DETAILED ACTION
This office action is responsive to the amendment filed 12/15/2025. As directed, claim 1 has been amended and claims 3, 4, 6,and 9 have been canceled. Thus claims 1,2, 5, 7, 8 and 10-22 are currently pending.
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 .
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.
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, 2, 5, 7, 8, 10, 11, 13-15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (2013/0180530) in view of Liang (5,429,585), Wijesundara et al. (11,679,047) and Patrick (9,661,928).
Regarding claim 1, Choi discloses a support cushion able to provide vibrational therapy and ameliorate the incidence of pressure ulcers, the support cushion comprising an open or closed cell support structure (fig. 36B, [0011] lines 1-5, [0098] lines 1-4, [0174]); a cavity (as shown, in figs. 5, 22, and 36, the cushion is U-shaped having a central recess/cavity within two vertical walls) formed within the support structure; at least one vibrational device (58, para.[0100], and/or bladder assembly 140 zones 220-228; [0136]) located within the cavity imparting vibration to the support structure([0100] lines 1-15, zones [0035]; as shown, the vibration devices are within the recess/cavity); a controller (i.e. 312, 257, 302,) controlling operation of the vibrational device to adjust one or more of intensity, duration and location of vibrations in a predetermined manner according to a selected programmed of any one of a number of selectable programmed (para. [0035 & 0137, [0170]: these selective zones may vibrate at a selected frequency and/or amplitude and may be actuated at fixed intervals or times), and at least one sensor adapted to measure a weight distribution of a user on the support cushion (pressure sensor 306, fig. 30, 34 ([0024] disclose distributing the body pressure of the user around the pad and [0172] last 5 lines, [0142], and [0152]-[0154] disclose adjusting the pad via pressure detected from the sensors to distribute the body pressure detected); and the controller is configured to analyze signals from that sensor ([0172] last 5 lines, [0142], and [0152]-[0154] disclose analyzing sensor signals including with algorithms to distribute the body pressure detected).
Choi discloses at least one sensor (pressure sensor 306, fig. 30, 34) but does not specifically disclose the sensor is embedded in the cushion to adjust one or more of intensity, duration, and location of the vibrations depending on the measured weight distribution. However, Liang teaches the sensor (5) is embedded in the cushion (fig. 5 shows the sensor embedded) able to adjust one or more of intensity or duration (i.e. on/off) of the vibrations depending on the measured weight distribution (col. 3 lines 40-55 disclose the sensor can be used to adjust the vibrator on/off depending on the weight applied thereon thereby controlling intensity and/or duration). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the cushion and vibrators of Choi to turn off when not in use determined by weight sensing as taught by Liang to provide the advantage of enhanced power savings.
Choi discloses a controller (i.e. 312) and an algorithm ([0165] lines 1-5, [0142]) and substantially teaches the claimed invention except for the computer application program is executable by a processor on a mobile computing device wirelessly connected to the controller to select the program and receive data from the controller, the computing device comprising a graphical user interface. However, Wijesundara discloses the computer application program is executable by a processor on a mobile computing device (34) (col. 7 lines 15-20 disclose the GUI 34 can run on a mobile device such as a phone) connected to the controller (30) to select the program (col. 7 lines 1-15, col. 8 lines 1-35 disclose the GUI can select and toggle between pressure modulation programs) and receive data from the controller (col. 7 lines 15-23 disclose receiving sensor data), the computing device comprising a graphical user interface (GUI 34; col. 7 lines 1-67). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the program of Choi connected on a mobile computing device as taught by Wijesundara to provide the advantage of enhanced display, selection, and ease of use.
The modified Choi discloses a GUI on a mobile phone and connected to a controller (col. 7 lines 1-20 of Wijesundara) and discloses wireless connectivity (col. 10 lines 50-55 of Wijesundara) but does not specifically disclose the GUI having wireless connectivity. However, Patrick discloses the graphical user interface (32, 34) wirelessly connected to the controller (24) (col. 3 lines 1-20, 50-53). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the GUI of the modified Choi wirelessly connected to the controller as taught by Patrick to provide the advantage of enhanced mobility and portability for enhanced versatility and convenience.
Regarding claim 2, Choi discloses the controller is a microprocessor device ([0121]) programmed to control the vibrational device, the vibrational device operating according to the selected program (para. [0035 & 0137]).
Regarding claim 5, Choi disclose the selected program is customizable to adjust the intensity and/or duration and/or location of vibrations according to input from a sensor ( para. [0035, 0137]).
Regarding claims 7 and 8, Choi discloses an indication is provided if a prolonged disproportionate distribution of weight on the support cushion is sensed, the computer application provides visual and/or audio reminders for movement of the user (para. [0167]).
Regarding claim 10, the modified Choi discloses wherein the computer application program provides on the graphical user interface (34) a display of a map of the weight distribution of the support cushion as sensed by the at least one sensor (col. Lines 1-10, 25-67 of Wijesundara disclose displaying pressure distribution in the cavities).
Regarding claim 11, the modified Choi discloses the computer application program records, and/or provides on the graphical user interface, a pressure distribution history log of the support cushion as sensed by the at least one sensor (col. 7 lines 25-40 of Wijesundara disclose providing historical data).
Regarding claim 13, Choi substantially teaches the claimed invention except for the sensor is comprised of four sets of sensing devices, the four sets of sensing devices arranged in a quadrant layout. However, Wijesundara teaches the sensor is comprised of four sets of sensing devices, the four sets of sensing devices arranged in a quadrant layout (as shown in figs. 4a-5B the sensors are arranged in each quadrant of the rectangle). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the sensors of Choi in all 4 quadrants as taught by Wijensundara a such would enable enhanced and uniform sensing for enhanced precision.
