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 .
Claim Rejections - 35 USC § 112
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 17 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 Examiner what Applicant is referring to as “a first textile flap” and “a second textile flap” in claim 17. It appears the exact same recitation is discloses in claim 16 which claim 17 is dependent to. It is unclear if the a first textile flap and a second textile flap in claim 16 is the same as the a first textile flap and a second textile flap of claim 17. Claim 17 will be examined under the assumption the a first textile flap and a second textile flap in claim 16 is the same as the a first textile flap and a second textile flap of claim 17.
Claim 23 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 Examiner what Applicant is referring to as “wherein: the providing the mattress assembly”. This appears to grammatically incorrect or a typo and should read “wherein: the mattress assembly comprising providing” or “wherein: providing the mattress assembly comprises providing”. Claims will be examined under this assumption.
Claim 24 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 Examiner what Applicant is referring to as “wherein: the providing the mattress assembly”. This appears to grammatically incorrect or a typo and should read “wherein: the mattress assembly comprising providing” or “wherein: providing the mattress assembly comprises providing”. Claims will be examined under this assumption.
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) 1, 4, 6, 7, 11-18, 20, 21, 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2009/0293198A1 hereinafter referred to as Fodge further in view of US Patent 7,832,038 hereinafter referred to as Murphy.
Re-Claim 1
Fodge discloses a method comprising: providing the mattress assembly (see [0005] discloses this method can be utilized in a mattress) comprising: a mattress core 30 fig.1 having a top side, a bottom side, and a peripherally extending side disposed between the top side and the bottom side (see fig.2); and a detachable and reversible mattress ticking assembly 10, 20 fig.1 for at least partially enclosing said mattress core; the detachable and reversible mattress having an obverse face 12, 24 fig.1 and a reverse face 14, 22 fig.1; positioning the detachable and reversible mattress ticking assembly over the mattress core in a first orientation (with faces 12 and 24 facing outwards) with the reverse face facing the mattress core and the obverse face facing outwardly defining a ticking surface; removing the detachable and reversible mattress ticking assembly from the mattress core; turning the detachable and reversible mattress ticking assembly inside out or flipping over the detachable and reversible mattress ticking assembly; repositioning the detachable and reversible mattress ticking assembly over the mattress core in a second orientation (with faces 14 & 22 facing outwards) with the obverse face facing the mattress core and the reverse face facing outwardly defining a ticking surface;
However does not disclose wherein the mattress assembly satisfying the flammability standards of both 16 CFR 1632.4 and 16 CFR 1633 when tested with the detachable and reversible mattress ticking assembly disposed and secured in the first orientation; and the mattress assembly satisfying the flammability standards of both 16 CFR 1632.4 and 16 CFR 1633 when tested with the detachable and reversible mattress ticking assembly disposed and secured in the second orientation.
Murphy teaches a mattress assembly 50, 60 satisfying the flammability standards of both 16 CFR 1632.4 and 16 CFR 1633 when tested with said mattress ticking assembly 10.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the method of utilizing a detachable and reversible mattress ticking and the mattress ticking satisfying the flammability standards of both 16 CFR 1632.4 and 16 CFR 1633 when tested with said mattress ticking assembly of Murphy and with a reasonable expectation of success arrived at the method of utilizing a detachable and reversible mattress ticking made of a material with satisfies flammability standards. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing a fire resistant barrier that functions to protect a mattress, a mattress foundation, upholstered article, or bedclothes from fire by creating a substantially non-burning or slow-burning barrier that isolates a fuel load from an ignition source as taught in Murphy [column 11 lines 38-43].
Re-Claim 4
Fodge as modified by Murphy above discloses,
wherein: the positioning comprises providing the obverse face in the first orientation with a first visual appearance to a customer; and the repositioning comprises providing the reverse face in the second orientation with a second visual appearance to the customer, the second visual appearance being different than the first visual appearance [0018 Fodge].
Re-Claim 6
Fodge as modified by Murphy above discloses,
wherein: the removing comprises removing the detachable and reversible mattress ticking assembly having a soiled obverse face from the from the mattress core; and the repositioning comprises repositioning the detachable and reversible mattress ticking assembly over the mattress core in the second orientation with the soiled obverse face facing the mattress core and the reverse face facing outwardly defining a ticking surface [0025-0026 Fodge].
Re-Claim 7
Fodge as modified by Murphy above discloses,
wherein: the removing comprises laundering the mattress ticking assembly having the soiled obverse face; and the repositioning comprises repositioning the detachable and reversible mattress ticking assembly over the mattress core in the second orientation with the laundered obverse face facing the mattress core and the reverse face facing outwardly defining a ticking surface [0005 Fodge].
