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 Objections
Claim 15 is objected to because of the following informalities: Please change “long” in line 3 of the claim to —along—. Appropriate correction is required.
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)(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.
Claim(s) 1, 3, 8-10, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou (CN 103735104).
Regarding Claim 1, Zhou discloses A bedding system, comprising:
a duvet cover having a top panel (top panel in Fig. 1) and a bottom panel (bottom panel in Fig. 2) that are substantially the same size and shape, and defining four corners (see Fig. 1);
the top panel and the bottom panel each having a first end edge and a second end edge opposite the first end edge, a first side edge and a second side edge opposite the first side edge (see Fig. 1);
the first end edge, first side edge, and second side edge of the top panel and first end edge, first side edge, and second side edge of the bottom panel are, respectively, configured to be alternatively and selectively joined together and separated from each other (via 1-12 and 1A-12A);
a filler blanket (Fig. 2) sized to fit between the top panel and the bottom panel of the duvet cover, the filler blanket having a first corner, a second corner, a third corner, and fourth corner, each of the first corner, second corner, third corner and fourth corner having a reinforced opening (1B, 5B, 8B, and 12B) formed therethrough;
a first connector (5/5A) disposed in a first corner of the duvet cover where the first end edge and first side edge meet, a second connector (8/8A) disposed in a second corner of the duvet cover where the first end edge and second side edge meet, a third connector (1/1A) disposed in a third corner of the duvet cover where the second end edge and first side edge meet, and a fourth connector (12/12A) disposed in a fourth corner of the duvet cover where the second end edge and second side edge meet;
wherein each of the first, second, third, and fourth connectors include a connector element disposed in the top panel (5, 8, 1, 12) and a corresponding mating connector element disposed in the bottom panel (5A, 8A, 1A, 12A) that connect together through the respective reinforced opening at the first, second, third, and fourth corners of the filler blanket (see Figs 1 and 2 and “In Fig. 1, 1 to 12 are buttons for easy-to-remove quilt cover, and 1A to 12A are grommets corresponding to the position of each button. In Fig. 2, 1B, 5B, 8B, and 12B are buttonholes corresponding to the four button positions of the four corners 1, 5, 8, and 12 of the easy-to-assemble quilt cover” in English translation).
Regarding Claim 3, Zhou discloses wherein the reinforced opening at each of the first, second, third, and fourth corners of the filler blanket comprises an opening through a grommet (see “grommet” in English translation) positioned at an opening through the filler blanket.
Regarding Claim 8, Zhou discloses a duvet cover and filler blanket system, comprising:
a duvet cover having a top panel (top panel in Fig. 1) and a bottom panel (bottom panel in Fig. 2);
a filler blanket (Fig. 2) configured to fit between the top panel and the bottom panel, the filler blanket having a plurality of reinforced openings (1B, 5B, 8B, 12B); and
a plurality of connectors (1-12), each connector of the plurality of connectors configured to pass through a respective one of the plurality of reinforced openings of the filler blanket and thereby hold the filler blanket in place between the top panel and the bottom panel (see Fig. 1).
Regarding Claim 9, Zhou discloses wherein at least some of the plurality of connectors are disposed at corners of the duvet cover and filler blanket and at least some of the reinforced openings are loops of material at each corner of the filler blanket (see Fig. 2).
Regarding Claim 10, see claim 3 rejection above.
Regarding Claim 14, Zhou discloses wherein the top panel and the bottom panel are integrally joined together along a common edge (line “DZ”).
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) 2, 4-6, and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 103735104) in view of Official Notice.
Regarding Claim 2, Zhou fails to disclose wherein the reinforced opening at each of the first, second, third, and fourth corners of the filler blanket comprises stitching around an opening through the filler blanket. Examiner takes Official Notice that stitching around an opening is well-known within the art (see e.g. US 7,111,345 Figs. 3 and 4). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the openings of Zhou with the stitching as required by Claim 2. The motivation would have been to further protect the rims of the openings.
Regarding Claim 3, Examiner takes Official Notice that grommets positioned at openings are well-known within the art (see e.g. CA 3002360,para. [0026]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the openings of Zhou with the grommets as required by Clam 3. The motivation would have been to further protect the rims of the openings.
