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.
Claims 12-17 are 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.
Claim 12 requires “a plurality of internal barriers extending along outer perimeters of the base layer and the upper layer.” Claims 13 and 15 then discuss regions formed between certain barriers of the plurality of barriers. However, as claimed in claims 13-16, it appears that the internal barriers couldn’t be positioned extending along outer perimeters of the base layer and the upper layer as claimed in 12. The Examiner requests clarification and interprets the claims as if the plurality of internal barriers extending along outer perimeters of the base layer and the upper layer are separate and distinct from further second and third internal barriers that device the continuous internal space into regions (see paragraph [0039] of the original disclosure).
Claims 13-17 depend on claim 12 and are therefore rejected under 35 U.S.C. 112(b) accordingly.
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.
Claim(s) 1-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tar et al. (US PG Pub. No. 2024/0023721- hereinafter Tar) in view of Pearce et al. (US PG Pub. No. 2019/0150632 – hereinafter Pearce) further in view of Ghanei et al. (US PG Pub. No. 2020/0390248 – hereinafter Ghanei).
Regarding Claim 1: Tar discloses an active airflow system (abstract of Tar), comprising: a cushion assembly (abstract of Tar) comprising: a base layer (base layer 20 of Tar); a coil layer (air distribution layer including an array of springs 62 of Tar) disposed over the base layer (Fig. 2 of Tar), the coil layer comprising a plurality of pocketed coils (paragraph [0034] of Tar – “The exemplary springs are individually “pocketed” coils”) arranged in an array and spaced apart (paragraph [0034] of Tar – “Each individually pocketed coil may comprise a spring or coil wrapped or encased within a fabric cover” and “In other embodiments, the rows and columns are arranged so as to be offset from each other, for example forming a checkerboard-like pattern.”), an elastomeric cushioning element disposed over the coil layer (body supporting layer 80 of Tar as described as being an elastomeric foam in paragraph [0028] of Tar) [….] and an air circulation device (air flow unit 90 of Tar) that can direct air to flow through the coil layer (paragraph [0024] of Tar - “With respect to the air flow unit 90, although not expressly shown, the air flow unit 90 includes a fan which provides air flow into the cavity 50 of the air distribution layer 30 by way of the conduit 92.”).
Tar does not disclose each pocketed coil of the plurality of pocketed coils comprises of a coil topper disposed over a coil; the elastomeric cushioning element comprising a plurality of interconnected buckling walls that define a plurality of hollow columns; and an outer covering disposed over the elastomeric cushioning element.
Pearce teaches an elastomeric cushioning element disposed over the coil layer (elastomeric cushioning element 108 of Pearce), the elastomeric cushioning element comprising a plurality of interconnected buckling walls that define a plurality of hollow columns (paragraph [0040] of Pearce - “For example, the entirety of the elastomeric cushioning element 108 may be formed via a single molding process. In some embodiments, the elastomeric cushioning element 108 may include buckling walls 122. The buckling walls 122 of the elastomeric cushioning element 108 may be interconnected to one another and may define hollow columns 124 or voids in an expanded form.”); and an outer covering (outer covering 112 of Pearce) disposed over the elastomeric cushioning element (Fig. 2 of Pearce).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Tar (directed toward a mattress with air circulation) and Pearce (directed toward a mattress with elastomeric layer formed of buckling walls and an outer covering) with a reasonable expectation of success by replacing the elastomeric layer of Tar with a buckling elastomeric layer and adding an outer cover. One having ordinary skill in the art would have been motivated to make such a combination because “The buckling of the buckling walls 102, 104, 106 may relieve pressure in the location of the buckling by decreasing the amount of the load carried by the buckled buckling walls 102, 104, 106 in comparison to the load they would have carried had they been constrained against buckling” (Col. 9, line 23-27 of US Patent No. 8,919,750 – which is incorporated by reference in Pearce paragraph [0041]).
Tar and Pearce do not disclose or make obvious each pocketed coil of the plurality of pocketed coils comprises of a coil topper disposed over a coil.
