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 .
Remarks
This communication is in response to the 07/31/2026 reply.
Per the reply, claims 2, 6, 9, 11-18, 20, and 24-26 are canceled and claims 31-45 are new.
The reply amended the title which is acceptable.
The claim objection is withdrawn as moot.
The drawing objection is withdrawn.
The 35 U.S.C. 112 rejection is moot and withdrawn.
The double patenting rejection is maintained because the 07/31/2026 reply is not complete. Per MPEP 804 a complete response to a nonstatutory double patenting rejection is either a reply by applicant showing that the claims subject to the rejection are patentably distinct from the reference claims, or the filing of a terminal disclaimer in accordance with 37 CFR 1.321 in the pending application(s) with a reply to the Office action.
Claims 1, 3-5, 7, 8, 10, 19, 21-23, and 27-45 remain and have been examined.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the subject matter of claims 41, 42 and 44-45 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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 obvious1 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-30 of this application is patentably indistinct from claims 1-30 of Application No. 19/452,783, and claims 1-30 of Application No. 19/546,139. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Instant application
19/452,783 has biological at [0014]-[0016]
1. (Currently Amended) A system comprising:
a bed device or pillow device comprising:
a temperature control unit configured to adjust a temperature of a portion of the bed device or pillow device;
a support member comprising a foam and one or more liquid flow channels
a protective layer coupled to a top surface of the support member; and
a sensor disposed between the top surface of the support member and the protective layer, wherein the sensor is configured to output a signal corresponding to a biological condition,
wherein the temperature control unit is configured to adjust the temperature of the bed device or pillow device based on the signal.
1. A system comprising:
a. a bed or pillow device comprising:
i. one or more sensors for detecting at least one biological signal from a user of the device,
ii. a temperature control unit coupled to the one or more sensors, wherein the temperature control unit is configured to adjust a temperature of a portion of the device, and
iii. a support member comprising a foam and one or more grooves, wherein each groove is configured to house one or more channels configured for fluid flow; and
iv. a protective layer disposed over at least a portion of a top surface of the support member, such that the protective layer prevents the plurality of channels from becoming unhoused from the one or more grooves; and
b. a processor operatively coupled to the temperature control unit and the one or more sensors.
30. (Currently Amended) A system comprising: a mattress cover comprising:
a support member comprising a first section comprising a first liquid flow path and a second section comprising a second liquid flow path;
a protective layer coupled to the support member; and
one or more sensors embedded within the mattress cover and configured to output one or more signals corresponding to a biological condition; and
a temperature control unit configured to adjust a first temperature of a first liquid in the first liquid flow path based on the one or more signals and configured to adjust a second temperature of a second liquid in the second liquid flow path based on the one or more signals.
30. A system comprising:
a. a bed or pillow device comprising:
i. one or more sensors for detecting at least one biological signal from a user of the device
,ii. a temperature control unit coupled to the one or more sensors, wherein the temperature control unit is configured to adjust a temperature of a portion of the device, and
iii. a support member comprising a foam and one or more grooves, wherein the one or more grooves are configured to house one or more channels configured for fluid flow, and wherein at least a portion of the one or more channels is coupled to at least a portion of the one or more grooves via a coupling agent; and
b. a processor operatively coupled to the temperature control unit and the one or more sensors.
Instant application
19/546,139 has biological at [0014]-[0019]
1. (Currently Amended) A system comprising:
a bed device or pillow device comprising:
a temperature control unit configured to adjust a temperature of a portion of the bed device or pillow device;
a support member comprising a foam and one or more liquid flow channels
a protective layer coupled to a top surface of the support member; and
a sensor disposed between the top surface of the support member and the protective layer, wherein the sensor is configured to output a signal corresponding to a biological condition,
wherein the temperature control unit is configured to adjust the temperature of the bed device or pillow device based on the signal.
1. A system comprising:
a. a bed or pillow device comprising:
i. one or more sensors for detecting at least one biological signal from a user of the device,
ii. a temperature control unit coupled to the one or more sensors, wherein the temperature control unit is configured to adjust a temperature of a portion of the device, and
iii. a support member comprising a foam and one or more grooves, wherein each groove is configured to house one or more channels configured for fluid flow; and
iv. a protective layer disposed over at least a portion of a top surface of the support member, such that the protective layer prevents the plurality of channels from becoming unhoused from the one or more grooves; and
b. a processor operatively coupled to the temperature control unit and the one or more sensors.
