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 Amendment
Applicant’s amendment, filed 9 August 2025, is acknowledged. Claim 1 is amended. Claims 2-3, 5-8 and 17-21 were previously cancelled. Claims 22-24 are new.
Claims 1, 4, 9-16, and 22-24 are pending in the instant application.
Response to Arguments
Applicant’s arguments, filed 9 August 2025, with respect to the rejection(s) of claim(s) 1, 4, and 9-16 under 35 USC 103 have been fully considered and are persuasive in view of the interview on 6 August 2025. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Takahashi (JPH07225042A) in view of Sato (JP2004053102A), and further in view of Wei (CN108592367A) and Oobyashi (US20160334121AI).
Claim Objections
Claim 24 is objected to because of the following informalities: Claim 24 recites “according to first control” but should read --according to a first control--. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4, 9, 10, 15-16 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (JPH07225042A) in view of Sato (JP2004053102A) and further in view of Wei (CN108592367A) and Oobyashi (US20160334121Al).
Regarding claim 1, Takahashi discloses a sleeper supporting device (Abstract) comprising an air flow discharging device (Paragraph [0057], Figure 8 breeze control unit “5”, a breeze output unit “6”, a radiation control unit “7”, and a radiation output unit “8”) including a discharging port (output units “6” and “8”), the air flow discharging device being configured to intermittently discharge an air flow through the discharging port (control units “5” and “6” would control the off and on functions of the device, reading on intermittently) so that airflow hits a target person periodically (Paragraph [0057]) and exerts a predetermined effect (Paragraph [0057] a breeze or radiation unit would have a cooling or heating effect), the target person being a sleeper (Abstract) and the air flow regulator is further configured to regulate a direction of the air flow so that the air flow hits the body of the sleeper ([0076] "The wind direction control unit 5b has a wind source position determination unit 13 and a wind source position moving unit 14. The wind source position determination unit 13 determines how to move the breeze output unit 6 to always hit the face in order to apply a breeze to the face position detected by the face direction detection unit 11 ...").
Takahashi fails to explicitly disclose the air flow discharging device being further configured to intermittently discharge the air flow through the discharging port so that the air flow hits the sleeper at a predetermined rhythm and the air flow discharging device being a vortex ring generator that generates the air flow by extruding the air such that the air is discharged as a vortex-ring-shaped air flow through the discharging port. Sato discloses an air flow discharging device (Page 1 "an air blowing unit") comprising: a discharging port (Figures 1-3 air blow port "13"), the air flow discharging device being configured to intermittently discharge an air flow through the discharging port so that an air flow that exerts a predetermined effect hits a target person periodically (Figures 1-2 Page 4 "The vortex rings C1, C2, C3, C4, and CS made of air conditioned to a desired temperature are gradually blown down at predetermined intervals, and the vortex ring C is gradually diffused on the lower side. Since it is a layer of cold air or warm air, for example, it becomes possible to perform spot-reliable and efficient air conditioning for a user on the floor F.,"). Sato discloses the air flow discharging device is further configured to intermittently discharge the air flow through the discharging port so that the air flow hits the target person at a predetermined rhythm (Figures 1-2 Page 4 "The vortex rings C1, C2, C3, C4, and CS made of air conditioned to a desired temperature are gradually blown down at predetermined intervals, and the vortex ring C is gradually diffused on the lower side. Since it is a layer of cold air or warm air, for example, it becomes possible to perform spot-reliable and efficient air conditioning for a user on the floor F.,"). Sato further discloses the air flow discharging device is a vortex ring generator that has an extruding mechanism configured to carry air, and (Page 4 Figure 1 "a pressurized displacement sound (vibration sound with high sound pressure) is simultaneously generated from the diaphragm "11" downward,") configured such that air extruded by the extruding mechanism is discharged as a vortex-ring-shaped air flow through the discharging port (Figures 1-2 Page 4 "The vortex rings C1, C2, C3, C4, and CS made of air conditioned to a desired temperature are gradually blown down at predetermined intervals, and the vortex ring C is gradually diffused on the lower side. Since it is a layer of cold air or warm air, for example, it becomes possible to perform spot-reliable and efficient air conditioning for a user on the floor F.,"). As Takahashi teaches a sleep supporting device that includes an air flow discharging device and Sato teaches an air blowing unit, it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device as taught by Takahashi, with the air blowing device as taught by Sato, since Sato’s device operates with a lower operational noise (Abstract) thereby improving a user’s sleep.