However, in the same field of endeavor, support cushions with selective heating and cooling (see the abstract of Ghanei), Ghanei teaches an active airflow system (abstract of Ghanei), comprising: a cushion assembly (abstract of Ghanei) comprising: a base layer (base layer 30 of Ghanei); a coil layer (pocketed coil layer 40 of Ghanei) disposed over the base layer (Fig. 2 of Ghanei), the coil layer comprising a plurality of pocketed coils (423 of Ghanei) arranged in an array and spaced apart (see space between each individual spring shown in Fig. 2A of Ghanei), each pocketed coil of the plurality of pocketed coils comprises of a coil topper (foam 610 of Ghanei – paragraph [0024] – “In some embodiments, such as illustrated in FIGS. 5A-B, foam 610 of any variety described herein may also be used within the pockets 615. For example, FIG. 5A illustrates the foam 610 disposed on top of the coil 620; while, FIG. 5B illustrates the foam 610 disposed below the coil.”) disposed over a coil (620 in Fig. 5A of Ghanei); an elastomeric cushioning element disposed over the coil layer (body support layer 20 of Ghanei), [….] and an air circulation device (air flow unit 50 of Ghanei) that can direct air to flow through the coil layer (paragraph [0026] of Ghanei – “In other embodiments, air flowing into the pocketed layer 40 may be conditioned, for example by removing moisture from the air, in order to improve the humidity level of the air nearest where the user contacts the mattress assembly”).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Tar (directed toward a mattress with air circulation), Pearce (directed toward a mattress with elastomeric layer formed of buckling walls and an outer covering) and Ghanei (directed toward a mattress with foam topper within pocketed springs) with a reasonable expectation of success by adding a foamed layer on top of the pocketed springs of Tar as modified by Pearce.
One of ordinary skill in the art would have been motivated to make such a combination because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods (e.g. adding a foam layer atop the coiled springs of Tar) with a reasonable expectation of success and with no change in their respective functions and one of ordinary skill in the art would have recognized that the results of the combination were predictable (e.g. preventing an unwanted spring feel of the coil and adding additional comfort for a user).
Regarding Claim 2: Tar in view of Pearson and Ghanei make obvious the active airflow system of claim 1, wherein the cushion assembly further comprises: an edge portion extending around an outer peripheral edge of the elastomeric cushioning element (edge portion of layer 80 of Tar); and a plurality of side panels (foam rails 140 of Tar – paragraph [0038] of Tar) extending along outer perimeters of the base layer and an upper layer (70 - Figs. 1-5b of Tar), each side panel disposed between the upper layer and the base layer (Figs. 1-5b of Tar).
Regarding Claim 3: Tar in view of Pearson and Ghanei make obvious the active airflow system of claim 2, wherein each side panel of the cushion assembly comprises a substantially impermeable material (coating 144 of as described in paragraph [0038] of Tar – “an outer foam layer 142 and an impermeable or semipermeable coating 144 instead of an inner foam lining”).
Regarding Claim 4: Tar in view of Pearson and Ghanei make obvious the active airflow system of claim 2, wherein the upper layer of the cushion assembly comprises a substantially permeable material (paragraph [0030] of Tar – “In order to further facilitate air flow through the body supporting layer 75, in some embodiments, the insulator layer 70 and the comfort layer 80 are each comprised of a substantially uniform layer of a porous visco-elastic foam.”).
Regarding Claim 5: Tar in view of Pearson and Ghanei make obvious the active airflow system of claim 1, wherein the active airflow system further comprises an air inlet (inlet hole 34 of Tar – Fig. 3) that forms an opening in the base layer of the cushion assembly (Tar – Fig. 3) and is configured to facilitate the directed air flowing between the air circulation device and the coil layer of the cushion assembly (paragraph [0023] and Fig. 2 of Tar).
Regarding Claim 6: Tar in view of Pearson and Ghanei make obvious the active airflow system of claim 5, wherein the active airflow system further comprises an air hose (conduit 92 of Tar) mechanically coupled to the air circulation device and configured to facilitate the directed air flowing between the air circulation device and the air inlet (Fig. 2 and Paragraph [0023] of Tar – “Referring now to FIGS. 1 and 2, the mattress assembly 10 further includes an air flow unit, here shown generally as a box 90, which is operably connected to the inlet hole 34 in the base plate 32 of the air distribution layer 30 by way of a conduit 92”).