Re-Claim 11
Fodge as modified by Murphy above discloses,
Fodge discloses wherein the detachable and reversible mattress ticking assembly comprises a first portion 16 fig.2 extendable over a first portion of the top side of the mattress core and a second portion 26 fig.2 extendable over a second portion of the top side of the mattress core, and wherein: the positioning comprises releasably attaching the first portion to the second portion, and positioning in the first orientation the first portion over a first portion of the top side of the mattress core and positioning a second portion extendable over a second portion of the top side of the mattress core; the removing comprises removing the first portion from the second portion from the mattress core; and the repositioning comprises releasably attaching the first portion in the second orientation to the second portion, and positioning the first portion over the mattress core.
Re-Claim 12
Fodge as modified by Murphy above discloses,
Fodge discloses wherein the mattress assembly further comprises a connector 40 fig.1 and wherein: the positioning comprises closing a connector to secure the detachable and reversible mattress ticking assembly in the first orientation to the mattress core: removing comprises opening the connector to remove the detachable and reversible mattress ticking assembly from the mattress core; and the repositioning comprises closing the connector to secure the detachable and reversible mattress ticking assembly in the second orientation to the mattress core [0022-0025].
Re-Claim 13
Fodge as modified by Murphy above discloses,
Fodge discloses wherein the connector is disposed along the peripherally extending side of the mattress core between the top side and the bottom side of the core (see fig.1 & 2).
Re-Claim 14
Fodge as modified by Murphy above discloses,
Fodge discloses wherein: the positioning comprises positioning a first textile flange 50 fig.2 disposed on the obverse face over the connector in the first orientation; and the repositioning comprises positioning a second textile flange 52 fig.2 disposed on the reverse face over the connector in the second orientation.
Re-Claim 15
Fodge as modified by Murphy above discloses,
Fodge discloses wherein the mattress assembly further comprises a reversible zipper 40 fig.1 and wherein: the positioning comprises closing a reversible zipper to secure the detachable and reversible mattress ticking assembly in the first orientation to the mattress core: removing comprises opening the reversible zipper to remove the detachable and reversible mattress ticking assembly from the mattress core; and the repositioning comprises closing the reversible zipper to secure the detachable and reversible mattress ticking assembly in the second orientation to the mattress core [0022-0025].
Re-Claim 16
Fodge as modified by Murphy above discloses,
Fodge discloses wherein: the positioning comprises positioning a first textile flap 50 disposed on the obverse face over the zipper in the first orientation; and the repositioning comprises positioning a second textile flap 52 disposed on the reverse face over the exposed zipper in the second orientation.
Re-Claim 17
Fodge as modified by Murphy above discloses,
Fodge discloses wherein: the positioning comprises positioning a first textile flap 50 completely over the exposed zipper and in the first orientation; and the repositioning comprises positioning a second textile flap 52 completely over the exposed zipper in the second orientation.
Re-Claim 18
Fodge as modified by Murphy above discloses,
Fodge discloses wherein the reversible zipper comprises a plurality of zipper chain portions 18, 28, 42, 44 fig.2, and wherein: the positioning comprises closing one of the plurality of zipper chain portions in a first direction to secure the detachable and reversible mattress ticking assembly in the first orientation to the mattress core: the removing comprises opening the one of the plurality of zipper chain portions to remove the detachable and reversible mattress ticking assembly from the mattress core; and the repositioning comprises closing a different one of the plurality zipper chain portions in a different direction to secure the detachable and reversible mattress ticking assembly in the second orientation to the mattress core ([0022-0025] the function in inherent in the function of a reversable zipper as disclosed by Fodge).
Re-Claim 20
Fodge as modified by Murphy above discloses,
Fodge discloses wherein the detachable and reversible mattress ticking assembly completely covers the entire outermost surface area of the mattress core (see fig.1 & 2).
Re-Claim 21
Fodge as modified by Murphy above discloses,
wherein the detachable and reversible mattress ticking assembly comprises at least one fire barrier layer disposed between the obverse face and the reverse face (see fig.3 and [column 9 lines 2-7] Murphy (the teaching of Murphy makes it clear a number of fire barrier layers can be included between the outer faces)).
Re-Claim 23
Fodge as modified by Murphy above discloses,
Fodge discloses wherein: the providing the mattress assembly comprising providing the mattress assembly as an original sale into commerce (its inherent that the product would be sold).
Re-Claim 24
Fodge as modified by Murphy above discloses,
Fodge discloses wherein: the providing the mattress assembly comprises providing a retail ready mattress assembly to consumers in either the first orientation or the second orientation of the detachable and reversible mattress ticking assembly (inherent in the use of the product).
Claim(s) 2, 3, 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fodge as modified by Murphy above further in view of US Patent 5,414,882 hereinafter referred to as Goodale.