Modified Takahashi fails to disclose the air flow regulator including a movable nozzle having the discharging port the air flow regulator being configured to adjust the direction of the air flow by moving the movable nozzle. Wei discloses a system for delivering vortex rings to an intended target (Abstract), wherein the ring-vortex generator is mounted a gear assembly (Figure 1) to rotate the vortex generator and the system uses an electric push rod to move the generator vertically (Figure 1). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device as taught by modified Takahashi, with the air flow regulator including a movable nozzle (moving the entire vortex generation would include the nozzle) with the air flow regulator being configured to adjust the direction of the air flow by moving the movable nozzle as taught by Wei, since Wei’s modification would ensure the ring vortex could be customized for personal temperature requirements (Page 3).
Modified Takahashi fails to explicitly teach the air flow hits a torso part of the sleeper. Oobyashi discloses an environment control system in which the cool air can be blown directly onto the upper body (torso is included in the upper body) while warm air is blown directly onto the feet to create a desired stimulus (Paragraph [0089]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device as taught by modified Takahashi, with air blowing onto the user’s torso as taught by Oobyashi, since the modification of Oobyashi would allow the device of modified Takahashi to create the desired stimulation in various environmental conditions (Paragraph [0087]-[0088]).
Regarding claim 4, Sato discloses the air flow discharging device includes an extruding mechanism of the air blowing unit of the modified device having a driver and a vibrating plate configured to be driven by the driver (Page 4 "The diaphragm 11 is intermittently vibrated and driven by a predetermined actuator similar to the conventional one.").
Regarding claim 9, Takahashi discloses a sensor configured to acquire biological information of the sleeper, the air flow regulator being further configured to change the air flow based on biological information acquired by the sensor (Paragraph [0066] “The skin surface temperature detected by the skin temperature detection unit 2 by the human body temperature sensor 1 and the room temperature detected by the room temperature detection unit 4 by the room temperature sensor 3 are input to the breeze control unit 5 and the radiation control unit 7. As a result, the optimum breeze and radiation control pattern is determined based on these signals, and the breeze is output from the breeze output unit 6 and the radiation is output from the radiation output unit 8 toward the human body C, and is output from the surface of the human body C. Control the amount of heat radiation. Both the breeze and the radiation may be output at the same time, or one of them may be output separately.”).
Regarding claim 10, Takahashi discloses a sensor configured to acquire positional information of the sleeper, the air flow regulator being further configured to change the air flow based on positional information of the sleeper acquired by the sensor (Paragraph [0076] "The wind direction control unit 5b has a wind source position determination unit 13 and a wind source position moving unit 14. The wind source position determination unit 13 determines how to move the breeze output unit 6 to always hit the face in order to apply a breeze to the face position detected by the face direction detection unit 11.”)
Regarding claim 15, Sato discloses the air blowing unit of the modified device includes a component supplier configured to add a predetermined discharge component to the air flow (Page 4 “Therefore, according to such a configuration, it becomes possible to reliably apply the desired harmonious air that has been airconditioned, dehumidified, cleaned, added aroma, etc. to the user's position in a spot-like manner.” It would be obvious that the added aroma would have to be injected into the air flow).
Regarding claim 16, Sato discloses the air blowing unit of the modified device is configured to be installed at a ceiling (Page 4 "FIG. 1 shows a configuration when a ceiling-embedded air conditioner is formed by using the air blowing unit, and FIG. 2 shows an air blowing state from an air blowing unit portion in the device. Shows the detailed structure of the air blowing unit part. First, in FIG. 1, reference numeral 1 is an air blowing unit, 2 is a room to be air-conditioned, 3 is a ceiling portion above the room 2, and 3a is a ceiling for installing an air-conditioning device above the ceiling portion 3.").
