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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12357103 (the ‘103 Patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present Application are broader than the corresponding claims of then ‘103 Patent (see table below).
Present Application
The ‘103 Patent
Explanation
Claim 1
A universal air surface comprising:
a plurality of inflatable air chambers disposed in parallel arrangement with each other, wherein each of the plurality of inflatable air chambers comprises:
a top wall; a bottom wall disposed opposite the top wall; a head side wall connected between the top wall and the bottom wall; a foot side wall disposed opposite the head side wall, the foot side wall connected between the top wall the bottom wall;
a first side wall connected between the top wall, the bottom wall, the head sidewall, and the foot side wall, wherein the first side wall comprises: a first upper end wall connected to the top wall and extending downwardly from the top wall; and a first lower end wall connected between the first upper end wall and the bottom wall, wherein the first lower end wall forms a first angle with the bottom wall,
wherein the first lower end wall is connected to the first upper end wall at a first height above the bottom wall;
and a second side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the second side wall comprises: a second upper end wall connected to the top wall and extending downwardly from the top wall; and a second lower end wall connected between the second upper end wall and the bottom wall, wherein the second lower end wall forms a second angle with the bottom wall,
wherein the second lower end wall is connected to the second upper end wall at a second height above the bottom wall,
wherein the first height is greater than the second height.
Claim 1
A universal air surface comprising:
a plurality of inflatable air chambers disposed in parallel arrangement with each other, wherein each of the plurality of inflatable air chambers comprises:
a top wall; a bottom wall disposed opposite the top wall; a head side wall connected between the top wall and the bottom wall; a foot side wall disposed opposite the head side wall, the foot side wall connected between the top wall and the bottom wall;
a first side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the first side wall comprises: a first upper end wall connected to the top wall and extending downwardly from the top wall; and a first lower end wall connected between the first upper end wall and the bottom wall, wherein the first lower end wall forms a first angle with the bottom wall,
wherein the first upper end wall is approximately perpendicular to the bottom wall at the connection between the first upper end wall and the first lower end wall, wherein the first lower end wall is connected to the first upper end wall at a first height above the bottom wall, wherein the first angle is obtuse;
and a second side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the second side wall comprises: a second upper end wall connected to the top wall and extending downwardly from the top wall; and a second lower end wall connected between the second upper end wall and the bottom wall, wherein the second lower end wall forms a second angle with the bottom wall,
wherein the second upper end wall is approximately perpendicular to the bottom wall at the connection between the second upper end wall and the second lower end wall, wherein the second lower end wall is connected to the second upper end wall at a second height above the bottom wall, wherein the first height is greater than the second height.
Claim 1 of the present Application is broader than claim 1 of the ‘103 Patent. Claim 1 of the present Application is the same as claim 1 of the ‘103 Patent except for the first and second upper end walls being approximately perpendicular to the bottom wall and wherein the first and second lower end walls are connected to the second upper end wall at a second height above the bottom wall. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the air chambers taught by the ‘103 Patent to not have the above limitations because doing so decreases the structural complexity. This would have a reasonable expectation of success and predictable results.
Claims 2-10
Claims 2-10
Claims 2-10 of the present Application have the same claim limitation as claims 2-10 of the ‘103 Patent and thus suffer from similar limitations as claim 1, detailed above, due to their dependency.
Claim 11
A universal air surface comprising: a plurality of inflatable air chambers disposed in parallel arrangement with each other, wherein each of the plurality of inflatable air chambers comprises:
a top wall; a bottom wall disposed opposite the top wall; a head side wall connected between the top wall and the bottom wall; a foot side wall disposed opposite the head side wall, the foot side wall connected between the top wall the bottom wall; a first side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the first side wall comprises:
a first upper end wall connected to the top wall and extending downwardly from the top wall; and a first lower end wall connected between the first upper end wall and the bottom wall, wherein the first lower end wall forms a first angle with the bottom wall,
wherein the first lower end wall is connected to the first upper end wall at a first height above the bottom wall;
and a second side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the second side wall comprises: a second upper end wall connected to the top wall and extending downwardly from the top wall;
and a second lower end wall connected between the second upper end wall and the bottom wall, wherein the second lower end wall forms a second angle with the bottom wall,
wherein the second lower end wall is connected to the second upper end wall at a second height above the bottom wall,
wherein the first height is greater than the second height, wherein the first angle is between about 110 degrees and 115 degrees.