30. (Currently Amended) A system comprising: a mattress cover comprising:
a support member comprising a first section comprising a first liquid flow path and a second section comprising a second liquid flow path;
a protective layer coupled to the support member; and
one or more sensors embedded within the mattress cover and configured to output one or more signals corresponding to a biological condition; and
a temperature control unit configured to adjust a first temperature of a first liquid in the first liquid flow path based on the one or more signals and configured to adjust a second temperature of a second liquid in the second liquid flow path based on the one or more signals.
30. A system comprising:
a. a bed or pillow device comprising:
i. one or more sensors for detecting at least one biological signal from a user of the device,
ii. a temperature control unit coupled to the one or more sensors, wherein the temperature control unit is configured to adjust a temperature of a portion of the device, and
iii. a support member comprising a foam and one or more grooves, wherein the one or more grooves are configured to house one or more channels configured for fluid flow, and wherein at least a portion of the one or more channels is coupled to at least a portion of the one or more grooves via a coupling agent; and
b. a processor operatively coupled to the temperature control unit and the one or more sensors.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-5, 7, 8, 10, 19, 21-23, and 27-45 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 30 are amended to include the recitation “configured to output one or more signals corresponding to a biological condition” (emphasis added) which finds no support in the specification as filed. The only occurrence of ‘condition’ in the specification is in relation to the article of furniture or the environment. See e.g. [0003]. Further, there appears to be no support for the temperature control unit adjusting temperatures based on the sensor signal, as the specification, e.g. [0101] appears to require a processor as an intermediary which generates a control signal. Specification at [0101]-[0102].
The remaining claims are rejected via dependency.
NOTE: any prior art rejection provided below is made as best understood in view of the 35 U.S.C. 112(b) issues above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 7, 8, 10, 19, 21-22, 27-36, 43, 45 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 2021/0315389, hereinafter D1.
As to claim 1.
D1 discloses a system (figures) comprising:
a bed device or pillow device ([0002]-[0003] and [0048] the terms “a furniture,” “an article of furniture,” or “a piece of furniture,” as used interchangeably herein, can refer to a bed, crib, bassinet, chair, seat, loveseat, sofa, couch, head rest, stool, ottoman, bench, or any panel intended to be covered with a fabric and [0049] and [0051]) comprising:
a temperature control unit ([0062]) configured to adjust a temperature of a portion of the bed device or pillow device ([0062]; shown as temperature regulator 2340 in fig. 23A);
a support member ([0069] FIG. 3 illustrates an example of at least a portion of the components (e.g., layers) of the article of furniture (e.g., the bed pad device) of FIG. 1; also furniture 2350 in figs. 23A-24G) comprising a foam ([0069] portion (e.g., another layer) 340 comprises a matrix (e.g., a batting)) and one or more liquid flow channels ([0069] the layer 320 may comprise a fluid in a fluid flow channel; channels 2360, 2361 in figs. 23A-24G);
a protective layer (a top layer 350) coupled to a top surface of the support member (fig. 3); and
a sensor ( a sensor (e.g., a sensor strip) 330; sensor strip 210 in fig. 2) disposed between the top surface of the support member (340) and the protective layer (350), wherein the sensor (330) is configured to output a signal corresponding to a biological condition ([0066] sensor (e.g., a sensor strip) 210, associated with a mattress 200 of the bed device 120, monitors bio signals associated with. a user sleeping on the mattress 200),
wherein the temperature control unit is configured to (fig. 7B) adjust the temperature of the bed device or pillow device (770) based on the signal (750; [0069] the layer 320 may comprise a fluid in a fluid flow channel for cooling or heating the article of furniture).
As to claim 3.
D1 discloses the support member (([0069] FIG. 3 illustrates an example of at least a portion of the components (e.g., layers) of the article of furniture (e.g., the bed pad device) of FIG. 1; also furniture 2350 in figs. 23A-24G) further comprises one or more liquid flow junctions (see annotated figure 23A).
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As to claim 4.
D1 discloses a first liquid flow junction of the one or more liquid flow junctions (choose any in the annotated figure) is housed within at least a portion of the one or more liquid flow channels (see annotated figure 1) and is fluidically coupled to a first end of a first liquid flow channel (flow path from 2340) of the one or more liquid flow channels (channels 2360, 2361 in figs. 23A-24G).
As to claim 5.
D1 discloses a second end of the first liquid flow channel of the one or more liquid flow channels is coupled to a second liquid flow junction of the one or more liquid flow junctions (see annotated figure).
As to claim 7.
D1 discloses the support member ([0069] FIG. 3 illustrates an example of at least a portion of the components (e.g., layers) of the article of furniture (e.g., the bed pad device) of FIG. 1; also furniture 2350 in figs. 23A-24G) comprises a first section (generally in 23A) comprising a first subset of the one or more liquid flow channels(channel 2360) and a second section (fig. 23B) comprising a second subset of the one or more liquid flow channels (channel 2360), and wherein the first subset of the one or more liquid flow channels are fluidically isolated from the second subset of the one or more liquid flow channels (figs. 23A and 23B show separate cooling portions of the same furniture).