Regarding Claim 7: Tar in view of Pearson and Ghanei make obvious the active airflow system of claim 1, wherein the coil layer of the cushion assembly further comprises at least one internal barrier (lining portions 44 positioned on the left and right sides of the intermediate foam rail 346 of Tar being considered first and second internal barriers – Fig. 6), at least one of the at least one internal barrier disposed between the elastomeric cushioning element and the base layer (Figs. 1-6 of Tar).
Regarding Claim 8: Tar in view of Pearson and Ghanei make obvious the active airflow system of claim 7, wherein the at least one internal barrier comprises a first internal barrier and a second internal barrier (lining portions 44 positioned on the left and right sides of the intermediate foam rail 346 of Tar being considered first and second internal barriers – Fig. 6), wherein each of the first and second internal barriers is substantially impermeable to form an isolated airflow region (paragraph [0026] of Tar – “While the outer foam layer 42 may be comprised of a substantially air permeable foam, the inner foam lining 44 is comprised of a foam which is substantially air impermeable.” and see left and right regions shown in Fig. 6 of Tar).
Regarding Claim 10: Tar in view of Pearce and Ghanei make obvious the active airflow system of claim 1, wherein the outer covering is substantially permeable (per the description of the stretch knit fabric forming the covering of Pearce – paragraph [0034] and also see US Ser. No. 15/062621).
Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tar et al. (US PG Pub. No. 2024/0023721- hereinafter Tar) in view of Ghanei et al. (US PG Pub. No. 2020/0390248 – hereinafter Ghanei).
Regarding Claim 11: Tar discloses an active airflow system(abstract of Tar), comprising: a cushion assembly (abstract of Tar) comprising: a base layer (base layer 20 of Tar); a coil layer (air distribution layer including an array of springs 62 of Tar) disposed over the base layer (Fig. 2 of Tar), the coil layer comprising a plurality of pocketed coils (paragraph [0034] of Tar – “The exemplary springs are individually “pocketed” coils”) arranged in an array and spaced apart (paragraph [0034] of Tar – “Each individually pocketed coil may comprise a spring or coil wrapped or encased within a fabric cover” and “In other embodiments, the rows and columns are arranged so as to be offset from each other, for example forming a checkerboard-like pattern.”), [….] a plurality of side panels (foam rails 40 forming outer foam layer 42 of Tar – Fig. 3) integrated with a cushion cover (base plate 32 of Tar – see Fig. 3 which shows plate 32 covering cushion base layer 20) extending along outer perimeters of the base layer and an upper layer (70 - Figs. 1-5b of Tar showing 40 extending along outer perimeters of 70 and 20), each side panel disposed between the upper layer and the base layer (70 - Figs. 1-5b of Tar showing 40 extending between layers 70 and 20); and a single elastomeric cushioning element disposed over the upper layer (comfort layer 80 of Tar); and an air circulation device (air flow unit 90 of Tar) that directs an airflow through at least a part of the coil layer (paragraph [0024] of Tar - “With respect to the air flow unit 90, although not expressly shown, the air flow unit 90 includes a fan which provides air flow into the cavity 50 of the air distribution layer 30 by way of the conduit 92.”).
Tar does not disclose each pocketed coil of the plurality of pocketed coils comprise of a coil topper disposed over a coil.
However, in the same field of endeavor, support cushions with selective heating and cooling (see the abstract of Ghanei), Ghanei teaches each pocketed coil of the plurality of pocketed coils comprises of a coil topper (foam 610 of Ghanei – paragraph [0024] – “In some embodiments, such as illustrated in FIGS. 5A-B, foam 610 of any variety described herein may also be used within the pockets 615. For example, FIG. 5A illustrates the foam 610 disposed on top of the coil 620; while, FIG. 5B illustrates the foam 610 disposed below the coil.”) disposed over a coil (620 in Fig. 5A of Ghanei).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Tar (directed toward a mattress with air circulation) and Ghanei (directed toward a mattress with foam topper within pocketed springs) with a reasonable expectation of success by adding a foamed layer on top of the pocketed springs of Tar.
