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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 20, and 32 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new Stolpmann reference in response to the amendments as cited below teaches the limitations which the arguments concern, as detailed below, thus the arguments do not apply to the current rejection.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 11, 20, 21, 26-28, and 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chambers (US Patent Application Publication 20060080778) further in view of Vrzalik et al. (U.S. Patent No. 7,914,611 —herein referred to as Vrzalik) further in view of Stolpmann (US Patent Application Publication 20030046762) further in view of Zaiss (US Patent Application Publication 20140182061).
Regarding claim 1, Chambers teaches a bedding system comprising: a mattress (Figure 1; 10) including a top wall comprising a sleep surface (Figure 1; 12) an opposite inner surface, the sleep surface defining an unobstructed topmost surface of the mattress, the top wall having a plurality of air transfer ports (Figure 1; 22 (holes)) extending through the sleep surface to the opposite inner surface, the top wall being made from a breathable material (Paragraph 30 “In one illustrative embodiment, cover 12 includes a breathable material such as nylon, with micro vents, apertures or holes 22 creating a low air loss surface.”), the air transfer ports being larger than any pores inherently present in the breathable material (Paragraph 31 “cover 12 is perforated allowing air to flow from cover 12”), the mattress including a bottom wall (Figure 1; 14) comprising a bottom surface and an opposite inner surface, the bottom surface being opposite the sleep surface, the mattress including a side wall (Figure 1; sides at 4/15/2, as shown) that connects the top wall and the bottom wall, the bottom wall and the side wall being made of a material that prevents air flow therethrough (Paragraph 32, “In alternative embodiments, a moisture barrier layer is provided above or below base 14 to capture moisture from the patient allowing base 14 to be made from a non-breathable material.”), the inner surfaces of the top and bottom walls and an inner surface of the side wall defining a cavity having a fill material (Figure 1; 19) disposed therein such that the fill material extends from the inner surface of the top wall to the inner surface of the bottom wall, a hose comprising a first end (Figure 2; as shown); and a pressure generator (Figure 3; 36) coupled to a second end of the hose (Paragraph 38-40), and first and second sensors each configured to send a signal to adjust a fan speed of the pressure generator (Paragraphs 39-40). Chambers does not teach wherein the pressure generator is configured to create negative pressure to draw air, moisture or particles in the air transfer ports and/or the cavity through the cavity and into the pressure generator, and the air transfer ports being spaced apart, at least one of the walls defining a hole extending therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole, the first sensor being positioned in the mattress, the second sensor engaging the sleep surface and being positioned between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports. Vrzalik teaches wherein the pressure generator is configured to create negative pressure to draw air, moisture or particles in the air transfer ports and/or the cavity through the cavity and into the pressure generator (Figure 1). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and arrived at an air mattress with a negative pressure generator. One of ordinary skill in the art would have been motivated to make such a combination “to move air and the vapor inside and outside the multi-layer cover sheet” as taught in Vrzalik (Column 3; lines 65-67). Chambers, as modified, does not teach the air transfer ports being spaced apart, at least one of the walls defining a hole extending therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole, the first sensor being positioned in the mattress, the second sensor engaging the sleep surface and being positioned between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports. Stolpmann teaches the air transfer ports being spaced apart (Figure 4b; 42 are spaced apart as shown), wherein the system includes first and second sensors (Figure 4b; 28 and Figure 2b; 28), the first sensor being positioned in the mattress (Figure 2b; 28, left), the second sensor engaging the sleep surface (Figure 2b; 28; right is positioned on the sleep surface (see also Figure 1a)) and being positioned between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports (Figure 4b; 28 is positioned between and spaced from air transfer ports 42 as shown). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and arrived at an air mattress with a negative pressure generator, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination “for controlling the temperature modulator 72 and the circulator 34 via conventional connector means, such as electrical wiring or cable, based on the comparison of temperature signals 38 received from sensors 28 to the predetermined desired temperature for each support zone” (Stolpmann Paragraph 40). Chambers, as modified, does not teach at least one of the walls defining a hole extending therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole. Zaiss teaches at least one of the walls defining a hole extending therethrough (Paragraph 24 “The cover 22, 24 can also include an opening 25 through which the air delivery hose 16 can pass.” And Figure 2; 24, and at 25/16), the hole being in communication with the cavity; a hose (Figure 2; 16) comprising a first end positioned in the hole (Figure 2; 16 is positioned in the hole 25 as shown, see also Paragraph 24). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and arrived at an air mattress with a negative pressure generator including a side air hose attachment, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination in order to allow for the hose to be disconnected when desired and for the mattress to be free from pieces sticking out beyond the rectangular periphery in that case, thus allowing easier placement along walls and furniture or storage. Moreover, it has been held that the particular placement of a structure, where the placement does not affect operation, is not a patentable advance (see MPEP 2144.04 section VI.C}.