As to claim 8.
D1 discloses the temperature control unit is configured to adjust a first temperature of a first section of the support and a second temperature of a second section of the support member, and wherein the first temperature is different from the second temperature (figs. 23A and 23B show distinct cooling loops).
As to claim 10.
D1 discloses the bed device or pillow device comprises a mattress cover, a mattress, a pillow cover, or a pillow ([0002]-[0003], [0048]-[0049] and [0051]).
As to claim 19.
D1 discloses the one or more liquid flow channels comprises ([0204]) a thermoplastic, a thermoplastic elastomer (TPE), or a polyvinyl chloride (PVC) ([0204] [0204] The channel(s) disclosed herein (e.g., the channel(s) configured at least to hold the fluid and/or permit flow of the fluid) may comprise fluid-insoluble (e.g., water-insoluble) materials. The channel(s) may comprise a polymeric material, metallic material, ceramic material, any functional modification thereof, or any combination thereof. Examples of the polymeric material include polyvinyl acetate, polyvinyl chloride, polyvinyl carbonate, ethyl cellulose, nitrocellulose, vinylidene chloride-acrylonitrile copolymer, acrylonitrile-styrene copolymer, ethylene vinyl acetate, cellulose acetate, cellulose acetate phthalate, cellulose acetate butyrate, copolymer of vinyl pyrrolidone, hydroxypropylmethylcellulose phthalate, methacrylic acid copolymer, methacrylate copolymer, any functional modification thereof, or any combination thereof).
As to claim 21. See explanation for claim 19.
As to claim 22.
D1 discloses wherein the protective layer comprises a fabric ([0069] top portion 350 comprises fabric).
As to claim 27.
D1 discloses (e.g. figs. 23A and 23B show parallel systems in the same furniture 2350) a first reservoir (2310 of system 2300 in fig. 23A) fluidically coupled to a first subset of the one or more liquid flow channels (2360) and a second reservoir (2310 of system 2300 in fig. 23B) fluidically coupled to a second subset of the one or more liquid flow channels (2360).
As to claim 28.
D1 discloses a pump (fig. 23A 2330) fluidically coupled to a reservoir (2310) and the temperature control unit (temperature regulator 2340 in fig. 23A).
As to claim 29.
D1 discloses (figs. 23A and 23B show parallel systems in the same furniture 2350) a first pump (2330) fluidically coupled to a first reservoir (2310) and a first subset of the one or more liquid flow channels (circled), and a second pump (2331) fluidically coupled to a second reservoir (2310) and a second subset of the one or more liquid flow channels (fig. 23B).
As to claim 30.
D1 discloses a system comprising
a mattress cover ([0002]-[0003] and [0048] the terms “a furniture,” “an article of furniture,” or “a piece of furniture,” as used interchangeably herein, can refer to a bed, crib, bassinet, chair, seat, loveseat, sofa, couch, head rest, stool, ottoman, bench, or any panel intended to be covered with a fabric and [0049] and [0051]) comprising:
a support member ([0069] FIG. 3 illustrates an example of at least a portion of the components (e.g., layers) of the article of furniture (e.g., the bed pad device) of FIG. 1; also furniture 2350 in figs. 23A-24G) comprising a first section (figs. 23A and 23B show parallel systems in the same furniture 2350) comprising a first liquid flow path (fig. 23A) and a second section comprising a second liquid flow path (fig. 23B);
a protective layer (a top layer 350) coupled to a top surface of the support member (fig. 3); and
one or more sensors (shown as 2365 in figs. 23A, 23B; [0066] sensor (e.g., a sensor strip) 210, associated with a mattress 200 of the bed device 120, monitors bio signals associated with. a user sleeping on the mattress 200) embedded within the mattress cover (a protective layer (a top layer 350) coupled to a top surface of the support member (fig. 3)) and configured to output one or more signals corresponding to a biological condition (; [0066] sensor (e.g., a sensor strip) 210, associated with a mattress 200 of the bed device 120, monitors bio signals associated with. a user sleeping on the mattress 200); and
a temperature control unit ([0062]; shown as temperature regulator 2340 in fig. 23A, 23B) configured to (fig. 7B) adjust a first temperature of a first liquid in the first liquid flow path based on the one or more signals (750; [0069] the layer 320 may comprise a fluid in a fluid flow channel for cooling or heating the article of furniture) and configured to adjust a second temperature of a second liquid in the second liquid flow path based on the one or more signals (750; [0069] the layer 320 may comprise a fluid in a fluid flow channel for cooling or heating the article of furniture).