Claim 11
A universal air surface comprising: a plurality of inflatable air chambers disposed in parallel arrangement with each other, wherein each of the plurality of inflatable air chambers comprises:
a top wall; a bottom wall disposed opposite the top wall; a head side wall connected between the top wall and the bottom wall; a foot side wall disposed opposite the head side wall, the foot side wall connected between the top wall and the bottom wall; a first side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the first side wall comprises:
a first upper end wall connected to the top wall and extending downwardly from the top wall; and a first lower end wall connected between the first upper end wall and the bottom wall, wherein the first lower end wall forms a first angle with the bottom wall,
wherein the first upper end wall is approximately perpendicular to the bottom wall at the connection between the first upper end wall and the first lower end wall, wherein the first lower end wall is connected to the first upper end wall at a first height above the bottom wall, wherein the first angle is obtuse; and a second side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the second side wall comprises: a second upper end wall connected to the top wall and extending downwardly from the top wall;
and a second lower end wall connected between the second upper end wall and the bottom wall, wherein the second lower end wall forms a second angle with the bottom wall,
wherein the second upper end wall is approximately perpendicular to the bottom wall at the connection between the second upper end wall and the second lower end wall, wherein the second lower end wall is connected to the second upper end wall at a second height above the bottom wall, wherein the first height is greater than the second height, wherein the first angle is between about 110 degrees and 115 degrees.
Claim 11 of the present Application is broader than claim 1 of the ‘103 Patent. Claim 1 of the present Application is the same as claim 1 of the ‘103 Patent except for the first and second upper end walls being approximately perpendicular to the bottom wall and wherein the first and second lower end walls are connected to the second upper end wall at a second height above the bottom wall. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the air chambers taught by the ‘103 Patent to not have the above limitations because doing so decreases the structural complexity. This would have a reasonable expectation of success and predictable results.
Claim 12
Claim 12
Claim 12 of the present Application has the same claim limitation as claim 12 of the ‘103 Patent and thus suffer from similar limitations as claim 11, detailed above, due to its dependency.
Claim 13
A method of a routing a manifold adjacent to a plurality of inflatable air chambers comprising the steps of: providing a bed frame having a first side rail and a second side rail opposite the first side rail; providing a plurality of inflatable air chambers disposed in parallel arrangement with each other, wherein each of the plurality of inflatable air chambers comprises:
a top wall; a bottom wall disposed opposite the top wall; a head side wall connected between the top wall and the bottom wall; a foot side wall disposed opposite the head side wall, the foot side wall connected between the top wall the bottom wall; a first side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the first side wall comprises:
a first upper end wall connected to the top wall and extending downwardly from the top wall; and a first lower end wall connected between the first upper end wall and the bottom wall, wherein the first lower end wall is connected to the first upper end wall at a first height above the bottom wall;
and a second side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the second side wall comprises: a second upper end wall connected to the top wall and extending downwardly from the top wall; and a second lower end wall connected between the second upper end wall and the bottom wall, wherein the second lower end wall is connected to the second upper end wall at a second height above the bottom wall, wherein the first height is greater than the second height;
connecting a manifold to each of the plurality of inflatable air chambers proximate the first lower end wall; positioning the plurality of inflatable air chambers and the manifold on the bed frame between the first side rail and the second side rail; inflating the plurality of inflatable air chambers; compressing the first upper end wall against the first side rail; compressing the second upper end wall against the second side rail;
forming a first void between the first lower end wall, the first side rail, and the bed frame; and routing the manifold through the first void.
Claim 13
A method of a routing a manifold adjacent to a plurality of inflatable air chambers comprising the steps of: providing a bed frame having a first side rail and a second side rail opposite the first side rail; providing a plurality of inflatable air chambers disposed in parallel arrangement with each other, wherein each of the plurality of inflatable air chambers comprises:
a top wall; a bottom wall disposed opposite the top wall; a head side wall connected between the top wall and the bottom wall; a foot side wall disposed opposite the head side wall, the foot side wall connected between the top wall and the bottom wall; a first side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the first side wall comprises:
a first upper end wall connected to the top wall and extending downwardly from the top wall; and a first lower end wall connected between the first upper end wall and the bottom wall, wherein the first lower end wall is connected to the first upper end wall at a first height above the bottom wall, wherein the first angle is obtuse;
and a second side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall, wherein the second side wall comprises: a second upper end wall connected to the top wall and extending downwardly from the top wall; and a second lower end wall connected between the second upper end wall and the bottom wall, wherein the second lower end wall is connected to the second upper end wall at a second height above the bottom wall, wherein the first height is greater than the second height; connecting a manifold to each of the plurality of inflatable air chambers proximate the first lower end wall; positioning the plurality of inflatable air chambers and the manifold on the bed frame between the first side rail and the second side rail; inflating the plurality of inflatable air chambers; compressing the first upper end wall against the first side rail; compressing the second upper end wall against the second side rail;
forming a first void between the first lower end wall, the first side rail, and the bed frame; and routing the manifold through the first void.