Regarding claim 14, the modified Choi substantially teaches the claimed invention except for the quadrant layout of the sensing devices monitors center of gravity of the user to determine a symmetry of posture. However Patrick teaches the sensing devices monitors center of gravity of the user to determine a symmetry of posture (col. 3 lines 20-55). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensors of the modified Choi to monitor center of gravity for symmetry as taught by Patrick to provide the advantage of enhanced feedback for enhanced therapy.
Regarding claim 15, the modified Choi discloses the symmetry of posture is determined by a set of ratios between the sensing devices arranged in the quadrant layout (col. 3 lines 20-55 of Patrick discloses determining differences in pressure distribution thereby including a ratio).
Regarding claim 16, the modified Choi teaches the controller turns off the at least one vibrational device when the at least one sensor determines that no user is present on the support cushion (col. 3 lines 15-33, 40-55 of Liang disclose turning on the devices only when in use (i.e. pressure switch 5 is pressed against the user’s body).
Regarding claim 18, Choi discloses the support cushion is adapted for use as one of the following: seat cushion; wheelchair cushion; backrest lumbar cushion; pet-bed cushion; mattress cushion (para. [0010,0174, 0176)]).
Regarding claim 19, Choi discloses the support structure is comprised of one or more of; latex, polymer materials, multi-density foam, memory foam, anti- pressure gel (para. [0023, 0092]).
Regarding claim 20, Choi discloses the at least one cavity is sized and shaped to receive at least one vibrational device (para.[0010]).
Claim(s) 12 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Liang, Wijesundara et al and Patrick, as applied to claim 1 above, and further in view of Hyde (2017/0164876).
Regarding claim 12, Choi substantially teaches the claimed invention except for the at least one sensor is comprised of at least one set of sensing device pairs, each of the sensing device pairs comprising at least one proximity sensor and one accelerometer. However Hyde teaches sensing device pairs, each of the sensing device pairs comprising at least one proximity sensor and one accelerometer ([0272] lines 1-5, [0241]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the sensors of Choi in pairs as taught by Hyde a such would enable enhanced and sensing for enhanced precision.
Regarding claim 17, Choi substantially teaches the claimed invention except for the support cushion and/or the at least one vibrational device comprises at least one rechargeable battery as a power source. However Hyde teaches a rechargeable battery ([0088]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the power source of Choi to be a rechargeable Battey as taught by Hyde to provide the advantage of reduced waste and cost savings.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Liang, Wijesundara et al. and Patrick, as applied to claim 1 above, and further in view of Hibler (2010/0282704).
Regarding claim 21, Choi substantially teaches the claimed invention except for the at least one vibrational device is a cycloidal vibration device imparting cycloidal vibrational therapy to a user positioned upon the support cushion. However, Hibler teaches in a cycloidal vibration device imparting cycloidal vibrational therapy to a user positioned upon the support cushion ([0033]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibration of the modified Choi to be cycloidal as taught by Liang to provide the advantage of enhanced vibration effect as disclosed by Hibler in [0033].
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi, Liang Wijesundara, Patrick, and Hibler, as applied to claim 21 above, and further in view of Farha (2020/0016019).
Regarding claim 22, the modified Choi substantially teaches the claimed invention except for the cycloidal vibration device comprises a brushless servo motor. However Farha teaches a servo motor ([0026]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the motor of the modified Choi to be a servo motor as taught by Farha to provide the advantage of enhanced feedback ad adaptability.
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive.
Applicant argues on page 10 1st paragraph through page 13 last paragraph that Choi does not disclose the vibrators located within a cavity imparting vibrations to the support structure. Examiner respectfully disagrees. Choi teaches in figs. 5, 22, and 36a a cavity in the form of a central recess within the cushion (as shown, the cushion is U-shaped having a central recess/cavity in between two vertical walls). Choi also teaches vibrators in the form of device 58 and/or bladder assembly 140 zones 220-228; [0136]. The vibrators vibrate the assembly including the pads which are part of the support structure. As disclosed in [0100] lines 1-15, zones [0035]; the vibration devices are within the recess as cavity. Thus Choi teaches this limitation as claimed.
Applicant argues on page 13 last paragraph through page 14 last paragraph that Choi figs. 22 and 36a do not disclose the vibrators located within a cavity imparting vibrations to the support structure. Examiner respectfully disagrees. Examiner relies on figs. figs. 5, 22, and 36a for disclosing a cavity in the form of a central recess within the cushion (as shown, the cushion is U-shaped having a central recess/cavity in between two vertical walls). Choi also teaches vibrators in the form of bladder assembly 140 and/or zones 220-228; which provide vibration to a user via the support structure; [0136]. The vibrators vibrate the assembly including the pads which are part of the support structure. As disclosed in [0100] lines 1-15, zones [0035]; the vibration devices are within the recess as cavity. Thus Choi teaches this limitation as claimed.
Applicant argues on page 14 last paragraph that Choi does not teach a computer application programme as claimed in claim 1. Thus Examiner considers the first limitation of a computer application programme with GUI wherein Wijesundara discloses the computer application program is executable by a processor on a mobile computing device (34) (col. 7 lines 15-20 disclose the GUI 34 can run on a mobile device such as a phone) connected to the controller (30) to select the program (col. 7 lines 1-15, col. 8 lines 1-35 disclose the GUI can select and toggle between pressure modulation programs) and receive data from the controller (col. 7 lines 15-23 disclose receiving sensor data), the computing device comprising a graphical user interface (GUI 34; col. 7 lines 1-67). Patrick discloses the graphical user interface (32, 34) wirelessly connected to the controller (24) (col. 3 lines 1-20, 50-53). Thus the combination of Choi, Wijesundara, and Patrick teach these limitations as claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785