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)(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, 5-12 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 20070083995 issued to Purdy.
Regarding claim 1,
Purdy discloses a moldable pad assembly for supporting a body part; (Purdy: [0106]) said moldable pad assembly comprising a moldable pad, wherein said moldable pad comprises an outer shell enclosing a fluidized medium; (Purdy: FIGS. 15A (401) see [0107] “ Inner layer 401 can be a bladder filled with composition 12 which can retain its shape after sculpting. Composition 12 refers to a compound or composition which can be sculpted and retain its shape and has no memory or substantially no memory.” ) said outer shell having a top surface facing said body part, (Purdy: [0107] “Inner layer 401 is positioned adjacent the infant.”) and an opposing bottom surface (Purdy: FIG. 15A, see [0109] “Outer layer 408 is adjacent to or coupled to inner layer 401”) characterized in that said moldable pad assembly further comprises a cover detachably attached to said outer shell of said moldable pad, (Purdy: FIG. 15A, (403) see also [0108] “For example, cover 403 can be attached with hook and loop material 406 to inner layer 401”) wherein said cover is arranged to enclose at least said top surface (of said outer shell during use. (Purdy: FIG. 15A, top plan view showing the cover 403 in partial break-away overlying inner layer 401 and compartments 402, inner layer 401 being the layer positioned adjacent the infant)
Regarding claim 5,
Purdy discloses the moldable pad assembly according to claim1,wherein said moldable pad has no shape memory. (Purdy: [0107] “ Inner layer 401 can be a bladder filled with composition 12 which can retain its shape after sculpting. Composition 12 refers to a compound or composition which can be sculpted and retain its shape and has no memory or substantially no memory.” )
Regarding claim 6,
Purdy discloses the moldable pad assembly according to claim1,wherein said fluidized medium comprises a viscous fluid and a plurality of microparticles. (Purdy: [0107] and claim 63)
Regarding claims 7-12, 14 and 15,
Where a claim limitation is directed to printed matter that limitation is entitled to no patentable weight unless it bears a functional relationship to the substrate on which it appears. (MPEP 211.05) A functional relationship requires that the information alter or interact with the structure; information whose only effect is to be read and acted upon by a human user does not qualify.
Claims 7-12 and 14-15 recite coding that convey information or instructions i.e. printed matter. None of these claims are regarded as having patentable weight.
Regarding claim 13,
Purdy discloses a kit comprising a moldable pad for supporting a body part; (Purdy: [0106]) wherein said moldable pad comprises an outer shell enclosing a fluidized medium; (Purdy: FIGS. 15A (401) see [0107] “ Inner layer 401 can be a bladder filled with composition 12 which can retain its shape after sculpting. Composition 12 refers to a compound or composition which can be sculpted and retain its shape and has no memory or substantially no memory.” ) said outer shell having a top surface facing said body part, (Purdy: [0107] “Inner layer 401 is positioned adjacent the infant.”) and an opposing bottom surface (Purdy: FIG. 15A, see [0109] “Outer layer 408 is adjacent to or coupled to inner layer 401”) wherein said kit further comprises a cover configured to be detachably attached to said outer shell of said moldable pad, (Purdy: FIG. 15A, (403) see also [0108] “For example, cover 403 can be attached with hook and loop material 406 to inner layer 401”) and is arranged to enclose at least said top surface (of said outer shell during use. (Purdy: FIG. 15A, top plan view showing the cover 403 in partial break-away overlying inner layer 401 and compartments 402, inner layer 401 being the layer positioned adjacent the infant)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Purdy in view of U.S. Patent No. 5664831 issued to White.
Regarding claim 2,
Purdy discloses the moldable pad assembly according to claim 1.
Purdy does not appear to disclose wherein said cover is defined by peripheral edges and comprises closure means adjacent said peripheral edges; said closure means being an elastic string or a drawstring, which allows said cover to adopt a hemispherical shape enclosing said top surface and at least a portion of said bottom surface of said outer shell of said moldable pad during use.
However, White discloses wherein said cover is defined by peripheral edges and comprises closure means adjacent said peripheral edges; (White: col. 5 “This seat cushion covering portion 32 is preferably formed from a body of material or fabric, and is substantially surrounded by a cinching element 34, which controls the effective peripheral dimension of the seat cushion covering portion. In a preferred form of the invention, the cinching element 34 is in the form of an elastic band which is secured to the periphery of the seat cushion covering portion 32 while the band is in an extended or stretched condition.”) said closure means being an elastic string or a drawstring, which allows said cover to adopt a hemispherical shape (White: col. 6 “While the preferred cinching element 34 is an elastic band, it is noted that other similar types of conventional cinching means such as drawstrings or the like can be used to reduce the effective periphery of the seat cushion covering portion 32, in order to secure it around a seat cushion in a manner discussed further herein.” See also col. 6 “In this way, when the band is allowed to relax and return to an unstretched condition, it cinches the periphery of the seat cushion covering portion 32 in a manner similar to a shower cap.”) enclosing said top surface and at least a portion of said bottom surface of said outer shell of said moldable pad during use. (White: col. 8 The cinched periphery “has a natural tendency to withdraw beneath the seat cushions 18a, 18b, and into the crevices 20, 22, 24” “because the cinching element 34 cinches the seat cushion covering portion 32 beneath the seat cushion(s) 18a, 18b of the item of furniture, the seat cushion is securely and neatly covered”)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to provide the cover 403 of Purdy with the elastic or drawstring peripheral cinching element of White. A PHOSITA would have been motivated to do so since the cinching element maintains the cover’s position on a compressible cushion during use and preserves its appearance when the cushion is compressed.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Purdy in view of U.S. Patent No. 6145143 issued to Hicks.
