Attorney Docket No.: 29712-0002001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Art Unit : 3673
`Examiner : Nicholas F. Polito
`Conf. No. : 8676
`
`Applicant : Susan Walvius et. al.
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Title (cid:9)
`: FABRIC SYSTEM
`
`MAIL STOP AMENDMENT
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`INFORMATION DISCLOSURE STATEMENT
`
`Please consider the references listed on the enclosed PTO-1449 form. Foreign patent
`
`documents and non-patent literature are enclosed.
`
`This statement is being filed within three months of the filing date of the application or
`
`before the receipt of a first Office Action on the merits. Please apply any necessary charges or
`
`credits to Deposit Account 06-1050, referencing the above attorney docket number.
`
`Respectfully submitted,
`
`/Frank L. Gerratana/ (cid:9)
`Frank L. Gerratana
`Reg. No. 62,653
`
`Date: December 6, 2011
`
`Customer Number 26161
`Fish & Richardson P.C.
`Telephone: (617) 542-5070
`Facsimile: (877) 769-7945
`
`22752639.doc
`
`000422
`
`BEDGEAR 1024 (part 5)
`IPR of U.S. Pat. No. 8,402,580
`
`

`
`Attorney's Docket No.: 29712-0002001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Art Unit : 3673
`Examiner : Nicholas F. Polito
`Conf. No. : 8676
`
`Applicant : Susan Walvius et. al.
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Title (cid:9)
`: FABRIC SYSTEM
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`RESPONSE TO RESTRICTION REQUIREMENT
`
`In response to the restriction requirement made in the action mailed November 17, 2011,
`
`identified Group 1 (claims 1-8) is elected for examination. The election is made without
`
`traverse.
`
`Please apply any necessary charges or credits to Deposit Account No. 06-1050,
`
`referencing the above attorney docket number.
`
`Respectfully submitted,
`
`/Frank L. Gerratana/ (cid:9)
`Frank L. Gerratana
`Reg. No. 62,653
`
`Date: November 30, 2011
`
`Customer Number 26161
`Fish & Richardson P.C.
`Telephone: (617) 542-5070
`Facsimile: (877) 769-7945
`
`22747365.doc
`
`CERTIFICATE OF MAILING BY EFS-WEB FILING
`
`I hereby certify that this paper was filed with the Patent and Trademark
`Office using the EFS-WEB system on this date: November 28, 2011.
`
`000423
`
`

`
`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`11507302
`
`12569659
`
`International Application Number:
`
`Confirmation Number:
`
`8676
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor/Applicant Name:
`
`Susan Katherine Walvius
`
`Customer Number:
`
`26161
`
`Filer:
`
`Frank L. Gerratana/Sherry Hunt
`
`Filer Authorized By:
`
`Frank L. Gerratana
`
`Attorney Docket Number:
`
`29712-0002001
`
`Receipt Date:
`
`30-NOV-2011
`
`Filing Date:
`
`29-SEP-2009
`
`Time Stamp:
`
`11:56:16
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
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`Submitted with Payment
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`no
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`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`68283
`
`1
`
`Response to Election / Restriction Filed
`
`Response.pdf
`
`no
`
`1
`
`64c3820f0ee7fc285c9add48c991 b83bb4af
`d6c6
`
`Warnings:
`
`Information:
`
`000424
`
`

`
`Total Files Size (in bytes) (cid:9)
`
`68283
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`000425
`
`

