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 § 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) 1-5 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woolfson (US Patent Application Publication 20210186227) in view of Kaiser (US Patent Application Publication 20120198804) further in view of Reele (US Patent 10960238).
Regarding claim 1, Woolfson teaches an infection control filter label, comprising: a frame (Figure 2; 16) with a window therethrough; and a filter membrane (Figure 2; 13) extending across the window, the filter membrane being impervious to infectious agents (Paragraph 49). Woolfson does not specifically teach a lower surface of the frame the frame including a lower surface carrying a releasable adhesive material and an upper surface comprising a label. Kaiser teaches the frame upper surface comprising a label (Figure 2; 160, 164). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and arrived at a cushion cover including a filter with a two layer frame including labels . One of ordinary skill in the art would have been motivated to make such a combination “to record data such as the date installed and replacement date for the air filter.” as taught in Kaiser (Paragraph 12). Woolfson and Kaiser do not teach the attachment lower surface of the filter label carrying a releasable adhesive material. Reele teaches the attachment lower surface of the filter label (Figure 15; 20) carrying a releasable adhesive material (Figure 15; 24). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and arrived at a cushion cover including a filter with a two layer frame including labels, which is attachable to an opening via adhesive. One of ordinary skill in the art would have been motivated to make such a combination so that the filters may be replaceable (Column 4; line 32- 33 of Reele).
Regarding claim 2, Woolfson does not teach the frame includes a plurality of layers between which an outer periphery of the filter membrane is located. Kaiser teaches the frame includes a plurality of layers between which an outer periphery of the filter membrane is located (Figure 3; 115 and 116 are layers of the frame between when an outer periphery of filter membrane 132 is located (see also Figure 2)). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and arrived at a cushion cover including a filter with a two layer frame including labels . One of ordinary skill in the art would have been motivated to make such a combination “to record data such as the date installed and replacement date for the air filter.” as taught in Kaiser (Paragraph 12) and also to “position and maintain” the filter sheets within the frame (Kaiser Paragraph 26).
Regarding claim 3, Woolfson teaches at least one support layer (Figure 2; 15) superimposed with the filter membrane.
Regarding claim 4, Woolfson does not teach an adhesive liner temporarily protecting the releasable adhesive material on the lower surface of the frame and a lower surface of the filter membrane. Reele teaches an adhesive liner temporarily (Figure 15; 58) protecting the releasable adhesive material (Figure 15; 24) on the lower surface of the frame and a lower surface of the filter membrane (Figure 15; 20). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and arrived at a cushion cover including a filter with a two layer frame including labels, which is attachable to an opening via adhesive. One of ordinary skill in the art would have been motivated to make such a combination so that the filters may be replaceable (Column 4; line 32-33 of Reele).
Regarding claim 5, Woolfson does not teach a protective cover over and temporarily protecting an upper surface of the filter membrane, an outer periphery of a lower surface of the protective cover releasably secured to an inner periphery of the upper surface of the frame. Kaiser teaches a protective cover (Figure 2; 131 temporarily covers filter membrane 132, until such time as it is peeled off via tab 150, see also Paragraph 32) over and temporarily protecting an upper surface of the filter membrane, an outer periphery of a lower surface of the protective cover releasably secured to an inner periphery of the upper surface of the frame (Paragraphs 26 and 32 describe that the filter sheet 131 is secured within outer frame 110, including top frame portion, as is also shown in Figure 3, and that when the pull tab is pulled, the sheet is dislodged from the housing. The outer periphery of the sheet, including the lower surface, is thus releasably secured to and by the inner periphery of the upper surface of the frame (the portion shown at the top around the edges of the sheets, where 110 is marked in Figure 2, is the inner periphery of the upper surface of the frame)(Examiner further notes that the lower surface of the frame would be at the bottom underneath the sheets, for example next to where 133 is marked in Figure 4), via at least friction/tension fitting.). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels and multiple layers) and arrived at a cushion cover including a filter with a two layer frame including labels and multiple layers. One of ordinary skill in the art would have been motivated to make such a combination “to record data such as the date installed and replacement date for the air filter.” as taught in Kaiser (Paragraph 12) and because including multiple layers “allows for a longer life air filter, that is more easily maintained and served” (Kaiser Paragraph 11).
