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 Application No. 19/631,466 filed on 03/27/2026.
Claims 1-16 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 03/27/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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 2, 8, 9, 11 and 13 (“users’ head”) 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).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 2, 5, 8, 9, 11 and 13 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
As to claims 2, 8, the recitation of “user’s head” lacks antecedent basis.
Claims 9, 11, 13 are rejected via dependency.
As to claim 5, “remaining five surfaces” lacks antecedent basis and it is unclear what is being referred to.
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, 3-4, 6, 14, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0070941, hereinafter D1.
As to claim 1.
D1 discloses an inflatable mattress with a detachably-fastened quilt (entire document), comprising:
an inflatable mattress body (first and second inflatable mattresses 6, 8);
a quilt body (fitted sheet 90); and
a first fastening mechanism (elastic closure [0044]);
wherein the quilt body (fitted sheet 90) is detachably fixed (via elastic closure, see fig. 7) to an upper surface (fig. 7) of the inflatable mattress body (first and second inflatable mattresses 6, 8) through the first fastening mechanism, so as to cover (as in fig. 7) the upper surface of the inflatable mattress body (first and second inflatable mattresses 6, 8).
As to claim 3.
D1 discloses
wherein the inflatable mattress body (first and second inflatable mattresses 6, 8) comprises a main support cushion (one of first and second inflatable mattresses 6, 8) and an auxiliary cushion (the other one of first and second inflatable mattresses 6, 8); the main support cushion (one of first and second inflatable mattresses 6, 8) and the auxiliary cushion (the other one of first and second inflatable mattresses 6, 8) are stackedly arranged (figures);
the main support cushion (one of first and second inflatable mattresses 6, 8) and the auxiliary cushion (the other one of first and second inflatable mattresses 6, 8) are configured to be independently inflated and deflated (via first and second inflation valve 26, 28); and the main support cushion (one of first and second inflatable mattresses 6, 8) and the auxiliary cushion (the other one of first and second inflatable mattresses 6, 8) are each provided with a valve (first and second inflation valve 26, 28).
As to claim 4.
D1 discloses an enclosure (cover 4); wherein the enclosure (cover 4) is configured to (note the phrase “configured to” is typically used to connect structure to a function, similar to the word “for.” “Configured to” (for) usually means the structure can perform the function with no additional modification therefore this recitation is interpreted as a functional recitation. While features of an apparatus may be recited either structurally or functionally; apparatus claims cover what a device is, not what a device does. MPEP 2114. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference) (figures) enclose the main support cushion (one of first and second inflatable mattresses 6, 8) and the auxiliary cushion (the other one of first and second inflatable mattresses 6, 8).
As to claim 6.
D1 discloses wherein a side of the enclosure (cover 4) is provided with a zipper (56) to facilitate (note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987)) surrounding and removing the main support cushion (one of first and second inflatable mattresses 6, 8) and the auxiliary cushion (the other one of first and second inflatable mattresses 6, 8).
As to claim 14.
D1 discloses wherein the valve (via first and second inflation valve 26, 28) of the main support cushion (one of first and second inflatable mattresses 6, 8) and the valve (via first and second inflation valve 26, 28) of the auxiliary cushion (the other one of first and second inflatable mattresses 6, 8) are arranged on the same side of the inflatable mattress (both are on side 16 in fig. 1); a side (side 16) of the enclosure (cover 4) is provided with a valve port (20, 22) configured to be openable or closable ([0031] The inflatable body support enclosure 10 has first and second valve openings 20, 22 aligned with the first and second inflation valve 26, 28 on the first and second inflatable mattress 6, 8 to allow a user to access the second inflation valve when it is inside the cover 4); and a position of the valve port is configured to correspond (see fig. 1) to positions of the valve of the main support cushion (one of first and second inflatable mattresses 6, 8) and the valve of the auxiliary cushion (the other one of first and second inflatable mattresses 6, 8).
As to claim 15.
D1 discloses wherein the valve port is configured to be opened and closed through a Velcro chain ([0036] After the user is finished inflating the inflatable body support, the user may fasten covers 42 on the inflation valve openings 20, 22. As shown in FIG. 5, the inflation valve opening covers 42 are preferably contoured to sufficiently protect the mattresses 6, 8, from being damaged or soiled and to provide an attractive appearance for the inflatable bed 2; The fastening means may be a zipper, snap buttons, velcro, or other fasteners well known in the art).
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 of this title, 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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1.
As to claim 5.