Regarding claim 3,
Purdy discloses the moldable pad assembly according to claim 1.
Purdy does not appear to disclose wherein said cover comprises a breathable material.
However, Hicks discloses wherein said cover comprises a breathable material. (Hicks: col. 12 lines 15-20 “The top 37 and bottom sheet 38 are preferably made of a water proof but moisture vapor permeable fabric material. One such suitable fabric material is the fabric commonly sold under the trademark GORE-TEX, described in more detail above.” Wherein Gore-Tex is breathable material)
It would have been obvious for a PHOSITA before the effective filing date to form the cover of Purdy from a breathable material as taught by Hicks. A PHOSITA would have been motivated to do so that moisture accumulation between the patient’s skin id minimal allowing it to escape and to avoid incidents of SIDS.
Claim 4 is rejected under 35 U.S.C. 1033 as being unpatentable over Purdy in view of U.S. Patent No. 7120952 issued to Bass.
Regarding claim 4,
Purdy discloses the moldable pad assembly according to claim 1.
Purdy does not appear to disclose wherein said cover (104) comprises a top layer and a bottom layer, and wherein at least one of said top and bottom layers is absorbent.
However, Bass discloses wherein said cover (104) comprises a top layer and a bottom layer, and wherein at least one of said top and bottom layers is absorbent. (Bass: claim 1; FIGS. 3-4, see also col. 9 “While sheet 3 is shown covering the protective device 10, it would functionally be a matter of choice since the protective device 10 has an absorbent fibrous material 20, such as cotton, facing the user. The first layer 20 is secured to the second layer 22 forming a substantially unitary article.”)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to construct the cover of Purdy as a bonded 2 layer element having an absorbent patient facing layer and a fluid impervious inner layer as taught by Bass. A PHOSITA would have been motivated to make this combination so that the covered article is protected from soiling while also presenting a soft absorbent surface to the user.
Claims 7-12 are rejected under 35 U.S.C. 1033 as being unpatentable over Purdy in view of U.S. Publication No. 20150182042 issued to Jensen.
Regarding claim 7,
Purdy discloses the moldable pad assembly of claim 1.
Purdy does not appear to disclose wherein said cover comprises at least one product identifying marking associated with the moldable pad.
However, Jensen discloses wherein said cover comprises at least one product identifying marking associated with the moldable pad. (Jensen: FIGS. 1-2 (80) see [0055] “Regardless of the type or location of the indicia, as noted, the indicia is preferably used to indicate a characteristic of the particular mattress that is covered by the cover assembly of the present invention.”)
It would have been obvious for a PHOSITA the art before the effective filing date of the claimed invention to modify Purdy by adding indicia as taught in Jensen since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of “indicating a characteristic of the particular mattress that is covered by the cover assembly” without having to remove the cover.
Regarding claim 8,
Purdy in view of Jensen discloses the moldable pad assembly according claim 7, wherein said at least one product identifying marking is formed by a print pattern, a weld pattern, a compressed pattern, an embossed pattern, a material deposition pattern, or combinations thereof. (Jensen: [0054] “As another example, the cover assembly 110 shown in FIGS. 7-8 includes an indicia in the form of sets of overlapping circles 180 on the top surface 42 of the second cover 40 and multiple rows of geometric shapes 181 that are embossed or debossed into both the foot panel 134 of the first cover 120 and the opposing side panels 136, 138 of the first cover 120 only one of which is shown in FIGS. 7-8.”)