As to claim 31.
D1 discloses the support member further comprises a first liquid flow junction coupled to the first liquid flow path (see annotated figure) and a second liquid flow junction coupled to the second liquid flow path (see annotated figure).
As to claim 32.
D1 discloses ([0204]) a thermoplastic, a thermoplastic elastomer (TPE), or a polyvinyl chloride (PVC) ([0204] [0204] The channel(s) disclosed herein (e.g., the channel(s) configured at least to hold the fluid and/or permit flow of the fluid) may comprise fluid-insoluble (e.g., water-insoluble) materials. The channel(s) may comprise a polymeric material, metallic material, ceramic material, any functional modification thereof, or any combination thereof. Examples of the polymeric material include polyvinyl acetate, polyvinyl chloride, polyvinyl carbonate, ethyl cellulose, nitrocellulose, vinylidene chloride-acrylonitrile copolymer, acrylonitrile-styrene copolymer, ethylene vinyl acetate, cellulose acetate, cellulose acetate phthalate, cellulose acetate butyrate, copolymer of vinyl pyrrolidone, hydroxypropylmethylcellulose phthalate, methacrylic acid copolymer, methacrylate copolymer, any functional modification thereof, or any combination thereof) wherein the first liquid flow path comprises a thermoplastic elastomer (TPE) comprising one or more of a polyamide thermoplastic elastomer (TPA), a polystyrene thermoplastic elastomer (TPS), a polyurethane thermoplastic elastomer (TPU), an olefinic thermoplastic elastomer (TPO), a polyester thermoplastic elastomer (TPEE), or a crosslinked thermoplastic rubber (TPV).
As to claim 33.
D1 discloses wherein the one or more sensors comprise a piezo sensor ([0066]).
As to claim 34.
D1 discloses wherein the one or more signals correspond to one or more of a heart rate signal, a respiration rate, or a temperature ([0064] FIG. 1 is a diagram of an example article of furniture, specifically a bed device (e.g., a mattress or a bed pad), according to one embodiment. Any number of sensors (or user sensors) 140, 150 monitor the bio signals associated with a user, such as the heart rate, the respiration rate, the temperature, motion, or presence, associated with the user).
As to claim 35.
D1 discloses (figs. 23A and 23B show parallel systems in the same furniture 2350) a first reservoir fluidically coupled to the first liquid flow path (2310 of system 2300 in fig. 23A) and a second reservoir fluidically coupled to the second liquid flow path (2310 of system 2300 in fig. 23B).
As to claim 36.
D1 discloses the support member comprises a foam ([0069] portion (e.g. another layer) 340 comprises a matrix (e.g., a batting)).
As to claim 43.
D1 discloses a contact zone disposed on the mattress cover (210-Fig.2; para [0066]).
As to claim 45.
D1 discloses the temperature control unit is configured to adjust the first temperature of the first liquid in the first liquid flow path based on a gesture input on a contact zone (210-Fig.2; para [0066] & [0070]).
Claim(s) 23 and 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1.
As to claim 23
D1 does not disclose wherein the protective layer is stretchable. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select wherein the protective layer is stretchable, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
As to claim 37.
D1 does not disclose the foam comprises one or more of an ethylene-vinyl acetate (EVA) foam, a low-density polyethylene (LDPE) foam, a nitrile rubber (NBR) foam, a polychloroprene foam, a polyimide foam, a polypropylene foam, a polystyrene foam, a polyurethane foam, a polyurea foam, a polyethylene foam, a polyvinyl chloride foam, or a silicone foam.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select the foam comprises one or more of an ethylene-vinyl acetate (EVA) foam, a low-density polyethylene (LDPE) foam, a nitrile rubber (NBR) foam, a polychloroprene foam, a polyimide foam, a polypropylene foam, a polystyrene foam, a polyurethane foam, a polyurea foam, a polyethylene foam, a polyvinyl chloride foam, or a silicone foam, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
As to claim 38.
D1 does not disclose the first liquid flow path comprises a first layer comprising a first material and a second layer comprising a second material that is different from the first material.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select the first liquid flow path comprises a first layer comprising a first material and a second layer comprising a second material that is different from the first material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
As to claim 39.
D1 does not disclose the support member comprises an inner portion comprising a first average stiffness and an outer portion comprising a second average stiffness that is greater than the first average stiffness.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to the support member comprises an inner portion comprising a first average stiffness and an outer portion comprising a second average stiffness that is greater than the first average stiffness, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SPE 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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/J. T. Newton/Primary Examiner, Art Unit 3673 21 August 2026
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