Regarding claim 7, Woolfson teaches the filter membrane has a pore size of 0.2 micron to 4 microns (Claim 13).
Regarding claim 8, Woolfson teaches the filter membrane has a pore size of 0.5 micron to 4 microns (Claim 13). Examiner notes where the range of article sizes disclosed in the prior art envelopes the recited range, and there is no showing of criticality of the recited range, such recited range would have been one of ordinary skill in the art. In re Reven, 390 F.2d 997, 156 USPQ 679 (CCPA 1968).
Regarding claim 9, Woolfson teaches the filter membrane has a pore size of 1 micron to 4 microns (Claim 13). Examiner notes where the range of article sizes disclosed in the prior art envelopes the recited range, and there is no showing of criticality of the recited range, such recited range would have been one of ordinary skill in the art. In re Reven, 390 F.2d 997, 156 USPQ 679 (CCPA 1968).
Regarding claim 10, Woolfson teaches the filter membrane has a pore size of 2 microns to 4 microns (Paragraph 28).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woolfson (US Patent Application Publication 20210186227) in view of Kaiser (US Patent Application Publication 20120198804) further in view of Reele (US Patent 10960238) in view of Tsubouchi (US Patent Application Publication 20200239740).
Regarding claim 6, Woolfson does not teach the adhesive material provides a water- resistant seal against a substrate. Tsubouchi teaches the adhesive material provides a water- resistant seal against a substrate (Paragraph 39). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and Tsubouchi (directed to a double sided tape with a waterproof adhesive) and arrived at a cushion cover including a filter with a two layer frame including labels, which is attachable to an opening via adhesive which is waterproof. One of ordinary skill in the art would have been motivated to make such a combination in order to prevent water and dust from passing through the adhesive (Tsubouchi Paragraph 39).
Claim(s) 11-14 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woolfson (US Patent Application Publication 20210186227) in view of Kaiser (US Patent Application Publication 20120198804) further in view of Reele (US Patent 10960238) further in view of Salamone (US Patent 8263720).
Regarding claim 11, Woolfson teaches a sealed cover (Figure 1; 11) for a cushion, comprising: a material that is impervious to infectious agents defining an exterior of a cover and an interior of the cover (Paragraphs 45-47); an opening (Figure 1; 14) extending through the material to enable communication between the exterior and the interior; and a filter (Figure 2; 13, 15, 16) removably positioned over the opening to seal the cover and including: a frame (Figure 2; 16) with a window therethrough, the frame including a lower surface securing the frame to the impermeable material (Paragraph 35) and an upper surface, and a filter membrane (Figure 2; 13) extending across the window, the filter membrane and the releasable adhesive material being impervious to infectious agents while allowing gases to pass therethrough (Paragraph 49). Woolfson does not teach the frame including a lower surface carrying a releasable adhesive material securing the frame to the impermeable material and an upper surface comprising a label; the releasable adhesive material being impervious to infectious agents. Kaiser teaches the frame upper surface comprising a label (Figure 2; 160, 164). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and arrived at a cushion cover including a filter with a two layer frame including labels . One of ordinary skill in the art would have been motivated to make such a combination “to record data such as the date installed and replacement date for the air filter.” as taught in Kaiser (Paragraph 12). Woolfson and Kaiser do not teach the frame including a lower surface carrying a releasable adhesive material securing the frame to the impermeable material, and the releasable adhesive material being impervious to infectious agents. Reele teaches the frame including a lower surface carrying a releasable adhesive material (Figure 15; 24) securing the frame to the material (Figure 13; 2). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and arrived at a cushion cover including a filter with a two layer frame including labels, which is attachable to an opening via adhesive. One of ordinary skill in the art would have been motivated to make such a combination so that the filters may be replaceable (Column 4; line 32-33 of Reele). Woolfson in view of Kaiser and Reele does not teach do not teach the releasable adhesive material being impervious to infectious agents. Salamone teaches the releasable adhesive material being impervious to infectious agents (See Column 13; lines 41-62; Column 14; lines 33-57; and Column 5; lines 30-35). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and Salamone (directed to an antimicrobial and waterproof adhesive) and arrived at a cushion cover, including a filter with a two layer frame including labels, which is attachable to an opening via antimicrobial and waterproof adhesive. One of ordinary skill in the art would have been motivated to make such a combination to provide “an easily removed antimicrobial coating on surfaces” (Salamone Column 14; lines 41-43).