One of ordinary skill in the art would have been motivated to make such a combination because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods (e.g. adding a foam layer atop the coiled springs of Tar) with a reasonable expectation of success and with no change in their respective functions and one of ordinary skill in the art would have recognized that the results of the combination were predictable (e.g. preventing an unwanted spring feel of the coil and adding additional comfort for a user).
Regarding Claim 12: Tar in view of Ghanei make obvious the active airflow system of claim 11, wherein the coil layer of the cushion assembly further comprises a plurality of internal barriers (foam lining 44 of Tar – Fig. 4 and paragraph [0026]) extending along outer perimeters of the base layer and the upper layer, each internal barrier disposed between the upper layer and the base layer (see at least Figs. 3, 4, 6 of Tar).
Regarding Claim 13: Tar in view of Ghanei make obvious the active airflow system of claim 12, wherein a first internal barrier of the plurality of internal barriers (intermediate foam rail and corresponding liner of Tar – Fig. 6) and a first side panel of the plurality of side panels form a first region of the coil layer (see 344a of Tar defined between one side of 342 and foam rail 346 – Fig. 6).
Regarding Claim 14: Tar in view of Ghanei make obvious the active airflow system of claim 13, wherein the air circulation device directs the airflow through the first region of the coil layer (paragraph [0041] of Tar – “By modifying the number and location of the cavities and support structures positioned across the air distribution layer, air is directed out of the support structures and through the body supporting layer in a predetermined pattern.”).
Regarding Claim 15: Tar in view of Ghanei make obvious the active airflow system of claim 14, wherein a second internal barrier of the plurality of internal barriers (intermediate foam rail and corresponding liner of Tar – Fig. 6) and a third internal barrier of the plurality of internal barriers form a second region of the coil layer (see 344b of Tar defined between one side of 342 and foam rail 346 – Fig. 6).
Note that the Examiner considers the first and second internal barriers to be the liners on the respective left and right sides of barrier 346.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tar et al. (US PG Pub. No. 2024/0023721- hereinafter Tar) in view of Pearce et al. (US PG Pub. No. 2019/0150632 – hereinafter Pearce).
Regarding Claim 18: Tar discloses an active airflow system (abstract of Tar), comprising: a cushion assembly (abstract of Tar) comprising: a base layer; (base layer 20 of Tar); a coil layer (air distribution layer including an array of springs 62 of Tar) disposed over the base layer (Fig. 2 of Tar), the coil layer comprising a plurality of pocketed coils (paragraph [0034] of Tar – “The exemplary springs are individually “pocketed” coils”) arranged in an array and spaced apart (paragraph [0034] of Tar – “Each individually pocketed coil may comprise a spring or coil wrapped or encased within a fabric cover” and “In other embodiments, the rows and columns are arranged so as to be offset from each other, for example forming a checkerboard-like pattern.”), an upper layer (insulator layer 70 of Tar) disposed over the coil layer (Fig. 2 of Tar), the upper layer comprising a foam (claim 12 of Tar – “the insulator layer, the air distribution layer, or both the insulator layer and the air distribution layer are comprised of a visco-elastic foam”) with a plurality of perforations (channels 76 of Tar – paragraph [0027]); an elastomeric cushioning element disposed over the upper layer (paragraph [0028] of Tar - “the comfort layer 80 (i.e., the body supporting layer 75) of the mattress assembly 10 are comprised of a continuous layer of flexible foam for suitably distributing pressure from a user's body or portion thereof across the body supporting layer 75. Such flexible foams include, but are not limited to, latex foam, reticulated or non-reticulated visco-elastic foam (sometimes referred to as memory foam or low-resilience foam), reticulated or non-reticulated non-visco-elastic foam, polyurethane high-resilience foam, expanded polymer foams (e.g., expanded ethylene vinyl acetate, polypropylene, polystyrene, or polyethylene), or any combination thereof.”) […].
Tar does not disclose the elastomeric cushioning element comprising a plurality of interconnected buckling walls that define a plurality of hollow columns; and an outer covering disposed over the elastomeric cushioning element.
