Ex Parte Bailey

Patent Trial and Appeal Board

Dec 15, 2016

13856047 (P.T.A.B. Dec. 15, 2016)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
13/856,047 04/03/2013 Angela M. BAILEY 5582 9970
22474 7590 12/19/2016
P1e.me.nts RemarH Walker PT T P
EXAMINER
4500 Cameron Valley Parkway
Suite 350
HARE, DAVID R
Charlotte, NC 28211 ART UNIT PAPER NUMBER
3673
NOTIFICATION DATE DELIVERY MODE
12/19/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
patlaw @ worldpatents.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte ANGELA M. BAILEY
Appeal 2015-003707
Application 13/856,0471
Technology Center 3600
Before ROBERT L. KINDER, BRUCE T. WIEDER, and
KENNETH G. SCHOPFER, Administrative Patent Judges.
SCHOPFER, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the rejection of claims
16—22. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.
1 According to Appellant, the real party in interest is Angela M. Bailey.
Br. 1.
Appeal 2015-003707
Application 13/856,047
BACKGROUND
According to Appellant, “[t]he present invention relates to a variable
size air mattress that is consistent with a standard size acceptance by the
general public, such that sheet, duvets, bed skirts, comforters, blankets and
pillows fit.” Spec. 1.
CLAIMS
Claims 16—22 are on appeal. Claim 16 is illustrative of the appealed
claims and recites:
16. An air mattress having a first plenum, a second plenum
and a third plenum for holding gas, wherein said first plenum is
positioned between said second plenum on one side of said first
plenum, and said third plenum on the other side of said first
plenum in a side-by side arrangement, said second plenum is
smaller than both said first plenum and said third plenum, and
said third plenum is larger than said second plenum but smaller
than said first plenum, one or more inlet/outlet opening(s) in
communication with each plenum such that each plenum can be
independently inflated or deflated as desired by inserting or
removing gas through said one or more inlet/outlet opening(s),
and when said first plenum is the only inflated plenum, the
mattress is a twin bed size; when only said first and second
plenums are inflated, the mattress is a double bed size; when only
said first and third plenums are inflated, the mattress is a queen
bed size; and when the first, second and third plenums are
inflated, the mattress is a king bed size.
Br. 10.
2
Appeal 2015-003707
Application 13/856,047
REJECTION
The Examiner rejects claims 16—22 under 35 U.S.C. § 103(a) as
unpatentable over Liu.2
DISCUSSION
Claim 16
With respect to claim 16, the Examiner finds that Liu discloses an air
mattress with first, second, and third plenums and one or more inlet/outlet
openings in communication with each plenum as claimed, except that Liu
does not teach the relative sizes of each plenum such that the device
conforms to standard bed sizes when inflated. Final Act. 3 (citing Liu,
Abstract, Fig. 1 A, IB, 2). With respect to the specific sizes provided in the
claim, the Examiner concludes:
It would have been an obvious matter of design choice to vary
the width of the first, second, and third plenums [of Liu] based
on standard size beds, since such a modification would have
involved a mere change in the size of a component. A change in
size is generally recognized as being within the level of ordinary
skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Id. The Examiner also finds that it is known to provide mattresses of
standard sizes to allow use of standard fitted sheets and other bed
accessories. Id. at 8. Further, the Examiner finds that each of Liu’s plenums
has an independent inlet/outlet opening and that Liu discloses selectively
inflating and deflating the plenums to vary the width of the mattress. See
Ans. 3—8.
2 Liu, US 7,028,358 B2, iss. Apr. 18, 2006.
3
Appeal 2015-003707
Application 13/856,047
We agree with and adopt the Examiner’s findings and conclusions
regarding the scope and content of Liu with respect to claim 16. See Final
Act. 3, 8; see also Ans. 3—8. As discussed below, we are not persuaded of
error by Appellant’s arguments.
First, Appellant argues that “there is no suggestion to change the size
of the air mattress of Liu other than to get through the hospital door” and
that Liu does not provide a teaching that the plenums are relatively sized as
claimed. Br. 8. Regarding Appellant’s first point, we disagree. Liu not only
discloses reducing the size of the mattress to fit through doorways, but Liu
also discloses adjusting the size of the matter for “larger sized patients.” See
Liu, col. 5,11. 44—53. Liu also describes an objective of the invention is “to
have different widths of the alternating air inflation mattresses.” Id. at col.
1,11. 41 42. Further, we agree with the Examiner that because Liu teaches
selectively changing the size of the mattress and because the standard bed
sizes are well known, one of ordinary skill in the art would have found it
obvious to provide a mattress with the relative plenum sizes required by the
claim.
Second, Appellant argues that the Examiner has not shown how Liu
teaches one or more inlet/outlet openings in communication with each
plenum. Br. 8. However, to the extent the rejection is unclear in this regard,
the Examiner has clarified how Liu teaches the claimed inlet/outlet
openings. See Ans. 4. We find that the Examiner’s unrebutted findings are
supported by a preponderance of the evidence on the record before us.
Based on the foregoing, we sustain the rejection of claim 16.
Appellant indicates that claims 17 and 18 will stand or fall with claim 16,
4
Appeal 2015-003707
Application 13/856,047
and thus, we sustain the rejection of claims 17 and 18 for the same reasons.
See Br. 8.
Claim 19
With respect to claim 19, Appellant first relies on the same arguments
discussed above with respect to claim 16. For the same reasons as above,
we find those arguments unpersuasive here.
Appellant additionally argues with respect to this claim:
Relative to claim 19, there is some confusion by the examiner.
The examiner states that the first plenum is element 11, the
second plenum is element 14, and the third plenum is element 15.
But when the examiner describes the air transport tubes he refers
to connecting tube 36 which is for element 13. Element 13 is not
the first, second or third plenum. It does not appear that the
examiner can meet the limitations in claim 19 relative to “an inlet
opening for the air mattress communicating with said first
plenum, a first air control valve communicating with said inlet
opening and with said second plenum, and further including a
second air control valve communicating with said inlet opening
and with said third plenum.”
Br. 8.
We are not persuaded of error by this argument. To the extent
Appellant identifies some confusion in the rejection, the Examiner has
clarified how Liu discloses two air valves and separate inlet/outlet openings
to allow for the selective inflation/deflation of each plenum. See Ans. 4—5.
We find that the Examiner’s unrebutted findings are supported by a
preponderance of the evidence on the record before us.
Based on the foregoing, we sustain the rejection of claim 19.
Appellant indicates that claims 20—22 will stand or fall with claim 19, and
thus, we sustain the rejection of claims 20—22 for the same reasons. See
Br. 8.
5
Appeal 2015-003707
Application 13/856,047
CONCLUSION
For the reasons set forth above, we AFFIRM the rejection of claims
16-22.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l)(iv).
AFFIRMED
6