Regarding claim 12, Woolfson teaches the filter membrane further provide a water- resistant barrier to the opening (Paragraph 35 “orientation of the filter medium 12 is such that the filter membrane/waterproof layer is facing outwards”). Woolfson does not teach the releaseable adhesive material further provides a water-resistant barrier to the opening. Salamone teaches the releaseable adhesive material further provide a water-resistant barrier to the opening (Column 5; lines 30-35). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and and Salamone (directed to an antimicrobial and waterproof adhesive) and arrived at a cushion cover, including a filter with a two layer frame including labels, which is attachable to an opening via antimicrobial and waterproof adhesive. One of ordinary skill in the art would have been motivated to make such a combination to provide “an easily removed antimicrobial coating on surfaces” (Salamone Column 14; lines 41-43).
Regarding claim 13, Woolfson does not teach the label bears customized information about the cushion. Kaiser teaches the label bears customized information about the cushion (Figure 2; the labels 160 and 164 include customized information about when the air filter was installed and when it should be replaced, thus it includes customized information pertaining to the contaminant level within the cushion when applied to Woolfson). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and arrived at a cushion cover including a filter with a two layer frame including labels . One of ordinary skill in the art would have been motivated to make such a combination “to record data such as the date installed and replacement date for the air filter.” as taught in Kaiser (Paragraph 12).
Regarding claim 14, Woolfson teaches the filter prevents dust from entering into the interior of the cover (Paragraphs 49, 70, the filter would prevent dust from entering).
Regarding claim 16, Woolfson teaches at least one impermeable seam (Paragraph 65).
Regarding claim 17, Woolfson teaches a cushion, comprising: a sealed cover with an exterior and an interior and including: a material (Figure 2; 11) that is impervious to infectious agents (Paragraph 49) defining the exterior and the interior; an opening (Figure 2; 14) extending through the material to enable communication between the exterior and the interior; and a filter removably positioned over the opening and including: a frame (Figure 2; 16) with a window therethrough, the frame including a lower surface securing the frame to the material of the sealed cover (Paragraphs 35 and 53) and an upper surface; and a filter membrane (Figure 2; 13) extending across the window, the filter membrane being impervious to infectious agents over the opening of the sealed cover (Paragraph 49); and a cushioning element within the interior of the sealed cover (Paragraph 88). Woolfson does not specifically the frame including a lower surface carrying a releasable adhesive material securing the frame to the impermeable material, the upper surface of the frame comprising a label, the releasable adhesive material being impervious to infectious agents over the opening of the sealed cover. Kaiser teaches the frame upper surface comprising a label (Figure 2; 160, 164). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and arrived at a cushion cover including a filter with a two layer frame including labels . One of ordinary skill in the art would have been motivated to make such a combination “to record data such as the date installed and replacement date for the air filter.” as taught in Kaiser (Paragraph 12). Woolfson and Kaiser do not teach the frame including a lower surface carrying a releasable adhesive material securing the frame to the impermeable material, and the releasable adhesive material being impervious to infectious agents over the opening of the sealed cover. Reele teaches the frame including a lower surface carrying a releasable adhesive material (Figure 15; 24) securing the frame to the material (Figure 13; 2). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and arrived at a cushion cover including a filter with a two layer frame including labels, which is attachable to an opening via adhesive. One of ordinary skill in the art would have been motivated to make such a combination so that the filters may be replaceable (Column 4; line 32-33 of Reele). Woolfson in view of Kaiser and Reele does not teach do not teach the releasable adhesive material being impervious to infectious agents over the opening of the sealed cover. Salamone teaches the releasable adhesive material being impervious to infectious agents (See Column 13; lines 41-62; Column 14; lines 33-57; and Column 5; lines 30-35) over the opening of the sealed cover. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and Salamone (directed to an antimicrobial and waterproof adhesive) and arrived at a cushion cover, including a filter with a two layer frame including labels, which is attachable to an opening via antimicrobial and waterproof adhesive. One of ordinary skill in the art would have been motivated to make such a combination to provide “an easily removed antimicrobial coating on surfaces” (Salamone Column 14; lines 41-43).