Pearce teaches an elastomeric cushioning element disposed over the coil layer (elastomeric cushioning element 108 of Pearce), the elastomeric cushioning element comprising a plurality of interconnected buckling walls that define a plurality of hollow columns (paragraph [0040] of Pearce - “For example, the entirety of the elastomeric cushioning element 108 may be formed via a single molding process. In some embodiments, the elastomeric cushioning element 108 may include buckling walls 122. The buckling walls 122 of the elastomeric cushioning element 108 may be interconnected to one another and may define hollow columns 124 or voids in an expanded form.”); and an outer covering (outer covering 112 of Pearce) disposed over the elastomeric cushioning element (Fig. 2 of Pearce).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Tar (directed toward a mattress with air circulation) and Pearce (directed toward a mattress with elastomeric layer formed of buckling walls and an outer covering) with a reasonable expectation of success by replacing the elastomeric layer of Tar with a buckling elastomeric layer and adding an outer cover. One having ordinary skill in the art would have been motivated to make such a combination because “The buckling of the buckling walls 102, 104, 106 may relieve pressure in the location of the buckling by decreasing the amount of the load carried by the buckled buckling walls 102, 104, 106 in comparison to the load they would have carried had they been constrained against buckling” (Col. 9, line 23-27 of US Patent No. 8,919,750 – which is incorporated by reference in Pearce paragraph [0041])
Regarding Claim 19: Tar in view of Pearce make obvious the active airflow system of claim 18, wherein the upper layer has a thickness and each perforation of the plurality of perforations has a diameter greater than the thickness of the upper layer. Although neither Tar nor Pearch explicitly disclose that the upper layer has a thickness and each perforation of the plurality of perforations has a diameter greater than the thickness of the upper layer. It would have been an obvious matter of design choice to select a larger diameter perforation, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 20: Tar in view of Pearce make obvious the active airflow system of claim 19, wherein the active airflow system further comprises an air circulation device (airflow unit 90 of Tar – Fig. 2) that is configured to direct air to flow through the array of the plurality of pocketed coils of the cushion assembly (Fig. 2 of Tar).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tar et al. (US PG Pub. No. 2024/0023721- hereinafter Tar) in view of Ghanei et al. (US PG Pub. No. 2020/0390248 – hereinafter Ghanei) further in view of Petrovski et al. (US PG Pub. No. 2011/0115635 – hereinafter Petrovski).
Regarding Claim 16: Tar in view of Ghanei and Petrovski makes obvious the active airflow system of claim 15.
As best understood by the Examiner it appears that a different airflow device would be required for reach of the right and left sides of the distribution layer of Tar. However, since Tar does not explicitly disclose this teaching the Examiner does not rely on Tar for the teachings of wherein the active airflow system further comprises a second air circulation device that directs a second airflow through the second region of the coil layer.
In the same field of endeavor, climate controlled mattresses (see the abstract of Petrovski), Petrovski teaches wherein the active airflow system further comprises a second air circulation device that directs a second airflow through the second region of the coil layer (paragraph [0073] of Petrovski – “For example, in FIG. 1 each climate zone 11A-11D comprises one fluid module 20A-20D”)
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Tar (directed toward a mattress with air circulation), Ghanei (directed toward a spring layer with foam toppers), and Petrovski (directed toward a zoned temperature controlled mattress) with a reasonable expectation of success by enabling separate air control and flow to each zone. One having ordinary skill in the art would have been motivated to make such a combination because “Thus, as discussed above, a user can configure a bed assembly 10 to provide varying levels of thermal conditioning to different portions of the bed (e.g., top or head area, midsection area, lower or leg area, etc.), as desired or required” (paragraph [0094] of Petrovski).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tar et al. (US PG Pub. No. 2024/0023721- hereinafter Tar) in view of Ghanei et al. (US PG Pub. No. 2020/0390248 – hereinafter Ghanei) further in view of Petrovski et al. (US PG Pub. No. 2011/0115635 – hereinafter Petrovski) further evidenced by W.F. Lake Corp (NPL Dated 7 April 2021).
Regarding Claim 17: Tar in view of Ghanei and Petrovski make obvious the active airflow system of claim 16. None of Tar in view of Ghanei and Petrovski disclose or make obvious wherein the first region comprises at least one heat-activated material, and wherein heating the first region at or above a heat-set temperature changes a first stitch density of the first region.