Regarding claim 2, Chambers, as modified, teaches the breathable material being cut so that the air transfer ports each extend through one or more of the fibers (Paragraphs 30-31 discuss that the material may be perforated to create apertures or holes, which would necessarily cut the fibers of the fabric into two pieces). Chambers as modified, does not teach the breathable material is made up of a plurality of woven fibers. Vrzalik teaches the breathable material is made up of a plurality of woven fibers (Column 18; lines 22-24). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and arrived at an air mattress with a negative pressure generator. One of ordinary skill in the art would have been motivated to make such a combination because the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 3, Chambers, as modified, teaches each of the air transfer ports divides one or more of the fibers into a first portion and a second portion that is separated from the first portion by one of the air transfer ports (Paragraphs 30-31 discuss that the material may be perforated to create apertures or holes, which would necessarily cut the fibers of the fabric into two pieces).
Regarding claim 4, Chambers, as modified, teaches the breathable material is made up of a plurality of non-woven fibers, the fibers being cut so that the air transfer ports each extend through one or more of the fibers (Paragraphs 30-31 discuss that the material may be nylon and that the material may be perforated to create apertures or holes, which would necessarily cut the fibers of the fabric into two pieces).
Regarding claim 5, Chambers, as modified, teaches the bottom surface and the side wall are each made from a non-porous material (Paragraph 32).
Regarding claim 11, Chambers, as modified, teaches a bedding system as recited in claim 1. Chambers, as modified, does not teach wherein a portion of the first end is positioned in the cavity. Zaiss teaches a portion of a first end of a hose (Figure 2; 16) positioned in a cavity (Figure 2; the inside of cover 24, or the inner side of 25) (Paragraph 24 describes air hose 16 passing through the opening 25, thus a portion would be on the inside of opening 25 and in the cavity. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and arrived at an air mattress with a negative pressure generator including a side air hose attachment, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination in order to allow for the hose to be disconnected when desired and for the mattress to be free from pieces sticking out beyond the rectangular periphery in that case, thus allowing easier placement along walls and furniture or storage. Moreover, it has been held that the particular placement of a structure, where the placement does not affect operation, is not a patentable advance (see MPEP 2144.04 section VI.C}. Chambers, as modified, does not teach the first and second sensors each configured to send a signal to adjust a fan speed of the pressure generator.
