified by Hollander is synonymous with the present application which seeks to allow the mattress core material to be recognized so the user can assess its characteristics.
Thus, it would have been obvious for a PHOSITA before the effective filing date of the claimed invention to provide the mesh inner cover of Takaoka with a region affording access to the filament three-dimensional bonded core member, in order to permit the core material to be viewed and assessed, as taught by Hollander. Given that objective, a PHOSITA modifying Takaoka’s inner cover had a finite number of identified, predictable means of affording such access. (a) forming the inner cover wholly of a transparent material; (b) attaching a discrete transparent panel to the inner cover; or (c) omitting the inner-cover material at a localized region. Options (a) and (b) would sacrifice the breathability, water-drainage, and drying functionality for which Takaoka selects a mesh inner cover ([0041], [0053]), option (b) further requiring attachment of a dissimilar non-mesh component to a mesh cover increases manufacturing cost as well. Option (c) – omitting the inner-cover material at a localized region preserves Takaoka’s mesh functionality elsewhere, requires no additional or dissimilar parts, and yields a region exposing the core member. Selection of option (c) from this finite set of identified predictable solutions is within a PHOSITA.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication No. 2018150815 issued to Takaoka in view of U.S. Patent No. 6594838 issued to Hollander further in view of U.S. Patent No. 11627811 issued to Lim.
Regarding claim 7,
Takaoka in view of Hollander discloses the mattress according to 1.
Takaoka in view of Hollander does not appear to disclose wherein a cushion sheet is stacked between the mattress cushion and the upper surface cover portion of the mattress cover.
However, Lim discloses wherein a cushion sheet (Lim: FIG. 7 (72) see also col. 5 lines 12 – 45) is stacked between the mattress cushion (Lim: FIG. 7 (73)) and the upper surface cover portion of the mattress cover. (Lim: FIG. 7 (71))
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to stack a cushion sheet between Takaoka’s mattress cushion and upper surface cover portion as taught by Lim in order to provide additional surface comfort to the user, and allow for the sleeping surface to be more even in the exposure regions.
Allowable Subject Matter
Claims 4-5 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.
Claim 4 recites specific geometry that is not disclosed in the prior art. The prior art teaches a translucent panel at an end but not a right-angled triangular shape cut-out as required by claim 4. Claim 5 is objected to as being dependent on claim 4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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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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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673
Prosecution Insights