`
`Attorney Docket No.: 29712-0002001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant : Susan Walvius et. al.
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Title (cid:9)
`: FABRIC SYSTEM
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Art Unit
`: (cid:9) 3673
`Examiner : Nicholas F. Polito
`Conf. No. : (cid:9) 8676
`
`PRELIMINARY AMENDMENT
`
`Prior to examination, please amend the application as indicated on the following pages.
`
`CERTIFICATE OF MAILING BY EFS-WEB FILING
`
`I hereby certify that this paper was filed with the Patent and Trademark
`Office using the EFS-WEB system on this date: November 30, 2011.
`
`000426
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 2 of 7
`
`Attorney's Docket No.: 29712-0002001
`
`Listing of Claims (replacing all prior versions):
`
`1. (Original) A method of making a finished fabric at least 90 inches wide comprising:
`
`forming at least two discrete performance fabric portions; and
`
`joining at least two discrete performance fabric portions to form the finished fabric.
`
`2. (Currently Amended) The method according to Claim of claim 1, wherein forming at
`
`least two discrete performance fabric portions comprises knitting at least two discrete
`
`performance fabric portions.
`
`3. (Currently Amended) The method according to Claim of claim 1, wherein forming at
`
`least two discrete performance fabric portions comprises circular knitting at least two one of the
`
`discrete performance fabric portions.
`
`4. (Currently Amended) The method according to Claim of claim 1, wherein joining at
`
`least two discrete performance fabric portions to form the finished fabric comprises stitching at
`
`least two discrete performance fabric portions together to form the finished fabric.
`
`5. (Currently Amended) A method of making a bed sheet at least 90 inches wide from
`
`performance fabric comprising:
`
`circular knitting at least two discrete performance fabric portions;
`
`stitching at least two discrete performance fabric portions together; and
`
`heat setting finishing the stitched at least two discrete performance fabric portions to
`
`form the finished bed sheet.
`
`000427
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 3 of 7
`
`Attorney's Docket No.: 29712-0002001
`
`6. (Currently Amended) The method according to Claim 5 of claim 1, further
`
`comprising providing piping to the finished bed sheet fabric.
`
`7. (Currently Amended) The method according to Claim 5 of claim 1, wherein the at
`
`least two discrete performance fabric portions have different fabric characteristics.
`
`8. (Currently Amended) The method according to Claim 7 of claim 7, wherein fabric
`
`characteristics are selected from the group consisting of moisture management, UV protection,
`
`anti-microbial, thermo-regulation, wind resistance and water resistance.
`
`9. (Withdrawn) A finished fabric at least 90 inches wide comprising: a first circular
`
`knitted performance fabric; and a second circular knitted performance fabric; wherein the first
`
`and second performance fabrics are discrete; and wherein the first and second performance
`
`fabrics are joined to form the finished fabric.
`
`10. (Withdrawn) The finished fabric of Claim 9, wherein the finished fabric comprises a
`
`bed sheet.
`
`11. (Withdrawn) The finished fabric of Claim 9, further comprising piping.
`
`12. (Withdrawn) The finished fabric of Claim 9, wherein the first and second
`
`performance fabrics have different fabric characteristics.
`
`13. (Withdrawn) The finished fabric of Claim 12, wherein fabric characteristics are
`
`selected from the group consisting of moisture management, UV protection, anti-microbial,
`
`thermo-regulation,
`
`000428
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 4 of 7
`
`wind resistance and water resistance.
`
`Attorney's Docket No.: 29712-0002001
`
`14. (Withdrawn) A bedsheet comprising a performance fabric of a man-made fiber, the
`
`performance fabric having higher breathability, higher heat transfer, and higher moisture wicking
`
`characteristics than a cotton fabric.
`
`15. (Withdrawn) The bedsheet of claim 1 in which the fabric is knit of the man-made
`
`fiber.
`
`16. (Withdrawn) The bedsheet of claim 1 in which the fabric has a gauge of at least 17
`
`gauges.
`