Regarding claim 20, Chambers teaches a bedding system consisting of: a bedding system comprising: a mattress (Figure 1; 10) including a top wall comprising a sleep surface (Figure 1; 12) and an opposite inner surface, the sleep surface having a plurality of air transfer ports (Figure 1; 22 (holes)), the sleep surface defining an unobstructed topmost surface of the mattress, the sleep surface being made from a breathable material (Paragraph 30 “In one illustrative embodiment, cover 12 includes a breathable material such as nylon, with micro vents, apertures or holes 22 creating a low air loss surface.”), the air transfer ports being larger than any pores inherently present in the breathable material (Paragraph 31 “cover 12 is perforated allowing air to flow from cover 12”), the mattress including a bottom wall (Figure 1; 14) comprising a bottom surface and an opposite inner surface, the bottom surface being opposite the sleep surface, the mattress comprising a side wall (Figure 1; sides at 4/15/2, as shown) that connects the top wall and the bottom wall, the bottom wall and the side wall being made of a material that prevents air flow therethrough (Paragraph 32, “In alternative embodiments, a moisture barrier layer is provided above or below base 14 to capture moisture from the patient allowing base 14 to be made from a non-breathable material.”), the inner surfaces of the top and bottom walls and an inner surface of the side wall defining a cavity having a fill material (Figure 1; 19) disposed therein such that the fill material extends continuously from the inner surface of the top wall to the inner surface of the bottom wall, a hose (Figure 2; as shown) comprising a first end; and a pressure generator (Figure 3; 36) coupled to a second end of the hose, a sensor configured to send a signal to adjust a fan speed of the pressure generator if a temperature exceeds a selected threshold temperature (Paragraphs 39-40); wherein the breathable material is made up of a plurality of fibers, the fibers being cut so that the air transfer ports each extend through one or more of the fibers, each of the air transfer ports dividing one or more of the fibers into a first portion and a second portion that is separated from the first portion by one of the air transfer ports (Paragraphs 30-31 discuss that the material may be perforated to create apertures or holes, which would necessarily cut the fibers of the fabric into two pieces). Chambers does not teach wherein the pressure generator is configured to create negative pressure to draw air, moisture or particles in the air transfer ports and/or the cavity through the cavity and into the pressure generator and, wherein the fibers are woven fibers, and the air transfer ports being uniformly spaced apart, , at least one of the walls defining a hole therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole such that the first end of the hose extends into the cavity, and the sensor comprising a first sensor being positioned in the mattress, and a second sensor directly engaging the sleep surface and being positioned directly between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports. Vrzalik teaches wherein the pressure generator is configured to create negative pressure to draw air, moisture or particles in the air transfer ports and/or the cavity through the cavity and into the pressure generator (Figure 1) and the fibers are woven fibers (Column 18; lines 22-24). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and arrived at an air mattress with a negative pressure generator. Chambers, as modified, does not teach the air transfer ports being uniformly spaced apart, at least one of the walls defining a hole therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole such that the first end of the hose extends into the cavity, and the sensor comprising a first sensor being positioned in the mattress, and a second sensor directly engaging the sleep surface and being positioned directly between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports. Stolpmann teaches the air transfer ports being uniformly spaced apart (Figure 4b; 42 are spaced apart as shown), the sensor comprising first and second sensors (Figure 4b; 28 and Figure 2b; 28), the first sensor being positioned in the mattress (Figure 2b; 28, left), the second sensor engaging the sleep surface (Figure 2b; 28; right is positioned on the sleep surface (see also Figure 1a)) and being positioned between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports (Figure 4b; 28 is positioned between and spaced from air transfer ports 42 as shown). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and arrived at an air mattress with a negative pressure generator, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination “for controlling the temperature modulator 72 and the circulator 34 via conventional connector means, such as electrical wiring or cable, based on the comparison of temperature signals 38 received from sensors 28 to the predetermined desired temperature for each support zone” (Stolpmann Paragraph 40). Chambers, as modified, does not teach at least one of the walls defining a hole therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole such that the first end of the hose extends into the cavity. Zaiss teaches at least one of the walls defining a hole extending therethrough (Paragraph 24 “The cover 22, 24 can also include an opening 25 through which the air delivery hose 16 can pass.” And Figure 2; 24, and at 25/16), the hole being in communication with the cavity; a hose (Figure 2; 16) comprising a first end positioned in the hole (Figure 2; 16 is positioned in the hole 25 as shown, see also Paragraph 24) such that the first end of the hose extends into the cavity. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and arrived at an air mattress with a negative pressure generator including a side air hose attachment, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination in order to allow for the hose to be disconnected when desired and for the mattress to be free from pieces sticking out beyond the rectangular periphery in that case, thus allowing easier placement along walls and furniture or storage. Moreover, it has been held that the particular placement of a structure, where the placement does not affect operation, is not a patentable advance (see MPEP 2144.04 section VI.C}.