Re-Claim 2
Fodge as modified by Murphy above discloses however does not discloses wherein: the positioning comprises providing the obverse face in the first orientation with a first performance attribute to a customer; and the repositioning comprises providing the reverse face in the second orientation with a second performance attribute to the customer, the second performance attribute being different than the first performance attribute.
Goodale teaches a method for positioning a mattress ticking assembly 10, 23 fig.1 & 2 wherein : the positioning comprises providing the obverse face 34 in the first orientation (see fig.7a) with a first performance attribute 38 fig.2 to a customer; and the repositioning comprises providing the reverse face 36 fig.2 in the second orientation (see fig.7b) with a second performance attribute 41 fig.2 to the customer, the second performance attribute being different than the first performance attribute [see column 4 lines 1-11].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the method of Fodge as modified by Murphy and the method of positioning a detachable reversable mattress ticking with differing performance attributes as taught by Goodale and with a reasonable expectation of success arrived at the method of positioning a detachable reversable mattress ticking with differing performance attributes. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of having a selectable sleep surface with improved performance attributes for the summer and winter as taught in Goodale [column 4 lines 1-11].
Re-Claim 3
Fodge as modified by Murphy and Goodale above discloses,
Goodale teaches wherein: the positioning comprises providing the obverse face in the first orientation with cooling properties to a customer; and the repositioning comprises providing the reverse face in the second orientation with warming properties to the customer [column 4 lines 1-11].
Re-Claim 5
Fodge as modified by Murphy and Goodale above discloses,
Goodale teaches wherein: the positioning comprises providing the obverse face in the first orientation with first visual appearance and a first performance attribute to a customer; and the repositioning comprises providing the reverse face in the second orientation with a second visual appearance and a second performance attribute to the customer, the second visual appearance and second performance attribute being different than the first visual appearance and the first performance attribute (see fig.7A & 7B/ [column 4 lines 1-11]).
Re-Claim 10
Fodge as modified by Murphy and Goodale above discloses,
Goodale teaches wherein: the detachable and reversible mattress ticking assembly extends only over the top side of the core, the positioning comprises positioning the detachable and reversible mattress ticking assembly over only the top side of the mattress core in the first orientation with the reverse face facing only the top of the mattress core and the obverse face facing outwardly defining the ticking surface; the turning comprises flipping over the detachable and reversible mattress ticking assembly; and the repositioning comprises repositing the detachable and reversible mattress ticking assembly over only the top side of the mattress core in a second orientation with the obverse face facing the top of the mattress core and the reverse face facing outwardly defining the ticking surface (see fig.1 & 2).
Claim(s) 8, 9, 19 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fodge as modified by Murphy above further in view of US Patent Publication US2007/0202294A1 hereinafter referred to as Ogle.
Re-Claim 8
Fodge as modified by Murphy above discloses wherein: the positioning comprises positioning the detachable and reversible mattress ticking assembly in the first orientation over the top side of the mattress core and over the peripherally extending side of the mattress core; the removing comprises removing the detachable and reversible mattress ticking assembly from the portion of the top side of the mattress core, from the peripherally extending side of the mattress core, and from the bottom side of the mattress core; and the repositioning comprises repositioning the detachable and reversible mattress ticking assembly in the second orientation over the top side of the mattress core, over the peripherally extending side of the mattress core (see [0025-0026] and fig.1 & 2 Fodge).
However does not disclose positioning the mattress ticking assembly over the top side of the mattress core, over the peripherally extending side of the mattress core, and over only a portion of the bottom side of the mattress core.
Ogle teaches a method for positioning a mattress ticking assembly 150 fig.3C over a mattress core 152 fig.3C wherein positioning the mattress ticking assembly over the top side of the mattress core, over the peripherally extending side of the mattress core, and over only a portion of the bottom side of the mattress core [0068].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the method of Fodge as modified by Murphy and the method of partially positioning a detachable ticking over a mattress as taught by Ogle and with a reasonable expectation of success arrived at the method of partially positioning a detachable reversable mattress ticking over a mattress. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of easily partially enclosing the mattress ticking over the mattress as taught in Ogle [0068].
Re-Claim 9
Fodge as modified by Murphy and Ogle above discloses,
wherein the detachable and reversible mattress ticking assembly disposable over the bottom side of the mattress core comprises elastomeric properties extendable along the bottom side of the mattress core ([0046] the discussed material have inherent elastomeric properties Fodge and [0068] Ogle.
Re-Claim 19
Fodge as modified by Murphy and Ogle above discloses,
wherein the detachable and reversible mattress ticking assembly covers less than the entire outermost surface area of the mattress core (see fig.3C Ogle).
Re-Claim 22
Fodge as modified by Murphy and Ogle above discloses,
wherein: the mattress core comprises foam [0057] Ogle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
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
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