Claim 13 of the present Application is broader than claim 13 of the ‘103 Patent. Claim 13 of the present Application is the same as claim 13 of the ‘103 Patent except for wherein the first angle is obtuse. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the air chambers taught by the ‘103 Patent to not have the above limitation because doing so decreases the structural complexity. This would have a reasonable expectation of success and predictable results.
Claims 14-20
Claims 14-20
Claims 14-20 of the present Application have the same claim limitation as claims 14-20 of the ‘103 Patent and thus suffer from similar limitations as claim 13, detailed above, due to their dependency.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210244194 A1 to Adams.
Re Claim 1, Adams teaches:
A universal air surface (at least [Abstract] “low air loss mattress”) comprising:
a plurality of inflatable air chambers disposed in parallel arrangement with each other (at least Figs. 1-6 elements 6),
wherein each of the plurality of inflatable air chambers comprises: a top wall; a bottom wall disposed opposite the top wall; a head side wall connected between the top wall and the bottom wall; a foot side wall disposed opposite the head side wall, the foot side wall connected between the top wall and the bottom wall (at least Figs. 1-6. Air cell top, bottom, upper left, and lower left walls);
a first side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall (at least Figs. 1-6. Air cell middle left wall), wherein the first side wall comprises: a first upper end wall connected to the top wall and extending downwardly from the top wall; and a first lower end wall connected between the first upper end wall and the bottom wall, wherein the first lower end wall forms a first angle with the bottom wall, wherein the first lower end wall is connected to the first upper end wall at a first height above the bottom wall (at least Figs. 1-6. Air cell upper left, and lower left walls); and
a second side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall (at least Figs. 1-6. Air cell middle right wall), wherein the second side wall comprises: a second upper end wall connected to the top wall and extending downwardly from the top wall; and a second lower end wall connected between the second upper end wall and the bottom wall, wherein the second lower end wall forms a second angle with the bottom wall, wherein the second lower end wall is connected to the second upper end wall at a second height above the bottom wall, wherein the first height is greater than the second height (at least Figs. 1-6. Air cell upper right, and lower right walls).
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) 2, 5-10, 13-15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adams in view of US 20200078241 A1 to Chang.
Re Claim 2, Adams teaches:
The universal air surface of claim 1 (detailed with respect to claim 1).
Adams does not explicitly teach:
wherein the first angle is greater than the second angle.
However, Chang teaches:
wherein the first angle is greater than the second angle (at least Figs. 2-3A element 11).
It would have been obvious to a person having ordinary skill in the art to have modified the air surface taught by Adams with the angles taught by Chang with a reasonable expectation of success and predictable results to arrive at a mattress with air cells having non-perpendicular angles. A person having ordinary skill would have been motivated to do so because “the volume of an outer side of the left chamber 11 or the right chamber 12 can be smaller than the volume of an inner side” (Chang [0050]), which allows additional support padding underneath.
Re Claim 5, the combination of Adams and Chang teaches:
The universal air surface of claim 1 (detailed with respect to claim 1).
Adams further teaches:
further comprising a manifold connected to each of the plurality of inflatable air chambers; wherein the manifold is disposed proximate the first lower end wall (at least Figs. 4-6 element 34 and [0023] “air manifold 34”.).
Re Claim 6, the combination of Adams and Chang teaches:
The universal air surface of claim 1 (detailed with respect to claim 1).
Chang further teaches:
wherein a first void is formed between the first lower end wall, a bed frame, and a first side rail connected to the bed frame (at least Figs. 2-4 element 10C).
Re Claim 7, the combination of Adams and Chang teaches:
The universal air surface of claim 6 (detailed with respect to claim 6).