Regarding claim 21, Chambers, as modified, teaches the side wall extends continuously from the inner surface of the top wall to the inner surface of the bottom wall (Figure 1; side wall is from the planar surface marked at 18 until the planar surface marked at 12).
Regarding claim 26, Chambers, as modified, does not teach the hole extends through opposite inner and outer surfaces of the side wall. Zaiss teaches the hole extends through opposite inner and outer surfaces of the side wall (Figure 2; 25 as shown, and Paragraph 24 “The cover 22, 24 can also include an opening 25 through which the air delivery hose 16 can pass.”). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and arrived at an air mattress with a negative pressure generator including a side air hose attachment, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination in order to allow for the hose to be disconnected when desired and for the mattress to be free from pieces sticking out beyond the rectangular periphery in that case, thus allowing easier placement along walls and furniture or storage. Moreover, it has been held that the particular placement of a structure, where the placement does not affect operation, is not a patentable advance (see MPEP 2144.04 section VI.C}. Chambers, as modified, does not teach the first and second sensors each configured to send a signal to adjust a fan speed of the pressure generator.
Regarding claim 27, Chambers, as modified, teaches each of the air transfer ports divides one or more of the fibers into a first portion and a second portion that is separated from the first portion by one of the air transfer ports (Paragraphs 30-31 discuss that the material may be perforated to create apertures or holes, which would necessarily cut the fibers of the fabric into two pieces).
Regarding claim 28, Chambers, as modified, teaches the breathable material is formed from a fabric that is made up of a plurality of woven or non-woven fibers that are arranged to form the fabric (Paragraphs 30-31).
Regarding claim 30, Chambers does not teach the fill material comprises a plurality of springs. Vrzalik teaches the fill material comprises a plurality of springs (Figure 3; 142). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and arrived at an air mattress with a negative pressure generator. One of ordinary skill in the art would have been motivated to make such a combination “to move air and the vapor inside and outside the multi-layer cover sheet” as taught in Vrzalik (Column 3; lines 65-67).
Regarding claim 31, Chambers, as modified, teaches the bottom wall extends is continuously planar from a first side of the side wall to an opposite second side of the side wall (Figure 1; where 18 is marked is a planar surface).
Claim(s) 7 and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chambers (US Patent Application Publication 20060080778) further in view of Vrzalik et al. (U.S. Patent No. 7,914,611 —herein referred to as Vrzalik) in view of Stolpmann (US Patent Application Publication 20030046762) in view of Zaiss (US Patent Application Publication 20140182061) in view of Lachenbruch et al. (U.S. Patent No. 9,463,124 herein referred to as Lachenbruch).
Regarding claim 7, Chambers, as modified, teaches a bedding system as recited in claim 1. Examiner notes that Chambers teaches multiple sensors controlling fan speed (Paragraphs 39- 40). Chambers, as modified, does not teach wherein the system includes a third sensor configured to send a signal to adjust a fan speed of the pressure generator, the third sensor being positioned in the hose. Lachenbruch teaches in Figures 2 and GA a bedding system including a third sensor {215} configured to send a signal to adjust a fan speed of a pressure generator (245; col. 9, lines 38-44, col. 4, lines 27-44}, the third sensor being positioned in the hose {col. 9, lines 29-31}. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Lachenbruch (directed to a hose sensor) and arrived at an air mattress with a negative pressure generator including a side air hose attachment and hose sensor, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination so that “the operating parameters of the air box 18 (blower speed and conditioning unit operation) continue to be adjusted based on environmental conditions surrounding the bed 10 detected by the environmental sensor unit 15 so that the microclimate system 12 is adapted to provide rated performance levels of heat withdrawal and evaporative capacity in almost any environment.” (Lachenbruch Column 8; line 66- Column 9; line 5).
