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 .
Status of the Application
Claims 1—20 have been examined in this application. This communication is the first action on merits.
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.
(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) 1—17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S Patent Application 2022/0287473 A1 to Karschnik et. al (Karschnik hereafter)
As per claim 1, Karschnik teaches:
A mattress system (100-Fig.1; para [0062])
comprising:
a first layer having a first layer top and a first layer bottom (102-Fig.1; para [0062]); a head rail attached to the first layer bottom (232-Fig.4; para [0081]); a foot rail attached to the first layer bottom (230-Fig.4; para [0081])and defining a first recessed portion (306-Fig.8; para [0099])and a second recessed portion (306-Fig.8; para [0099]);
a first side rail attached to each of the first layer bottom, the head rail and the foot rail (para [0065]); a second side rail attached to each of the first layer bottom, the head rail and the foot rail (para [0065]); a first air module (para [0099]) configured to create airflow between a first side of the first layer top and the first layer bottom (claim 1) via a first airflow insert pad (122-Fig.3; para [0063]), the first air module being positioned in the first recessed portion of the foot rail (claim 1);
a second air module configured to create airflow between a second side of the first layer top and the first layer bottom (claim 13) via a second airflow insert (122-Fig.3; para [0063]) , the second air module being positioned in the second recessed portion of the foot rail (claim 13); and one or more support layers including a first recessed portion and a second recessed portion (306-Fig.8; para [0099]), wherein the first airflow insert is positioned in the first recessed portion (122-Fig.3; para [0063])
and the second airflow insert is positioned in the second recessed portion (122-Fig.3; para [0063]).
As per claim 2, Karschnik teaches:
A bed system (100-Fig.1; para [0062])
comprising:
a top foam layer having a top surface and a bottom surface (102-Fig.1; para [0062]); one or more support layers positioned below the bottom surface of the top foam layer (108-Fig.1; para [0062]);
an inflatable chamber positioned below the one or more support layers (222-Fig.7; para [0065]); a foam rail structure (para [0020])
including a head rail (232-Fig.4; para [0081]), a foot rail (230-Fig.4; para [0081]), a left rail, and a right rail (para [0065]: left & right side rail), the foam rail structure being attached to a bottom side of the top foam layer and configured to surround the support layer and the inflatable chamber (para [0020]); a mattress bottom that covers the inflatable chamber (para [0102]);
and an air module configured to create airflow (para [0099])
and positioned within the foot rail (claim 1) and connected to an airflow insert (122-Fig.3; para [0063]) positioned within a recessed portion (306-Fig.8; para [0099])of the one or more support layers (122-Fig.3; para [0063]).
As per claim 3, Karschnik teaches:
The bed system of claim 2, wherein the air module is configured to draw air from the top foam layer and direct exhaust air toward a foot side of the bed system (claim 14).
As per claim 4, Karschnik teaches:
The bed system of claim 2, wherein the air module includes: a housing (700-Fig.5; para [0091]) that defines an air inlet (708 & 710-Fig.5; para [0091]) and an air outlet (702-Fig.5; para [0091]); and a fan assembly (110-Fig.5; para [0091]) enclosed in the housing and configured to suction air through the air inlet and supply exhaust air through the air outlet (claim 11).
As per claim 5, Karschnik teaches:
A mattress (100-Fig.1; para [0062])
comprising:
a first side rail and a second side rail (234 & 236-Fig.6; para [0065]);
a top layer (102-Fig.1; para [0062]) attached to the first side rail and the second side rail (para [0024]);
an airflow insert (122-Fig.3; para [0063]); an air module (110-Fig.8; para [0099]) in fluid communication with the airflow insert to create airflow through the top layer of the mattress (claim 1);
and a support layer positioned under the top layer and between the first side rail and the second side rail (204-Fig.2; para [0069]), wherein the support layer includes a recessed portion (204-Fig.7; para [0069]: support layer provided with recessed portion) and the airflow insert is positioned in the recessed portion (708-Fig.6; para [0093]).
As per claim 6, Karschnik teaches:
The mattress of claim 5, wherein the recessed portion is on a bottom side of the support layer (204-Fig.7 recessed portion on bottom side of support layer).
As per claim 7, Karschnik teaches:
The mattress of claim 5, wherein the mattress further comprises: a head rail (232-Fig.4; para [0081]) and a foot rail (230-Fig.4; para [0081]), wherein the support layer is further positioned between the head rail and the foot rail (108-Fig.1; para [0062]).
As per claim 8, Karschnik teaches:
The mattress of claim 7, wherein the foot rail includes an air module recess (1306-Fig.16; para [0157]) and the air module is configured to be positioned in the air module recess (1110-Fig.16; para [0157]).