`17. (Withdrawn) The bedsheet of claim 1 in which the fabric is circularly knit.
`
`18. (Withdrawn) The bedsheet of claim 1 being stretchable to fit either a baby crib and
`
`an adult bed.
`
`19. (Withdrawn) A bedsheet comprising a circularly knit fabric including a high
`
`performance man-made fiber.
`
`20. (Withdrawn) The bedsheet of claim 6 in which the bedsheet comprises at least two
`
`sections of the circularly knit fabric.
`
`21. (Withdrawn) A bedsheet comprising a knit fabric that includes
`
`polyurethanepolyurea copolymer fiber in a proportion that, if circularly knit at a high gauge,
`
`000429
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 5 of 7
`
`Attorney's Docket No.: 29712-0002001
`
`could be knit at no more than a 72.5 inch circumference without losing the integrity of the
`
`polyurethanepolyurea copolymer fiber.
`
`22. (Withdrawn) A bed covered by a bedsheet comprising a performance fabric of a
`
`man-made fiber, the performance fabric having higher breathability, higher heat transfer, and
`
`higher moisture wicking characteristics than a cotton fabric.
`
`23. (Withdrawn) A bed covered by a bedsheet comprising a circularly knit fabric
`
`including a high-performance man-made fiber.
`
`24. (Withdrawn) A bedsheet that is sufficiently stretchable to fit a standard rectangular
`
`bed and a smaller, non-rectangular marine bed.
`
`25. (Withdrawn) A bedsheet that is sufficiently stretchable to fit either a crib or a
`
`standard adult bed.
`
`26. (New) The method of claim 1, wherein the two discrete performance fabric portions
`
`are joined by flatlock stitching.
`
`27. (New) The method of claim 1, comprising
`
`heat setting finishing the joined at least two discrete fabric portions.
`
`28. (New) The method of claim 1 wherein the finished fabric comprises a bed sheet.
`
`29. (New) A method of making a bed sheet at least 90 inches wide from performance
`
`fabric comprising
`
`circular knitting at least two discrete fabric portions; the two discrete fabric portions
`
`having different fabric characteristics including at least one of the following: moisture
`
`000430
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 6 of 7
`
`Attorney's Docket No.: 29712-0002001
`
`management, UV protection, anti-microbial, thermo-regulation, wind resistance, and water
`
`resistance;
`
`stitching at least two discrete fabric portions together;
`
`heat setting finishing the stitched at least two discrete fabric portions to form a finished
`
`bed sheet; and
`
`providing piping to the finished bed sheet.
`
`30. (New) The method of claim 5, wherein forming at least two discrete performance
`
`fabric portions comprises knitting at least two discrete performance fabric portions.
`
`31. (New) The method of claim 5, wherein forming at least two discrete performance
`
`fabric portions comprises circular knitting at least one of the discrete performance fabric
`
`portions.
`
`32. (New) The method of claim 5, wherein joining at least two discrete performance
`
`fabric portions comprises stitching at least two discrete performance fabric portions together to
`
`form a finished bed sheet.
`
`33. (New) The method of claim 5, further comprising providing piping to a finished bed
`
`sheet.
`
`34. (New) The method of claim 5, wherein the at least two discrete performance fabric
`
`portions have different fabric characteristics.
`
`35. (New) The method of claim 34, wherein fabric characteristics are selected from the
`
`group consisting of moisture management, UV protection, anti-microbial, thermo-regulation,
`
`wind resistance and water resistance.
`
`36. (New) The method of claim 5, wherein the two discrete performance fabric portions
`
`are joined by flatlock stitching.
`
`000431
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 7 of 7
`
`Attorney's Docket No.: 29712-0002001
`
`REMARKS
`
`Applicant asks that all claims be examined in view of the amendment to the claims.
`
`Please apply any necessary charges or credits to Deposit Account 06-1050, referencing
`
`the above attorney docket number.
`
`Respectfully submitted,
`
`/Frank L. Gerratana/ (cid:9)
`Frank L. Gerratana
`Reg. No. 62,653
`
`Date: November 30, 2011
`
`Customer Number 26161
`Fish & Richardson P.C.
`Telephone: (617) 542-5070
`Facsimile: (877) 769-7945
`
`22747685.doc
`
`000432
`
`