Regarding claim 22, Wei discloses the air flow regulator includes a motor and a rotary shaft configured to move the movable nozzle to adjust the direction of the air flow (Figure 3, Electric push rod comprises a moving rod “18” and a screw motor “20”).
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (JPH07225042A), Sato (JP2004053102A), Wei (CN108592367A), and Oobyashi (US20160334121A1) as applied to claim 1 above, and further in view of Kondo (JP2007044201A).
Regarding claim 11, Takahashi, as modified in claim 1, fails to disclose the air flow discharging device is further configured to discharge the air flow during a period of time in which the sleeper is caused to sleep. Kondo discloses a sleep environment adjusting system and method by controlling light, sound and temperature for forming a comfortable sleep environment (Abstract). Kondo discloses controlling the air conditioning means in preparation for inducing sleep ([0047], [0053]-[0055]; fig. 5). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device as taught by modified Takahashi with the air flow discharging device is further configured to discharge the air flow during a period of time in which the sleeper is caused to sleep as taught by Kondo since utilizing the device as taught by modified Takahashi in the system taught by Kondo would further improve the motivation of Takahashi to induce sleep since Kondo incorporates a more inclusive environment and controls the environment to proper prepare the sleeper to fall asleep.
Regarding claim 12, Kondo further teaches the air flow discharging device is further configured to discharge the air flow at a time of wake-up during a period of time in which the sleeper is caused to be awakened ([0064]-[0065]; fig. 5, As Kondo teaches the temperature is increased during the wake up period, the system would alter the air flow discharge in some manner).
Regarding claim 13, Kondo further teaches the sleep environment adjusting system includes lights so that an illumination device configured to illuminate a target space in which the sleeper is present (Fig. 4 lighting devices "14A" and "14B". The lights are configured to light up the room when turned on), and a control unit configured to control the illumination device in conjunction with the air flow discharging device (Paragraphs [0048], [0052], [0061-0063], [0072-0075], The same control system that controls the air conditioning controls the lights).
Regarding claim 14, Kondo further teaches the sleep environment adjusting system includes a sound generator (Fig. 4 sound generating means "16", [0048] "sound generating means 16 is attached to the headboard 22 of the bed 20, and the headboard 22 functions as a speaker"), and a controller including a processor, the controller configured to control the sound generator to transmit sound to a target space in which the sleeper is present in coordination with the air flow discharging device (Paragraphs [0048], [0052], [0061-0063], [0072-0075], The same control system that controls the air conditioning controls the sound generator).
Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (JPH07225042A), Sato (JP2004053102A), Wei (CN108592367A), and Oobyashi (US20160334121A1) as applied to claim 1 above, and further in view of Oshima (JP2000176339A).
Regarding claim 22, Takahashi, as modified in claim 1, fails to explicitly disclose the air flow regulator is configured to change a period and a velocity of the air flow discharged from the discharging port. Oshima discloses an air conditioning system that utilizes a vortex ring generator to control an objective position and distance of the vortex ring (Abstract). Oshima further discloses the system comprises a control device for controlling the blow-off pressure or speed of the vortex ring and the blow-off interval of the vortex ring (Abstract). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device as taught by modified Takahashi with the air flow discharging device comprising a control device for controlling the blow-off pressure or speed of the vortex ring and the blow-off interval of the vortex ring from the air flow regulator as taught by Oshima since such a modification would provide the predictable results of allowing the system to control the objective position and distance of the vortex ring (Abstract).
Regarding claim 24, Oshima discloses the control device is provided, wherein a time interval for discharging a vortex ring, an ejection speed, or a pressure of a pressurizing means can be controlled to a different value for each vortex ring which is continuously blown (Page 4). As such the modified Takahashi device of claim 22, would be configured to selectively control the air flow regulator to different periods and velocities of air flow.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A Marmor II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791