Regarding claim 22, Chambers, as modified, teaches a bedding system as recited in claim 1. Chambers, as modified, does not teach wherein the system includes a temperature sensor configured to send a signal to adjust the fan speed of the pressure generator, the temperature sensor being positioned in the hose. Lachenbruch teaches in Figures 2 and GA a bedding system including a temperature sensor {215, see also Column 9; lines 21-30} configured to send a signal to adjust the fan speed of a pressure generator (245; col. 9, lines 38-44, col. 4, lines 27-44}, the temperature sensor being positioned in the hose {col. 9, lines 29-31}. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Lachenbruch (directed to a hose sensor) and arrived at an air mattress with a negative pressure generator including a side air hose attachment and hose sensor, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination so that “the operating parameters of the air box 18 (blower speed and conditioning unit operation) continue to be adjusted based on environmental conditions surrounding the bed 10 detected by the environmental sensor unit 15 so that the microclimate system 12 is adapted to provide rated performance levels of heat withdrawal and evaporative capacity in almost any environment.” (Lachenbruch Column 8; line 66- Column 9; line 5).
Regarding claim 23, Chambers, as modified, teaches a bedding system as recited in claim 1. Chambers, as modified, does not teach wherein the system includes a humidity sensor configured to send a signal to adjust the fan speed of the pressure generator, the humidity sensor 3 being positioned in the hose. Lachenbruch teaches in Figures 2 and GA a bedding system including a humidity sensor {215, see also Column 9; lines 21-30} configured to send a signal to adjust the fan speed of a pressure generator (245; col. 9, lines 38-44, col. 4, lines 27- 44}, the humidity sensor being positioned in the hose {col. 9, lines 29-31}. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Lachenbruch (directed to a hose sensor) and arrived at an air mattress with a negative pressure generator including a side air hose attachment and hose sensor, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination so that “the operating parameters of the air box 18 (blower speed and conditioning unit operation) continue to be adjusted based on environmental conditions surrounding the bed 10 detected by the environmental sensor unit 15 so that the microclimate system 12 is adapted to provide rated performance levels of heat withdrawal and evaporative capacity in almost any environment.” (Lachenbruch Column 8; line 66- Column 9; line 5).
Regarding claim 24, Chambers, as modified, teaches the system includes a temperature sensor and a humidity sensor, the temperature and humidity sensors each being configured to send a signal to adjust the fan speed of the pressure generator (Paragraphs 39-40). Chambers, as modified, does not teach wherein the temperature sensor and humidity sensor being positioned in the hose. Lachenbruch teaches in Figures 2 and GA a bedding system including a temperature sensor and a humidity sensor {215, see also Column 9; lines 21-30} the temperature and humidity sensors each being configured to send a signal to adjust the fan speed of a pressure generator (245; col. 9, lines 38-44, col. 4, lines 27-44}, the temperature sensor and a humidity sensor being positioned in the hose {col. 9, lines 29-31}. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Lachenbruch (directed to a hose sensor) and arrived at an air mattress with a negative pressure generator including a side air hose attachment and hose sensor, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination so that “the operating parameters of the air box 18 (blower speed and conditioning unit operation) continue to be adjusted based on environmental conditions surrounding the bed 10 detected by the environmental sensor unit 15 so that the microclimate system 12 is adapted to provide rated performance levels of heat withdrawal and evaporative capacity in almost any environment.” (Lachenbruch Column 8; line 66- Column 9; line 5).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chambers (US Patent Application Publication 20060080778) further in view of Vrzalik et al. (U.S. Patent No. 7,914,611 herein referred to as Vrzalik) in view of Stolpmann (US Patent Application Publication 20030046762) in view of Zaiss (US Patent Application Publication 20140182061) in view of Lachenbruch (U.S. Patent No. 9,463,124 — herein referred to as Lachenbruch) in view of Kawaguri (US Patent 5299428).