`
`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`11512414
`
`12569659
`
`International Application Number:
`
`Confirmation Number:
`
`8676
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor/Applicant Name:
`
`Susan Katherine Walvius
`
`Customer Number:
`
`26161
`
`Filer:
`
`Frank L. Gerratana/jennifer franco
`
`Filer Authorized By:
`
`Frank L. Gerratana
`
`Attorney Docket Number:
`
`29712-0002001
`
`Receipt Date:
`
`30-NOV-2011
`
`Filing Date:
`
`29-SEP-2009
`
`Time Stamp:
`
`16:06:19
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
`
`Submitted with Payment
`
`no
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`69041
`
`1
`
`prelim_amdt.pdf
`
`yes
`
`7
`
`d6.22a10a25f3b4610144a8e1713113edae
`6360
`
`000433
`
`

`
`Multipart Description/PDF files in .zip description
`
`Document Description
`
`Start
`
`End
`
`Preliminary Amendment
`
`Claims
`
`Applicant Arguments/Remarks Made in an Amendment
`
`1
`
`2
`
`7
`
`1
`
`6
`
`7
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes):
`
`69041
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`000434
`
`

`
`Document code: WFEE
`
`United States Patent and Trademark Office
`Sales Receipt for Accounting Date: 12/01/2011
`
`ENIMMONS SALE #00000002 Mailroom Dt: 11/30/2011 (cid:9)
`FC : 2201 (cid:9)
`125.00 DA
`01 (cid:9)
`FC : 2202 (cid:9)
`02 (cid:9)
`330.00 DA
`
`061050 12569659
`
`000435
`
`

`
`PTO/SB/06 (07-06)
`Approved for use through 1/31/2007. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PATENT APPLICATION FEE DETERMINATION RECORD
`Application or Docket Number
`Filing Date
`12/569,659
`09/29/2009
`Substitute for Form PTO-875
`
`q To be Mailed
`
`APPLICATION AS FILED — PART I
`(Column 1) (cid:9)
`
`(Column 2)
`
`FOR
`
`NUMBER FILED
`
`NUMBER EXTRA
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`SMALL ENTITY [s] (cid:9)
`RATE ($)
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`
`OR
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`OTHER THAN
`
`SMALL ENTITY
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`RATE ($)
`
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`q BASIC FEE
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`q EXAMINATION FEE
`(37 CFR 1.16(o), (p), or (q))
`TOTAL CLAIMS
`(37 CFR 1.16(i))
`INDEPENDENT CLAIMS
`(37 CFR 1.16(h))
`
`APPLICATION SIZE FEE
`(37 CFR 1.16(s))
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
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`minus 20 =
`
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`
`N/A
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`N/A
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`N/A
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`X $
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`X $
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`If the specification and drawings exceed 100
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`35 U.S.C. 41(a)(1)(G) and 37 CFR 1.16(s).
`
`N/A
`
`N/A
`
`N/A
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`OR
`
`X $
`
`X $
`
`q MULTIPLE DEPENDENT CL AIM PRESENT (37 CFR 1.16(j))
`
`* If the difference in column 1 is less than zero, enter "0" in column 2. (cid:9)
`
`TOTAL
`
`TOTAL
`
`APPLICATION AS AMENDED — PART II
`
`(Column 1) (cid:9)
`
`(Column 2) (cid:9)
`
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`SMALL ENTITY (cid:9)
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`OR (cid:9)
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`11/30/2011
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`RATE ($)
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`RATE ($)
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`CLAIMS
`REMAINING
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`* (cid:9) 11
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`HIGHEST
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`PREVIOUSLY
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`25
`***10
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`PRESENT
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`125
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`OR X $
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`455
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`OR
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`OR (cid:9)
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`TOTAL
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`(Column 2) (cid:9)
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`(Column 3)
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`(Column 1) (cid:9)
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`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
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`Total (37 CFR
`1.16(i))
`Independent
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`HIGHEST
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`PREVIOUSLY
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`Minus
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`q Application Size Fee (37 CFR 1.16(s))
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`q FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
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`AMENDMENT
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`AMENDMENT
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`PRESENT
`EXTRA
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`RATE ($)
`
`ADDITIONAL
`FEE ($)
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`RATE ($)
`
`ADDITIONAL
`FEE ($)
`
`X $
`
`X $
`
`TOTAL
`ADD'L
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`OR
`
`X $
`
`OR
`
`X $
`
`OR
`
`OR
`
`TOTAL
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`FEE
`
`Legal Instrument Examiner:
`/EVELYN NIMMONS/
`
`* If the entry in column 1 is less than the entry in column 2, write "0" in column 3. (cid:9)
`"" If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20". (cid:9)
`
`""" If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3".
`The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1.
`
`This collection of information is required by 37 CFR 1.16. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering,
`preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you
`require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S.
`Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2
`
`000436
`
`(cid:9)
`q
`

