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)(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) 34 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pat. No. 4,449,261 to Magnusson
Claim 34, Magnussen discloses a mattress 10 defining a mattress top, a mattress bottom, and a mattress perimeter 14, the mattress comprises:
a bottom portion defining a first layer having a bottom portion perimeter, the bottom portion comprising plurality of coiled springs 26 extending around the mattress perimeter; and at least one air chamber (42,44) positioned within the plurality of coiled springs; a second layer 34 having a second layer perimeter, the second layer positioned on top of the bottom portion; and a topper portion (36,40) defining a third layer having a topper portion perimeter, the topper portion positioned on top of the second layer, the topper portion comprising a foam 40, wherein the bottom portion perimeter, the second layer perimeter, and the topper portion perimeter define the mattress perimeter (fig. 1d).
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) 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,449,261 to Magnusson.
Claims 36-37, Magnussen discloses the mattress wherein the topper comprises a first 36 layer and a second foam layer 38, the first layer positioned above the second foam layer and farther away from the second layer, both of the first layer and the second foam layer extending entirely within the mattress perimeter. Magnussen is silent to the first layer being made from foam or the first foam layer and the second foam layer each comprising foams having different material properties. Selecting foam materials for the first layer and the second layer is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select foam material as stated above with a reasonable expectation of success because it would have provided an equivalent and alternative materials to provide varying support characteristics the suit the needs of the individual user for the topper of Magnussen.
Claim(s) 35 and 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,449,261 to Magnusson in view of U.S. Pub. No. 2014/0373280 to Mossbeck.
Claim 35, Magnussen discloses the mattress wherein the second layer is attached to an upper surface of the plurality of coiled springs and a bottom surface of the foam (fig. 3). Magnussen is silent to a scrim. Mossbeck discloses a pocketed spring topper 19 having a scrim layer 21 (fig. 1B)[0063]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the scrim material in Mossbeck with the mattress of Magnusson with a reasonable expectation of success because it would have separated the bottom portion from the topper layer of Magnussen.
Claim 38, Magnussen discloses a mattress 10 defining a mattress top, a mattress bottom, and a mattress perimeter, the mattress comprises a bottom portion defining a first layer, the bottom portion comprising a first plurality of springs defined by an inner row of springs 26 extending around the mattress perimeter; and at least one air chamber (42,44) positioned within the first plurality of springs; a second layer 34 positioned on top of the bottom portion; and a topper portion defining a third layer. Magnussen is silent to the topper portion having a second and third plurality of coiled springs. Mossbeck discloses a topper having a spring assembly defining at least a second and third plurality of strings of coiled springs 19 extending around the mattress perimeter and defining a void, and a support layer defined by a foam core inserts 14 extending across the inner void having a scrim layer 21 attached thereto (fig. 1B)[0017][0063]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the scrim material in Mossbeck with the mattress of Magnusson with a reasonable expectation of success because it would have imparted an improved "feel" or comfort level to a user due to the construction of the strings [0016].
Claim 39, Magnussen, as modified, discloses the mattress wherein the third plurality of stringed coiled springs of Mossbeck is adhesively attached to the scrim [0095]
Claim 40, Magnussen, as modified, discloses the mattress wherein the foam core and the second plurality of coiled springs of Mossbeck are coupled together forming an upside-down cavity configured to made with the third plurality of coiled springs extending upward from the scrim (fig. 1B).
Claim(s) 21-22, 24, and 28-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,449,261 to Magnusson in view of U.S. Pat. No. 5,704,085 to Sabalaskey, and further in view of U.S. Pub. No. 2019/0269251 to Eigenmann et al.
Claim 21, Magnussen discloses a mattress 10 defining a mattress top, a mattress bottom, and a mattress perimeter 14, the mattress comprises:
a bottom portion defining a first layer, the bottom portion comprising:
a first plurality of springs 26 extending around the mattress perimeter; and
at least one air chamber (42,44) positioned within the first plurality of springs;
a second layer (34,40) positioned on top of the bottom portion; and
a topper portion 36 defining a third layer, Magnussen is silent to the topper portion comprising a foam core positioned within a perimeter. Sabalaskey discloses a mattress having a topper having a firming edge 32 extending around the mattress perimeter; and a foam core 23 positioned within the firm edge. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the topper portion disclosed in Sabalaskey with the mattress of Magnussen with a reasonable expectation of success because it would have provided a firmer edge for the mattress toper of Magnussen. Magnussen is silent to the topper having a second plurality springs. Eigenmann discloses a topper having a second plurality of firm springs (30,44) that extend around a perimeter of a topper (fig. 2)[0053][0057]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine second plurality of springs disclosed in Eigenmann with the topper of Magnussen with a reasonable expectation of success because it would have provided an equivalent and alternative material to construct a firmer edge for the mattress toper of Magnussen.
Claim 22, Magnussen discloses the mattress wherein an upper surface of the at least one air chamber and an upper surface of the first plurality of springs are substantially co-planar (fig. 1d).
Claim 24, Magnussen, as modified, discloses the mattress wherein a bottom surface of the foam core and a bottom surface of the second plurality of springs are substantially co-planar.
Claim 28, Magnussen discloses the mattress wherein the first layer, the second layer, and the third layer are vertically separated (fig. 1d).
Claim 29, Magnussen, as modified, discloses the mattress, but is silent to a height of the first plurality of springs and a height of the second plurality of springs are substantially equal, both a height of the first plurality of springs and a height of the second plurality of springs are different, or a spring rate of the first plurality of springs and a spring rate of the second plurality of springs are different. Selecting a height or spring rate for the first and second plurality of springs is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the height and spring rates as stated above with the mattress of Magnussen with a reasonable expectation of success because it would have provided an equivalent and alternative spring height and spring rate for the mattress of Magnussen.
Claims 30-32, Magnussen, as modified, discloses the mattress wherein the core of Sabalaskey comprises a first layer 16 and a second foam layer 14 extending entirely within the firm edge, and the first layer positioned above the second foam layer. Magnussen is silent to the first layer being made from foam or the first foam layer and the second foam layer each comprising foams having different material properties and springs of different heights. Selecting foam materials for the first layer and the second layer and springs of different heights is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select foam material and different heights as stated above with a reasonable expectation of success because it would have provided an equivalent and alternative materials to provide varying support characteristics the suit the needs of the individual user for the topper of Magnussen.
Claim 33, Magnussen discloses the mattress further comprising a cover closeable about the bottom portion, the second layer, and the topper portion via a zipper (col. 7-8 lines 67-68 & 1-23).
Claim(s) 23 and 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 4,449,261 to Magnusson in view of U.S. Pat. No. 5,704,085 to Sabalaskey, U.S. Pub. No. 2019/0269251 to Eigenmann et al., and further in view of
U.S. Pub. No. 2014/0373280 to Mossbeck
Claims 23 and 25-27, Magnusson discloses the mattress, but is silent to a scrim layer. Mossbeck discloses a pocketed spring topper 19 having a scrim layer 21 adhesively attached (fig. 1B)[0063][0095]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the scrim layer in Mossbeck with the mattress of Magnusson with a reasonable expectation of success because it would have separated the bottom portion from the topper layer of Magnussen.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 1,371,362 to Giese discloses a mattress having a plurality of springs extending around the perimeter of a mattress.
U.S. Pub. No. 2015/0026893 to Garrett et al. discloses a topper having a plurality of springs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3679
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