Regarding claim 25, Chambers, as modified, does not teach the temperature sensor is spaced apart from the humidity sensor. Kawaguri teaches the temperature sensor is spaced apart from the humidity sensor (Figure 1 shows temperature sensors 3 and humidity sensors 4 spaced from each other in a measurement area). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Lachenbruch (directed to a hose sensor) and Kawaguri and arrived at an air mattress with a negative pressure generator including a side air hose attachment and hose sensor, air transfer ports, and spaced sensors. One of ordinary skill in the art would have been motivated to make such a combination in order to allow for easy repairs of each sensor without affecting the other sensor.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chambers (US Patent Application Publication 20060080778) further in view of Vrzalik et al. (U.S. Patent No. 7,914,611 herein referred to as Vrzalik) in view of Stolpmann (US Patent Application Publication 20030046762) in view of Zaiss (US Patent Application Publication 20140182061) in view of Aramli (US Patent Application Publication 20150121620).
Regarding claim 29, Chambers, as modified, teaches the pressure generator includes a power unit (Figure 3; 20), the power unit comprising a fan (Figure 3; 20 is a fan). Chambers does not teach the system comprising a pipe having a first end coupled to the power unit and an opposite second end removably coupled to the second end of the hose. Aramli teaches the system comprising a pipe (Figure 2; 120) having a first end coupled to the power unit (Figure 2; 10) and an opposite second end removably coupled to the second end of the hose (Figure 2; hose 116 is attached to the other end of pipe 120). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Aramli (directed to a pipe connection for the air hose) and arrived at an air mattress with a negative pressure generator including a side air hose attachment including a pipe, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination to allow removal of the hose for more compact storage.
Allowable Subject Matter
Claim 32 is allowed.
The following is an examiner’s statement of reasons for allowance. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Although the various components of claim 32 exist in the prior art, the combination of all of the components would constitute improper hindsight. Included below is a sample rejection of claim 32, but as can be seen in the sample rejection, it would require 8 references to reject claim 32, which would not have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention. Thus, claim 32 is allowable over the art.
Sample Rejection:
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chambers (US Patent Application Publication 20060080778) further in view of Vrzalik et al. (U.S. Patent No. 7,914,611 herein referred to as Vrzalik) in view of Stolpmann (US Patent Application Publication 20030046762) in view of Zaiss (US Patent Application Publication 20140182061) in view of Allen (US Patent 5473783) in view of Kawaguri (US Patent 5299428) in view of Lachenbruch et al. (U.S. Patent No. 9,463,124 — herein referred to as Lachenbruch) in view of DeFranks (US Patent 9326616).
Regarding claim 32, Chambers teaches a bedding system consisting of: a mattress (Figure 1; 10) including a top wall comprising a sleep surface (Figure 1; 12) an opposite inner surface, the sleep surface having a plurality of air transfer ports (Figure 1; 22 (holes)), the sleep surface defining an unobstructed topmost surface of the mattress, the sleep surface being made from a breathable material (Paragraph 30 “In one illustrative embodiment, cover 12 includes a breathable material such as nylon, with micro vents, apertures or holes 22 creating a low air loss surface.”), the air transfer ports being larger than any pores inherently present in the breathable material (Paragraph 31 “cover 12 is perforated allowing air to flow from cover 12”), the mattress including a bottom wall (Figure 1; 14) comprising a bottom surface and an opposite inner surface, the bottom surface being opposite the sleep surface, the mattress including a side wall (Figure 1; sides at 4/15/2, as shown) that connects the top wall and the bottom wall, the bottom wall and the side wall being made of a material that prevents air flow therethrough (Paragraph 32, “In alternative embodiments, a moisture barrier layer is provided above or below base 14 to capture moisture from the patient allowing base 14 to be made from a non- breathable material.”), the inner surfaces of the top and bottom walls and an inner surface of the side wall defining a cavity (Figure 1; 19) the cavity having a uniform height between opposite sides of the side wall and opposite ends of the side wall, the height being defined by a distance between the inner surfaces of the top and bottom walls (Figures 1 and 2, as shown), a hose (Figure 2; as shown) comprising a first end, and a pressure generator (Figure 3; 36) coupled to a second end of the hose; a temperature sensor configured to send a