However, W.F. Lake Corp teaches that threads have breaking points based on temperature. Therefore, the Examiner considers any thread to be considered a heat-activated material and wherein heating the first region at or above a heat-set temperature changes a first stitch density of the first region (i.e. when a max heat of the thread is reached the thread could break or melt and inherently change the stitch density).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tar et al. (US PG Pub. No. 2024/0023721- hereinafter Tar) in view of Pearce et al. (US PG Pub. No. 2019/0150632 – hereinafter Pearce) further in view of Ghanei et al. (US PG Pub. No. 2020/0390248 – hereinafter Ghanei) further in view of Petrovski et al. (US PG Pub. No. 2011/0115635).
Regarding Claim 9: Tar in view of Pearson and Ghanei make obvious the active airflow system of claim 8. Tar, as modified, discloses “By modifying the number and location of the cavities and support structures positioned across the air distribution layer, air is directed out of the support structures and through the body supporting layer in a predetermined pattern.” As best understood by the Examiner it can be appears that a different airflow device would be required for reach of the right and left sides of the distribution layer. However, since Tar does not explicitly disclose this teaching the Examiner references the teachings of Petrovski.
In the same field of endeavor, climate controlled mattresses (see the abstract of Petrovski), Petrovski teaches wherein a first airflow in a first isolated airflow region is different from a second airflow in a second isolated airflow region (paragraph [0094] of Petrovski - “Further, the area or other portion associated with each occupant (e.g., left side L, right side R, etc.) can include two or more distinct climate zones 11A-11D, allowing an occupant to further customize a heating, cooling, ventilation and/or other climate conditioning scheme according to his or her preferences. Thus, as discussed above, a user can configure a bed assembly 10 to provide varying levels of thermal conditioning to different portions of the bed (e.g., top or head area, midsection area, lower or leg area, etc.), as desired or required.”)
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Tar (directed toward a mattress with air circulation), Pearce (directed toward a mattress with elastomeric layer formed of buckling walls and an outer covering, Ghanei (directed toward a spring layer with foam toppers), and Petrovski (directed toward a zoned temperature controlled mattress) with a reasonable expectation of success by enabling separate air control and flow to each zone. One having ordinary skill in the art would have been motivated to make such a combination because “Thus, as discussed above, a user can configure a bed assembly 10 to provide varying levels of thermal conditioning to different portions of the bed (e.g., top or head area, midsection area, lower or leg area, etc.), as desired or required” (paragraph [0094] of Petrovski).
Claim(s) 10 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Tar et al. (US PG Pub. No. 2024/0023721- hereinafter Tar) in view of Pearce et al. (US PG Pub. No. 2019/0150632 – hereinafter Pearce) further in view of Ghanei et al. (US PG Pub. No. 2020/0390248 – hereinafter Ghanei) further in view of Grutta et al. (US PG Pub. No. 2021/0307527 – hereinafter Grutta).
Regarding Claim 10: Tar in view of Pearce and Ghanei make obvious the active airflow system of claim 1. Grutta further teaches wherein the outer covering is substantially permeable (paragraph [0071] of Grutta – “The cover 70 of the ventilated mattress 10 may be placed over and contain all of the interior elements, or interior components, of the ventilated mattress 10. The cover 70 may comprise a material (e.g., fabrics, etc.) that is permeable to air, which may enable airflow generated by the ventilation system 200 to be communicated to the top 12 of the ventilated mattress 10)”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG Pub. No. 2018/0242753 to Ghanei et al. is cited for teaching a support cushion with temperature controlling functions.
US PG Pub. No. 2020/0390247 is cited for teaching an outer cover of a cushion with apertures formed for breathability.
US Patent No. 5,752,890 to Shishido et al. is cited for teaching a ball with stitching which tightens when heated.
US PG Pub. No. 2003/0234247 to Stern is cited for teaching a temperature regulating bed with chambers defined by partitions 706.
US Patent No. 5,752,890 to ShiShido et al. is cited for teaching threads formed of material which is self shrinking.
US PG Pub. No. 2010/0011502 to Brykalski is cited for teaching a climate controlled bed assembly with zones.
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.
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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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/AMANDA L BAILEY/Examiner, Art Unit 3673
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