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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,502,327. Although the claims at issue are not identical, they are not patentably distinct from each other because each of the features of claims 1-3 are found in claims 1-15. See claim 1 of US Patent No. 12,502,327 which comprises four pairs of corner straps and connecting straps extending along the periphery of the mattress. The stretching band of current claim 2 is found in dependent claim 3 of US Patent No. 12,502,327. The claimed angles of the straps of claim 3 are found in dependent claim 7 of US Patent No. 12,502,327.
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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guy et al. (US PG Pub. No 2020/0015597 – hereinafter Guy).
Regarding Claim 1: Guy discloses a bed stretching system (placement band 100 of Guy) configured to be fitted to a mattress (Fig. 2 of Guy), the bed stretching system comprising:
four pairs of corner straps (straps 102 of Guy) each configured to secure around a respective corner of a mattress when fitted to a mattress (Fig. 2 of Guy); and
connecting straps (see annotated copy of Fig. 1a of Guy) configured to extend along peripheral sides of the mattress (Fig. 1a of Guy) and connect the pairs of corner straps (pair of strips 102 of Guy – paragraph [0025] of Guy) when fitted to the mattress (Fig. 2 of Guy), wherein each pair of corner straps couples to an end of a first connecting strap and an end of a second connecting strap to secure therebetween (Figs. 1a-2 of Guy) and comprises a top corner strap and a bottom corner strap that together define an opening (see annotated copy of Fig. 1b of Guy), and wherein, when fitted to the mattress, the first connecting strap is configured to extend along a first peripheral side of the mattress (Fig. 2 of Guy) and the second connecting strap is configured to extend along a second peripheral side of the mattress that meets the first peripheral side at a corner of the mattress (Fig. 2 of Guy), the top and bottom corner straps are configured to extend from the ends of the first and second connecting straps (see the Examiner’s Note below) over respective top and bottom sides of the mattress between the first and second peripheral sides (Figs. 1-2 of Guy), and the opening is configured to receive the corner of the mattress such that the corner and a least a portion of the top surface and first and second peripheral sides adjacent to the corner extend from the opening (see Fig. 2 of Guy).
Examiner’s Note: The Examiner considers the top and bottom corner straps as extending from the ends of the first and second connecting straps since Guy teaches “ “The fitted skirt, once sewn together along the corner seams, is shaped for fitting closely around the periphery of the mattress, but preferably without tucking beneath the mattress” (Paragraph [0032] of Guy) meaning each horizontal panel includes ends sewn together. The limitation “the top and bottom corner straps as extending from the ends of the first and second connecting straps” is given its broadest reasonable interpretation to mean an end portion. Alternatively, the Examiner notes that forming the side panel of Guy’s fitted skirt out of more than one piece of material sewn together may be considered obvious in view of additional teachings in order to promote different stretching properties.
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Regarding Claim 2: Guy discloses the bed stretching system of Claim 1, further comprising a stretching band configured to be detachably couplable to one of the top corner straps or between two or more of the top corner straps (tensioning element 402 of Fig. 4 of Guy which is indirectly coupled to the corner top straps via connection to the band with the complementary hook and loop fasteners).
Regarding Claim 3: Guy discloses the bed stretching system of Claim 1, wherein the top corner strap and bottom corner strap of at least one of the pairs of corner straps connect to the ends of the respective first and second connecting straps at an angle of 40 - 50 degrees (see paragraph [0025] of Guy which discloses “the spacing of the attachment points of strips 102 from the corners is preferably at least about 15 cm, and most preferably between about 10cm and 40 cm in order to ensure secure fastening to the corners of a mattress.”).
Examiner’s Note: Guy is teaching the same distance for attaching each end of the strips 102 meaning an angle of about 45 degrees would be formed.
Conclusion
Note to the Applicant: The Examiner identifies that a difference between the invention of the current application and that of Guy is that when fitted to the mattress, no portion of the bed stretching system overlaps a vertical edge of the corner of the mattress.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent No. 2,284,778 to Treiber is cited for teaching a sheet holder for a bed comprising straps with an opening receiving a corner of a mattress.
US PG Pub. No. 2014/0075672 to Marcik is cited for teaching a mattress sheet with corner straps.
US Patent No. 5,833,292 to Lyons Jr. is cited for teaching mattress carrying straps for surrounding corners of a mattress.
US Patent No. 5,160,306 to Lui is cited for teaching corner stretching straps for a mattress.
US PG Pub. No. 2022/0079357 to Alletto Jr is cited for teaching a bed sheet with corner straps.
US PG Pub. No. 2013/0074270 to Caruso is cited for teaching a mattress stretching system.
US Patent No. 7,883,453 to Cooper is cited for teaching a mattress stretching exercise strap.
US Patent No. 6,834,651 to Murdock et al. is cited for teaching a strap system for a mattress.
US PG Pub. No. 2020/0375542 to Haggis et al. is cited for teaching a strap system for attaching a sensor to a mattress.
US Patent No. 4,611,804 to Addair is cited for teaching a mattress exercise apparatus.
US Patent No. 9,545,164 to Tulloch is cited for teaching a mattress cover with peripheral strap.
US Patent No. 5,479,664 to Hollander is cited for teaching a mattress cover with corner straps.
US Patent No. 8,505,992 to Aresculeratne et al. is cited for teaching a mattress lifting strap.
US Patent No. 6,085,370 to Lobascio is cited for teaching a mattress carrying device which includes straps.
US Patent No. 5,102,178 to Staats is cited for teaching a mattress carrying device.
US Patent No. 0,799,793 to Kinsella is cited for teaching a package holder with straps positioned around corners.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA L BAILEY whose telephone number is (571)272-8476. The examiner can normally be reached M-F 7:30 AM-4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/AMANDA L BAILEY/Examiner, Art Unit 3673
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