signal to adjust a fan speed of the pressure generator if a temperature exceeds a selected threshold temperature (Paragraphs 39-40), and a humidity sensor configured to send a signal to adjust the fan speed of the pressure generator if a humidity exceeds a selected threshold humidity (Paragraphs 39-40), and wherein the breathable material is made up of a plurality of non-woven fibers, the fibers being cut so that the air transfer ports each extend through one or more of the fibers, each of the air transfer ports dividing one or more of the fibers into a first portion and a second portion that is separated from the first portion by one of the air transfer ports (Paragraphs 30- 31 discuss that the material may be nylon and Paragraphs 30-31 discuss that the material may be perforated to create apertures or holes, which would necessarily cut the fibers of the fabric into two pieces). Chambers does not teach the inner surfaces and an inner surface of the side wall defining a cavity having a plurality of springs disposed therein such that the springs extend continuously from the inner surface of the top wall to the inner surface of the bottom wall, the first end of the hose extends into the cavity, the hose being positioned equidistant between the top and bottom walls; the temperature sensor being positioned in the hose; the humidity sensor being positioned in the hose such that the humidity sensor is spaced apart from the temperature sensor, wherein the pressure generator is configured to create negative pressure to draw air, moisture or particles in the air transfer ports and/or the cavity through the cavity and into the pressure generator, and the air transfer ports being uniformly spaced apart, at least one of the walls defining a hole extending therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole such that the first end extends into the cavity, first and second sensors each configured to send a signal to adjust a fan speed of the pressure generator if a temperature exceeds a selected threshold temperature, the first sensor being positioned in the mattress, the second sensor engaging the sleep surface and being positioned directly between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports. Vrzalik teaches wherein the pressure generator is configured to create negative pressure to draw air, moisture or particles in the air transfer ports and/or the cavity through the cavity and into the pressure generator. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and arrived at an air mattress with a negative pressure generator. One of ordinary skill in the art would have been motivated to make such a combination “to move air and the vapor inside and outside the multi-layer cover sheet” as taught in Vrzalik (Column 3; lines 65-67). Chambers, as modified, does not teach the inner surfaces and an inner surface of the side wall defining a cavity having a plurality of springs disposed therein such that the springs extend continuously from the inner surface of the top wall to the inner surface of the bottom wall, the first end of the hose extends into the cavity, the hose being positioned equidistant between the top and bottom walls; the temperature sensor being positioned in the hose; the humidity sensor being positioned in the hose such that the humidity sensor is spaced apart from the temperature sensor, the air transfer ports being uniformly spaced apart, at least one of the walls defining a hole extending therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole such that the first end extends into the cavity, first and second sensors each configured to send a signal to adjust a fan speed of the pressure generator if a temperature exceeds a selected threshold temperature, the first sensor being positioned in the mattress, the second sensor engaging the sleep surface and being positioned directly between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports. Stolpmann teaches the air transfer ports being uniformly spaced apart (Figure 4b; 42 are spaced apart as shown), wherein the system includes first and second sensors (Figure 4b; 28 and Figure 2b; 28), the first sensor being positioned in the mattress (Figure 2b; 28, left), the second sensor engaging the sleep surface (Figure 2b; 28; right is positioned on the sleep surface (see also Figure 1a)) and being positioned directly between two of the air transfer ports such that the second sensor is spaced apart from each of the air transfer ports (Figure 4b; 28 is positioned between and spaced from air transfer ports 42 as shown). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and arrived at an air mattress with a negative pressure generator, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination “for controlling the temperature modulator 72 and the circulator 34 via conventional connector means, such as electrical wiring or cable, based on the comparison of temperature signals 38 received from sensors 28 to the predetermined desired temperature for each support zone” (Stolpmann Paragraph 40). Chambers, as modified, does not teach the inner surfaces and an inner surface of the side wall defining a cavity having a plurality of springs disposed therein such that the springs extend continuously from the inner surface of the top wall to the inner surface of the bottom wall, the first end of the hose extends into the cavity, the hose being positioned equidistant between the top and bottom walls; the temperature sensor being positioned in the hose; the humidity sensor being positioned in the hose such that the humidity sensor is spaced apart from the temperature sensor, at least one of the walls defining a hole extending therethrough, the hole being in communication with the cavity; a hose comprising a first end positioned in the hole such that the first end extends into the cavity. Zaiss teaches at least one of the walls defining a hole extending therethrough (Paragraph 24 “The cover 22, 24 can also include an opening 25 through which the air delivery hose 16 can pass.” And Figure 2; 24, and at 25/16), the hole being in communication with the cavity; a hose (Figure 2; 16) comprising a first end positioned in the hole (Figure 2; 16 is positioned in the hole 25 as shown, see also Paragraph 24) such that the first end extends into the cavity. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and arrived at an air mattress with a negative pressure generator including a side air hose attachment, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination in order to allow for the hose to be disconnected when desired and for the mattress to be free from pieces sticking out beyond the rectangular periphery in that case, thus allowing easier placement along walls and furniture or storage. Moreover, it has been held that the particular placement of a structure, where the placement does not affect operation, is not a patentable advance (see MPEP 2144.04 section VI.C}. Chambers, as modified, does not teach the inner surfaces and an inner surface of the side wall defining a cavity having a plurality of springs disposed therein such that the springs extend continuously from the inner surface of the top wall to the inner surface of the bottom wall, the hose being positioned equidistant between the top and bottom walls; the temperature sensor being positioned in the hose; the humidity sensor being positioned in the hose such that the humidity sensor is spaced apart from the temperature sensor. Allen teaches the hose being positioned equidistant between the top and bottom walls (Figure 2; as shown). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Allen (directed to a hose centered on a sidewall) and arrived at an air mattress with a negative pressure generator including a centered side air hose attachment, air transfer ports, and sensors. One of ordinary skill in the art would have been motivated to make such a combination in order for the hose to balance the stress of the attachment between the upper and lower sheets. Chambers, as modified, does not teach the inner surfaces and an inner surface of the side wall defining a cavity having a plurality of springs disposed therein such that the springs extend continuously from the inner surface of the top wall to the inner surface of the bottom wall, the temperature sensor being positioned in the hose; the humidity sensor being positioned in the hose such that the humidity sensor is spaced apart from the temperature sensor. Kawaguri teaches the temperature sensor is spaced apart from the humidity sensor (Figure 1 shows temperature sensors 3 and humidity sensors 4 spaced from each other in a measurement area). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Allen (directed to a hose centered on a sidewall) and Kawaguri (directed to spaced sensors) and arrived at an air mattress with a negative pressure generator including a centered side air hose attachment, air transfer ports, and spaced sensors. One of ordinary skill in the art would have been motivated to make such a combination to allow for easy repairs of each sensor without affecting the other sensor. Moreover, it has been held that the particular placement of a structure, where the placement does not affect operation, is not a patentable advance (see MPEP 2144.04 section VI.C}. order for the hose to balance the stress of the attachment between the upper and lower sheets. Chambers, as modified, does not teach the inner surfaces and an inner surface of the side wall defining a cavity having a plurality of springs disposed therein such that the springs extend continuously from the inner surface of the top wall to the inner surface of the bottom wall, the temperature and humidity sensor being positioned in the hose. Lachenbruch teaches the sensors being positioned in the hose (col. 9, lines 29-31). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Chambers (directed to an air mattress system) and Vrzalik (directed to an air mattress with a negative pressure generator) and Stolpmann (directed to an air mattress with air transfer ports and sensors) and Zaiss (directed to a side air hose attachment) and Allen (directed to a hose centered on a sidewa