Regarding Claims 4-6 and 11-13, Zhou fails to disclose wherein the first, second, third, and fourth connectors are snap button connectors, wherein the first, second, third, and fourth connectors are hook and loop connectors, or wherein the first, second, third, and fourth connectors are bar and loop connectors. Examiner takes Official Notice that each of these connector-types are well-known within the art. See Jung (US 2022/0202211) in para. [0009] describing the interchangeability of “a button and a buttonhole, a button and a ring, a fastening ring and a fastening strap, a pair of snap buttons, male and female Velcro, and a first polarity magnet and a second polarity magnet”. Also see Dixon (GB 2415371) for an example of bar and loop connectors. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the button/button holes of the top and bottom panels of Zhou with any of the connectors as required by each of Claims 4-6 and 11-13, since this would be simply substituting one known item (buttons/button holes) for another (snaps, hook/loop connectors, bar/loop connectors) to obtain predictable results (securing the top and bottom panels together). See MPEP 2143(I)(B).
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 103735104) in view of Wang (CN 201189038)
Regarding Claim 15, Zhou discloses wherein the common edge is a first edge. Zhou fails to disclose that the top and bottom panels each have second, third, and fourth edges are joinable together by separate zipper elements along each of the second, third, and fourth edges. Wang teaches top (1) and bottom (6) panels each have second, third, and fourth edges joinable together by separate zipper elements (2) along each of the second, third, and fourth edges (see Fig 1). Zhou and Wang are analogous art because they are from the same field of endeavor, i.e. duvets. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the top and bottom panel of Zhou with the zipper(s) of Wang. The motivation would have been to firmly enclose the filler blanket within the cover, thus further protecting the filler blanket from soils.
Regarding Claim 16, Zhou as modified by Wang teaches a duvet cover and filler blanket system, comprising:
a duvet cover having a top panel (Zhou: top panel in Fig. 1) and a bottom panel (Zhou: bottom panel in Fig. 1), wherein the top panel is configured to lay over the bottom panel thereby defining a first end edge, a second end edge opposite the first end edge, a first side edge, and a second side edge opposite the first side edge, wherein the top panel and bottom panel are integrally joined together along the second end edge (Zhou: see Fig. 1), a first end edge zipper configured to selectively join and separate the top panel and the bottom panel along the first end edge, a first side edge zipper configured to selectively join and separate the top panel and the bottom panel along the first side edge, and a second side edge zipper configured to selectively join and separate the top panel and the bottom panel along the second side edge (Wang: see claim 15 rejection);
a filler blanket (Zhou: Fig. 2) configured to fit between the top panel and the bottom panel and having a plurality of reinforced openings (Zhou: 1B, 5B, 8B, 12B) through the filler blanket; and
a plurality of connectors (Zhou: 1, 5, 8, 12) that are each configured to pass through a respective one of the plurality of reinforced openings of the filler blanket and thereby hold the filler blanket in place between the top panel and the bottom panel.
Regarding Claim 17-19, see Claims 4-6 and 11-13 rejections above
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 103735104) and Wang (CN 201189038) as applied to claim 16 above, and further in view of Fravel (US 2020/0060447).
Regarding Claim 20, Zhou fails to disclose wherein each reinforced opening of the plurality of reinforced openings comprises a loop attached to the filler blanket. Fravel teaches wherein each reinforced opening of a plurality of reinforced openings comprises a loop (103, see Fig. 5) attached to a filler blanket (102). Zhou and Fravel are analogous art because they are from the same field of endeavor, i.e. duvets It would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the holes of filler blanket of Zhou with a loop attached to the filler blanket, since this would be simply substituting one known item (button holes) for another (loops) to obtain predictable results (securing the top and bottom panels through the filler blanket). See MPEP 2143(I)(B).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 7 pertains to allowable subject matter previously identified in parent application 18/087,997.
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.
Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-10 of U.S. Patent No. 12,520,959. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent are more specific than those of the instant application. A species anticipates a genus.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/ Primary Examiner, Art Unit 3619