D1 discloses wherein an upper surface of the enclosure (cover 4) is configured as (note the phrase “configured as” is typically used to connect structure to a function, similar to the word “for.” “Configured as” (for) usually means the structure can perform the function with no additional modification therefore this recitation is interpreted as a functional recitation. While features of an apparatus may be recited either structurally or functionally; apparatus claims cover what a device is, not what a device does. MPEP 2114. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference) a lying part (fig. 1); remaining five surfaces of the enclosure (cover 4 has four side panels 50 and a bottom panel 52) are configured as a wrapping part (fig. 1).
D1 does not disclose the lying part and the wrapping part are made of different materials; or a softness of the lying part is higher than that of the wrapping part.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select the lying part and the wrapping part are made of different materials; or a softness of the lying part is higher than that of the wrapping part, 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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of US 20120272456 A1, hereinafter D2.
As to claim 7.
D1 does not disclose wherein an upper layer inside the enclosure (cover 4) is provided with a binding strap; and the auxiliary cushion (the other one of first and second inflatable mattresses 6, 8) is fastened to the upper layer inside the enclosure (cover 4) via the binding strap.
An invention is obvious where some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. D2 is in a related field (entire document) and teaches an air mattress (100) that has an outer cover (112) containing a plurality of inflatable cushions (120) positioned within the outer cover (112) and teaches includes a plurality of adjusting elements (132) in the form of straps to hold the cushions (120) in position. It would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify the invention of D1 for the purpose of providing alignment for the cushions within the cover ([0033]).
Claim(s) 8-9, 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of US 20100083995 A1, hereinafter D3.
As to claims 8-9, 11 and 13.
D1 does not disclose further comprising: [claim 8] a windproof cover; wherein an end of the windproof cover is provided with a second fastening mechanism; and the windproof cover is detachably connected to an edge of an end of the inflatable mattress body (first and second inflatable mattresses 6, 8) closing to the user’s head through the second fastening mechanism; or [claim 9] wherein a side of the windproof cover close to the quilt body (fitted sheet 90) is provided with a deployable support structure or [claim 11] wherein the second fastening mechanism is a zipper assembly; the second fastening mechanism comprises a first zipper chain and a second zipper chain; the first zipper chain is arranged on an upper edge of the upper surface of the inflatable mattress body; the second zipper chain is arranged on a lower edge of the windproof cover; and the first zipper chain and the second zipper chain are matchingly fastened with each other, and the zipper is a double-head anti-jamming zipper.
An invention is obvious where some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. D3 is in a related field (entire document) and teaches a windproof cover (canopy 1200) which zips (via zipper 1230) onto an air mattress (mattress 1100), the windproof cover (canopy 1200) includes a deployable support structure ([0027] FIG. 1B, the canopy 1200 has inflatable air chambers 1220, which are configured to receive air from an air supply or pump, and are made to be held as shown in the canopy 1200. When inflated, the air chambers 1220 suspend or hold the canopy 1200 over a person lying on the mattress 1100, and therefore provide a comfortable chamber within which the person resides). The canopy is attached via a zipper that provides a portion or chain on the canopy and a portion or chain on the mattress (fig. 1B). The broad teaching of a zipper includes a ‘double-headed, anti-jam’ zipper and ([0013] The canopy is attached to the mattress by a two-way zippers operable the full circumference of the mattress. The two way zippers and mattress are configured to attach and include the mattress within the tent).
It would be obvious to one of ordinary skill in the art to use the teachings of D3 to modify the invention of D1 for the purpose of providing provide warmth and insulation. It also protects, to some extent, against wind, precipitation, ([0002]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of US 20020133879 A1, hereinafter D4.
As to claim 16.
D1 does not disclose wherein a side of the enclosure (cover 4) is provided with a storage bag.
An invention is obvious where some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. D4 is in a related field (entire document) and teaches an inflatable mattress that has a method of retaining a sleeping bag on top of it (figures) and a side of the enclosure (mattress 20 is comprised of a top layer of fabric 24 and a bottom layer of fabric 26 and encloses an inflatable bladder 50) is provided with a storage bag (28 in fig. 1).
It would be obvious to one of ordinary skill in the art to use the teachings of D4 to modify the invention of D1 for the purpose of providing convenient storage ([0047] Extension flap 28 envelops the sleeping device while in the rolled-up configuration and thus provides an extra layer of protection to the sleeping device and sleeping bag during transport).
Allowable Subject Matter
Claims 10 and 12 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 2 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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 24 September 2026
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