Chang further teaches:
wherein the first void (at least Figs. 2-4 element 10C).
Adams further teaches:
is configured to accommodate a manifold having a maximum manifold diameter between about 3.25 inches and 3.5 inches (at least Figs. 4-6 element 34 and [0023] “air manifold 34”.).
It would have been obvious to a person having ordinary skill in the art to have modified the air surface taught by the combination of Adams and Chang with the dimensions taught by Adams with a reasonable expectation of success and predictable results to arrive at a mattress with a manifold having diameter between 3.25-3.5 inches. It has been held that “a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close” (MPEP 2144.05.I).
Re Claim 8, the combination of Adams and Chang teaches:
The universal air surface of claim 6 (detailed with respect to claim 6).
Chang further teaches:
wherein a second void is formed between the second lower end wall, the bed frame, and a second side rail connected to the bed frame (at least Figs. 2-4 element 10D); wherein a first cross sectional area of the first void is greater than a second cross sectional area of the second void (at least Fig. 5B).
Re Claim 9, the combination of Adams and Chang teaches:
The universal air surface of claim 1 (detailed with respect to claim 1).
Adams further teaches:
further comprising a receiving sleeve demountably connected to the plurality of inflatable air chambers (at least Fig. 1 element 3).
Re Claim 10, the combination of Adams and Chang teaches:
The universal air surface of claim 9 (detailed with respect to claim 9).
Adams further teaches:
further comprising an exterior cover demountably connected to the plurality of inflatable air chambers (at least Fig. 1 element 3).
Re Claim 13, Adams teaches:
A method of a routing a manifold adjacent to a plurality of inflatable air chambers (at least [Abstract] “low air loss mattress”) comprising the steps of:
providing a bed frame having a first side rail and a second side rail opposite the first side rail (at least Figs. 1-6); providing a plurality of inflatable air chambers disposed in parallel arrangement with each other (at least Figs. 1-6 elements 6),
wherein each of the plurality of inflatable air chambers comprises: a top wall; a bottom wall disposed opposite the top wall; a head side wall connected between the top wall and the bottom wall; a foot side wall disposed opposite the head side wall, the foot side wall connected between the top wall and the bottom wall (at least Figs. 1-6. Air cell top, bottom, upper left, and lower left walls);
a first side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall (at least Figs. 1-6. Air cell middle left wall), wherein the first side wall comprises: a first upper end wall connected to the top wall and extending downwardly from the top wall; and a first lower end wall connected between the first upper end wall and the bottom wall, wherein the first lower end wall is connected to the first upper end wall at a first height above the bottom wall (at least Figs. 1-6. Air cell upper left, and lower left walls); and
a second side wall connected between the top wall, the bottom wall, the head side wall, and the foot side wall (at least Figs. 1-6. Air cell middle right wall), a second upper end wall connected to the top wall and extending downwardly from the top wall; and a second lower end wall connected between the second upper end wall and the bottom wall, wherein the second lower end wall is connected to the second upper end wall at a second height above the bottom wall, wherein the first height is greater than the second height (at least Figs. 1-6. Air cell upper right, and lower right walls);
connecting a manifold to each of the plurality of inflatable air chambers proximate the first lower end wall; positioning the plurality of inflatable air chambers and the manifold on the bed frame between the first side rail and the second side rail (at least Figs. 4-6 element 34 and [0023] “air manifold 34”.); inflating the plurality of inflatable air chambers; compressing the first upper end wall against the first side rail; compressing the second upper end wall against the second side rail (at least Fig. 5).
Adams does not explicitly teach:
forming a first void between the first lower end wall, the first side rail, and the bed frame; and routing the manifold through the first void.
However, Chang teaches:
forming a first void between the first lower end wall, the first side rail, and the bed frame; and routing through the first void (at least Figs. 2-4 element 10D).
It would have been obvious to a person having ordinary skill in the art to have modified the air surface taught by Adams with the angles taught by Chang with a reasonable expectation of success and predictable results to arrive at a mattress with air cells having non-perpendicular angles. A person having ordinary skill would have been motivated to do so because “the volume of an outer side of the left chamber 11 or the right chamber 12 can be smaller than the volume of an inner side” (Chang [0050]), which allows additional support padding underneath. Further, it has been held that “a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close” (MPEP 2144.05.I).
Re Claim 14, the combination of Adams and Chang teaches:
The method according to claim 13 (detailed with respect to claim 13).