`
`UNITED STA (cid:9)I ES PA (cid:9)PENT 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. (cid:9)
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO. (cid:9)
`
`CONFIRMATION NO.
`
`12/569,659
`
`09/29/2009
`
`Susan Katherine Walvius
`
`29712-0002001
`
`8676
`
`26161 (cid:9)
`7590 (cid:9)
`11/17/2011
`FISH & RICHARDSON P.C. (BO)
`P.O. BOX 1022
`MINNEAPOLIS, MN 55440-1022
`
`EXAMINER
`
`POLITO, NICHOLAS F
`
`ART UNIT
`
`PAPER NUMBER
`
`3673
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/17/2011
`
`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):
`PATDOCTC@fr.com
`
`PTOL-90A (Rev. 04/07)
`
`000437
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`
`Application No.
`
`Applicant(s)
`
`12/569,659
`
`Examiner
`
`WALVIUS ET AL.
`
`Art Unit
`
`(cid:9) (cid:9) Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`
`Office Action Summary
`
`3673
`NICHOLAS POLITO
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`.
`1)0 Responsive to communication(s) filed on (cid:9)
`2a)q This action is FINAL. (cid:9)
`2b)EIThis action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)Z Claim(s) 1-25 is/are pending in the application.
`5a) Of the above claim(s) (cid:9)
`is/are withdrawn from consideration.
`6)0 Claim(s) (cid:9)
`is/are allowed.
`7)0 Claim(s) (cid:9)
`is/are rejected.
`8)0 Claim(s) (cid:9)
`is/are objected to.
`9)Z Claim(s) 1-25 are subject to restriction and/or election requirement.
`
`Application Papers
`
`10)0 The specification is objected to by the Examiner.
`11)0 The drawing(s) filed on (cid:9)
`is/are: a)E accepted or bElobjected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`12)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`b)E1Some * c)EINone of:
`1.0 Certified copies of the priority documents have been received.
`.
`2.0 Certified copies of the priority documents have been received in Application No. (cid:9)
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) q Notice of References Cited (PTO-892)
`2) q Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) q Information Disclosure Statement(s) (PTO/SIB/08)
`Paper No(s)/Mail Date
`
`4) q Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`5) q Notice of Informal Patent Application
`6) q Other: (cid:9)
`
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20111109
`
`000438
`
`(cid:9)
`(cid:9)
`

`
`Application/Control Number: 12/569,659 (cid:9)
`Art Unit: 3673
`
`Page 2
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`DETAILED ACTION
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`Election/Restrictions
`
`1. (cid:9)
`
`Restriction to one of the following inventions is required under 35 U.S.C. 121:
`
`I.
`
`Claims 1-8, drawn to a method of making, classified in class 28, subclass
`
`100.
`
`II.
`
`Claims 9-21, 24 and 25, drawn to a bed sheet, classified in class 5,
`
`subclass 482.
`
`III. Claims 22 and 23, drawn to a bed, classified in class 5, subclass 737.
`
`The inventions are distinct, each from the other because of the following reasons:
`
`2. (cid:9)
`
`Inventions I and II or III are related as process of making and product made. The
`
`inventions are distinct if either or both of the following can be shown: (1) that the
`
`process as claimed can be used to make another and materially different product or (2)
`
`that the product as claimed can be made by another and materially different process
`
`(MPEP § 806.05(f)). In the instant case the process as claimed can be used to make
`
`another and materially different product.
`
`3. (cid:9)
`
`Inventions III and II are related as combination and subcombination. Inventions
`
`in this relationship are distinct if it can be shown that (1) the combination as claimed
`
`does not require the particulars of the subcombination as claimed for patentability, and
`
`(2) that the subcombination has utility by itself or in other combinations (MPEP §
`
`806.05(c)). In the instant case, the combination as claimed does not require the
`
`particulars of the subcombination as claimed because the subcombination has utility by
`
`000439
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`