Regarding claim 9,
Purdy in view of Jensen discloses the moldable pad assembly according to claim 7, wherein said at least one product identifying marking is a graphical element and/or a text element. (Jensen: interlocking circle pattern 80; sets of overlapping circles 180; two series of curved lines 380; groupings of joined circles 480, 580, 680 each a graphical element)
Regarding claim 10,
Purdy in view of Jensen discloses the moldable pad assembly according to claim 9, wherein said at least one product identifying marking is a graphical element selected from a symbol, a figure, a pictorial representation, or an image. (Jensen: a plurality of randomly-sized circles 280 designated to indicate a cushion comprising an air bladder 270 surrounded by a foam layer 271; multiple rows of embossed circles 482, 582, 682 designated to indicate the number of internal foam layers)
Regarding claim 11,
Purdy in view of Jensen discloses the moldable pad assembly according to claim 1, wherein said cover comprises a color-coded portion; said color-coded portion being indicative of a specific moldable pad category. (Jensen: FIG. 14 (381) see [0057] “Referring still to FIG. 14, in addition to the two series of curved lines 380 applied to the second cover 340 and the color applied to the first cover 320, the second cover of the cover assembly 310 further includes a dot 381 positioned on the top surface 342 of the second cover 342. The dot 381 has a color that is substantially identical to the color applied to the first cover 320, such that both the second cover 342 and the first cover 320 include substantially the same indicia for identifying the characteristic of the mattress.”)
Regarding claim 12,
Purdy in view of Jensen discloses the moldable pad assembly according to claim 7, wherein said outer shell of said moldable pad comprises at least one second product identifying marking correlating with said at least one product identifying marking of said cover. (Jensen: FIG. 14 (381) see [0057] “Referring still to FIG. 14, in addition to the two series of curved lines 380 applied to the second cover 340 and the color applied to the first cover 320, the second cover of the cover assembly 310 further includes a dot 381 positioned on the top surface 342 of the second cover 342. The dot 381 has a color that is substantially identical to the color applied to the first cover 320, such that both the second cover 342 and the first cover 320 include substantially the same indicia for identifying the characteristic of the mattress.” See also [0062] “cover assemblies 410, 510, 610 are provided that include multiple indicia that are each indicative of a separate characteristic of a mattress.”)
Regarding claim 7,
Purdy discloses the kit according to claim 13.
Purdy does not appear to disclose wherein said cover comprises at least one product identifying marking associated with the moldable pad.
However, Jensen discloses wherein said cover comprises at least one product identifying marking associated with the moldable pad. (Jensen: FIGS. 1-2 (80) see [0055] “Regardless of the type or location of the indicia, as noted, the indicia is preferably used to indicate a characteristic of the particular mattress that is covered by the cover assembly of the present invention.”)
It would have been obvious for a PHOSITA the art before the effective filing date of the claimed invention to modify Purdy by adding indicia as taught in Jensen since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of “indicating a characteristic of the particular mattress that is covered by the cover assembly” without having to remove the cover.
Regarding claim 13,
Purdy discloses a kit comprising a moldable pad for supporting a body part; (Purdy: [0106]) wherein said moldable pad comprises an outer shell enclosing a fluidized medium; (Purdy: FIGS. 15A (401) see [0107] “ Inner layer 401 can be a bladder filled with composition 12 which can retain its shape after sculpting. Composition 12 refers to a compound or composition which can be sculpted and retain its shape and has no memory or substantially no memory.” ) said outer shell having a top surface facing said body part, (Purdy: [0107] “Inner layer 401 is positioned adjacent the infant.”) and an opposing bottom surface (Purdy: FIG. 15A, see [0109] “Outer layer 408 is adjacent to or coupled to inner layer 401”) wherein said kit further comprises a cover configured to be detachably attached to said outer shell of said moldable pad, (Purdy: FIG. 15A, (403) see also [0108] “For example, cover 403 can be attached with hook and loop material 406 to inner layer 401”) and is arranged to enclose at least said top surface (of said outer shell during use. (Purdy: FIG. 15A, top plan view showing the cover 403 in partial break-away overlying inner layer 401 and compartments 402, inner layer 401 being the layer positioned adjacent the infant)
Claims 15 is rejected under 35 U.S.C. 1033 as being unpatentable over Purdy in view of U.S. Publication No. 20150182042 issued to Jensen further in view of U.S. Patent No. 5931304 issued to Hammond.
Regarding claim 15,
Purdy discloses the kit according to claim 14.
Purdy does not appear to disclose further comprising an instructional sheet; said instructional sheet comprising a plurality of product identifying markings corresponding to said at least one product identifying marking (106a,106b) of said cover (104), wherein said plurality of product identifying markings of said instructional sheet indicate the correct use or application of said moldable pad and said cover (104).
However, Hammond discloses comprising an instructional sheet; said instructional sheet comprising a plurality of product identifying markings corresponding to said at least one product identifying marking (Hammond: FIG. 3 (50) see col. 4 “the overview card 50 utilizes these colors to identify the different packs 40 and the guidebook 46 sets forth the instructions for each of the different types of procedures based on pages which are bordered in a coordinated color.”) of said cover wherein said plurality of product identifying markings of said instructional sheet indicate the correct use or application of said moldable pad and said cover. (Hammond see claims 2 and 3 and col. 5 “including “a series of step-by-step instructions 84, including a series of graphical instructions on using the contents of the pack”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Purdy in view of Jensen by adding instructions as taught in Hammond since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing a user to locate the correct component and its corresponding usage instructions quickly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673