As per claim 9, Karschnik teaches:
The mattress of claim 5, wherein the airflow insert is attached to the support layer using one or more fasteners (para [0076]: insert 122 attached to support via hook and loop fasteners).
As per claim 10, Karschnik teaches:
The mattress of claim 9, wherein the one or more fasteners include one or more hook and loop fasteners (para [0076]: insert 122 attached to support via hook and loop fasteners).
As per claim 11, Karschnik teaches:
The mattress of claim 5, wherein the airflow insert is positioned in the support layer without the use of fasteners (para [0162]: airflow insert positioned in support layer without attachment mechanisms).
As per claim 12, Karschnik teaches:
The mattress of claim 5, wherein the air module is configured to draw air from the top layer (para [0011]: air module is configured to draw air from the first layer).
As per claim 13, Karschnik teaches:
The mattress of claim 5, wherein the air module is configured to push air through the top layer (para [0066]: air module pushes air).
As per claim 14, Karschnik teaches:
The mattress of claim 5, wherein the air module includes: a housing that defines an air inlet (708 & 710-Fig.5; para [0091]) and an air outlet (700-Fig.5; para [0091]); and a fan assembly (110-Fig.5; para [0091]) enclosed in the housing and configured to suction air through the air inlet and supply exhaust air through the air outlet (para [0091]).
As per claim 15, Karschnik teaches:
The mattress of claim 14, wherein the airflow insert is connected to the air inlet (122 & 708 & 710-Fig.5; para [0091]: airflow insert 122 connected to air inlet 710).
As per claim 16, Karschnik teaches:
The mattress of claim 14, wherein the air module includes: wiring that is electrically connected to the fan assembly and extending from the housing (608-Fig.5; para [0130]), the wiring configured to electrically connect to a power source external to the mattress and supply electrical power to the fan assembly (para [0130]).
As per claim 17, Karschnik teaches:
The mattress of claim 5, wherein the air module includes a module to heat air (920-Fig.14; para [0140]).
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2022/0287473 A1 to Karschnik in view of U.S Patent Application 2019/0380501 A1 to Reynolds (Reynolds hereafter).
As per claim 18, Karschnik teaches:
The mattress of claim 5, further comprising:
and being sized and shaped to at least partially cover the airflow insert (140-Fig.1; para [0067]).
Karschnik does not teach: a sleeve made of a fire resistant material.
Reynolds teaches: a sleeve made of a fire resistant material (para [0033]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Karschnik (directed to a bed with integrated climate control provided with a cover and airflow insert) and Reynolds (directed to a sleeve made of fire resistant material) and arrived at a bed with integrated climate control provided with a cover and airflow insert including a sleeve made of fire resistant material. One of ordinary skill in the art would have been motivated to make such a combination to provide a fabric that meets burn test requirements and protect the user during sleep as taught in Reynolds (para [0088]).
Claim(s) 19 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2022/0287473 A1 to Karschnik in view of U.S Patent Application 2019/0380501 A1 to Reynolds in further view of U.S Patent Application 2006/0270294 A1 to Hamano et. al (Hamano hereafter).
As per claim 19, Karschnik (as modified) teaches: The mattress of claim 18.
Karschnik does not teach, wherein the airflow insert includes material that is configured to block the airflow from the air module when melted; and wherein when a burn occurs the sleeve is configured to direct heat from the burn towards the airflow insert, thereby melting material included in the airflow insert pad and blocking the airflow by the air module.
Hamano teaches:
wherein the airflow insert includes material that is configured to block the airflow from the air module when melted (para [0020]: fiber may consist of linear polyolefin which can be caused to melt during thermal event); and wherein when a burn occurs the sleeve is configured to direct heat from the burn towards the airflow insert, thereby melting material included in the airflow insert pad and blocking the airflow by the air module (para [0020]: fiber may consist of linear polyolefin which can be caused to melt during thermal event thereby blocking airflow by the air module).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Karschnik (directed to a bed with integrated climate control provided with a cover and airflow insert) and Hamano (directed to a sleeve made of fire resistant material) and arrived at a bed with integrated climate control provided with a cover and airflow insert including a sleeve made of fire resistant material. One of ordinary skill in the art would have been motivated to make such a combination to provide an elastic fabric treated with cross-linking as taught in Hamano (para [0088]).
As per claim 20, Karschnik (as modified) teaches:
The mattress of claim 18, wherein the mattress further comprises a cover surrounding at least the support layer, the airflow insert, the first side rail, the second side rail, and the top layer (140-Fig.1; para [0067]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S Patent 11,160,386 B2 teaches a body support cushion is provided with layered foam which receives airflow and allows passage in predefined areas through the body support cushion.
U.S Patent 9,596,945 B2 teaches: a support cushion is provided for dissipating heat away from the support cushion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
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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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/D.T.G./Examiner, Art Unit 3673 06/12/2026
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
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