`
`Application/Control Number: 12/569,659 (cid:9)
`Art Unit: 3673
`
`Page 3
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`itself or in other combinations. The subcombination has separate utility such as a couch
`
`cover.
`
`The examiner has required restriction between combination and subcombination
`
`inventions. Where applicant elects a subcombination, and claims thereto are
`
`subsequently found allowable, any claim(s) depending from or otherwise requiring all
`
`the limitations of the allowable subcombination will be examined for patentability in
`
`accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if
`
`any claim presented in a continuation or divisional application is anticipated by, or
`
`includes all the limitations of, a claim that is allowable in the present application, such
`
`claim may be subject to provisional statutory and/or nonstatutory double patenting
`
`rejections over the claims of the instant application.
`
`4. (cid:9)
`
`Restriction for examination purposes as indicated is proper because all these
`
`inventions listed in this action are independent or distinct for the reasons given above
`
`and there would be a serious search and/or examination burden if restriction were not
`
`required because at least the following reason(s) apply:
`
`• the inventions have acquired a separate status in the art in view of their different
`
`classification
`
`• the inventions have acquired a separate status in the art due to their recognized
`
`divergent subject matter
`
`• the inventions require a different field of search (e.g., searching different classes
`
`/subclasses or electronic resources, or employing different search strategies or
`
`search queries).
`
`000440
`
`

`
`Application/Control Number: 12/569,659 (cid:9)
`Art Unit: 3673
`
`Page 4
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`Applicant is advised that the reply to this requirement to be complete must
`
`include (i) an election of a invention to be examined even though the requirement
`
`may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing
`
`the elected invention.
`
`The election of an invention may be made with or without traverse. To reserve a
`
`right to petition, the election must be made with traverse. If the reply does not distinctly
`
`and specifically point out supposed errors in the restriction requirement, the election
`
`shall be treated as an election without traverse. Traversal must be presented at the time
`
`of election in order to be considered timely. Failure to timely traverse the requirement
`
`will result in the loss of right to petition under 37 CFR 1.144. If claims are added after
`
`the election, applicant must indicate which of these claims are readable upon the
`
`elected invention.
`
`Should applicant traverse on the ground that the inventions are not patentably
`
`distinct, applicant should submit evidence or identify such evidence now of record
`
`showing the inventions to be obvious variants or clearly admit on the record that this is
`
`the case. In either instance, if the examiner finds one of the inventions unpatentable
`
`over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C.
`
`103(a) of the other invention.
`
`5. (cid:9)
`
`Applicant is reminded that upon the cancellation of claims to a non-elected
`
`invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one
`
`or more of the currently named inventors is no longer an inventor of at least one claim
`
`000441
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`

`
`Application/Control Number: 12/569,659 (cid:9)
`Art Unit: 3673
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`Page 5
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`remaining in the application. Any amendment of inventorship must be accompanied by
`
`a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
`
`6. (cid:9)
`
`The examiner has required restriction between product and process claims.
`
`Where applicant elects claims directed to the product, and the product claims are
`
`subsequently found allowable, withdrawn process claims that depend from or otherwise
`
`require all the limitations of the allowable product claim will be considered for rejoinder.
`
`AM claims directed to a nonelected process invention must require all the limitations of
`
`an allowable product claim for that process invention to be rejoined.
`
`In the event of rejoinder, the requirement for restriction between the product
`
`claims and the rejoined process claims will be withdrawn, and the rejoined process
`
`claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to
`
`be allowable, the rejoined claims must meet all criteria for patentability including the
`
`requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product
`
`are found allowable, an otherwise proper restriction requirement between product
`
`claims and process claims may be maintained. Withdrawn process claims that are not
`
`commensurate in scope with an allowable product claim will not be rejoined. See MPEP
`
`§ 821.04(b). Additionally, in order to retain the right to rejoinder in accordance with the
`
`above policy, applicant is advised that the process claims should be amended during
`
`prosecution to require the limitations of the product claims. Failure to do so may result
`
`in a loss of the right to rejoinder. Further, note that the prohibition against double
`
`patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement
`
`is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
`
`000442
`
`

`
`Application/Control Number: 12/569,659 (cid:9)
`Art Unit: 3673
`
`Page 6
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`7. (cid:9)
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to NICHOLAS POLITO whose telephone number is
`
`(571)270-5923. The examiner can normally be reac