Regarding claim 18, Woolfson teaches the cushioning element comprises a pillow, a mattress topper, a mattress, or a seat cushion (Paragraph 88).
Regarding claim 19, Woolfson teaches the filter membrane further prevent dust particles from entering into the interior of the sealed cushion (Paragraph 28, with a pore size small enough to bar entry to microbes, it will also prevent dust particles from entering). Woolfson does not teach the releasable adhesive material further prevent dust particles from entering into the interior of the sealed cushion. Reele teaches the releasable adhesive material further prevent dust particles from entering into the interior of the sealed cushion (Figure 15, 24, being an adhesive material, the material will catch at least some dust with its sticky qualities and prevent that dust from entering the interior). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and arrived at a cushion cover including a filter with a two layer frame including labels, which is attachable to an opening via adhesive. One of ordinary skill in the art would have been motivated to make such a combination so that the filters may be replaceable (Column 4; line 32-33 of Reele).
Claim(s) 11-14 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woolfson (US Patent Application Publication 20210186227) in view of Kaiser (US Patent Application Publication 20120198804) further in view of Reele (US Patent 10960238) further in view of Salamone (US Patent 8263720) in view of Conway (US Patent Application Publication 20180279798).
Regarding claim 15, Woolfson does not teach the cover has a level three classification or a level four classification under ANSI/AAMI PB70 liquid barrier performance specifications. Conway teaches the cover has a level three classification or a level four classification under ANSI/AAMI PB70 liquid barrier performance specifications (Paragraphs 48-50). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and Salamone (directed to an antimicrobial and waterproof adhesive) and Conway (directed to an antimicrobial mattress cover with a level four classification under ANSI/AAMI PB7O) and arrived at a cushion cover, with a level four classification under ANSI/AAMI PB7O, including a filter with a two layer frame including labels, which is attachable to an opening via antimicrobial and waterproof adhesive. One of ordinary skill in the art would have been motivated to make such a combination so that “the cover material has a small enough pore200 size to allow moisture vapor thorough but is not large enough to allow liquids or viruses through and cause contamination” (Conway Paragraph 50).
Regarding claim 20, Woolfson does not teach the cover has a level three classification or a level four classification under ANSI/AAMI PB70 liquid barrier performance specifications. Conway teaches the cover has a level three classification or a level four classification under ANSI/AAMI PB70 liquid barrier performance specifications (Paragraphs 48-50). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Woolfson (directed to a cushion cover including a filter with a frame) and Kaiser (directed to a filter with a two layered frame including labels) and Reele (directed to a filter attachable to an opening via adhesive) and Salamone (directed to an antimicrobial and waterproof adhesive) and Conway (directed to an antimicrobial mattress cover with a level four classification under ANSI/AAMI PB7O) and arrived at a cushion cover, with a level four classification under ANSI/AAMI PB7O, including a filter with a two layer frame including labels, which is attachable to an opening via antimicrobial and waterproof adhesive. One of ordinary skill in the art would have been motivated to make such a combination so that “the cover material has a small enough pore200 size to allow moisture vapor thorough but is not large enough to allow liquids or viruses through and cause contamination” (Conway Paragraph 50).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN J MCCLURE whose telephone number is (571)270-0362. The examiner can normally be reached Tuesdays 12pm-10pm and Thursdays 12pm-10pm.
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/MORGAN J MCCLURE/Examiner, Art Unit 3673