Chang further teaches:
further comprising the step of forming a second void between the second lower end wall, the second side rail, and the bed frame (at least Figs. 2-4 element 10D); wherein a first cross sectional area of the first void is greater than a second cross sectional area of the second void (at least Fig. 5B).
Re Claim 15, the combination of Adams and Chang teaches:
The method according to claim 13 (detailed with respect to claim 13).
Adams further teaches:
wherein the first lower end wall forms a first angle with the bottom wall (at least Figs. 1-6. Air cell lower left wall), and the second lower end wall forms a second angle with the bottom wall (at least Figs. 1-6. Air cell lower right wall).
Chang further teaches:
wherein the first angle is greater than the second angle (at least Figs. 2-3A element 11).
It would have been obvious to a person having ordinary skill in the art to have modified the air surface taught by Adams with the angles taught by Chang with a reasonable expectation of success and predictable results to arrive at a mattress with air cells having non-perpendicular angles. A person having ordinary skill would have been motivated to do so because “the volume of an outer side of the left chamber 11 or the right chamber 12 can be smaller than the volume of an inner side” (Chang [0050]), which allows additional support padding underneath.
Re Claim 18, the combination of Adams and Chang teaches:
The method according to claim 13 (detailed with respect to claim 13).
Chang further teaches:
wherein the first void (at least Figs. 2-4 element 10C).
Adams further teaches:
is configured to accommodate a manifold having a maximum manifold diameter between about 3.25 inches and 3.5 inches (at least Figs. 4-6 element 34 and [0023] “air manifold 34”.).
It would have been obvious to a person having ordinary skill in the art to have modified the air surface taught by the combination of Adams and Chang with the dimensions taught by Adams with a reasonable expectation of success and predictable results to arrive at a mattress with a manifold having diameter between 3.25-3.5 inches. It has been held that “a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close” (MPEP 2144.05.I).
Re Claim 19, the combination of Adams and Chang teaches:
The method according to claim 13 (detailed with respect to claim 13).
Adams further teaches:
further comprising the step of inserting each of the plurality of inflatable air chambers into a receiving sleeve (at least Fig. 1 element 3).
Re Claim 20, the combination of Adams and Chang teaches:
The method according to claim 13 (detailed with respect to claim 13).
Adams further teaches:
further comprising the step of inserting the plurality of inflatable air chambers into an exterior cover (at least Fig. 1 element 3).
Allowable Subject Matter
Claims 3-4, 11-12, and 16-17 contain allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
Examiner notes that US 20210244194 A1 to Adams, US 20200078241 A1 to Chang, US 20070151033 A1 to Wyatt, and US D703977 S to Roberts are particularly relevant.
Regarding claims 3, 11, and 16, the primary reference Adams teaches a universal air surface comprising a plurality of inflatable air chambers that each have a first and second side wall with first and second angles, respectively, and in combination with Chang teaches that the first angle is greater than the second angle. However, the combination of Adams and Chang does not teach Applicant’s claimed “wherein the first angle is between about 110 degrees and 115 degrees”. This limitation is seen in Applicant’s Fig. 5 where the two angles α1 and α2 are formed due to the different heights H1 and H2, wherein α1 is an obtuse angle. As seen in Adams Figs. 4-5, the air cells are rectangular prisms with right angles between the walls. Although Chang Figs. 2-3 teach air cells with obtuse angles, Chang fails to teach Applicant’s claimed “wherein the first height is greater than the second height” because Chang’s air cells are trapezoidal prisms (e.g., the air cell 11 is a trapezoidal prism that teaches only a singular height, which is the height of the trapezoid along edge 112). In essence, as seen in Applicant’s Fig. 5, the different first and second heights result in an air cell that is a non-symmetrical octagonal prism. Although Wyatt teaches an obtuse angle cross section with many sides in Fig. 3, Wyatt suffers from a similar deficiency as Chang in that Wyatt fails to teach Applicant’s claimed “wherein the first height is greater than the second height” because of Wyatt’s symmetrical heights between the left and right halves in Fig. 3. Roberts also suffers from a similar deficiency, as seen in Fig. 2 showing a symmetrical hexagonal cross section.
There is no teaching, suggestion, or motivation in the prior art to result in Applicant’s claimed structure. The dependent claims contain allowable subject matter for similar reasons due to their dependency.
Conclusion
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
