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 .
Claims 1-20 are pending in the application. No newly canceled claims. No newly added claims presented.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2011/0041246A1 hereinafter referred to as Li in view of WIPO Patent Document WO2019/238420 hereinafter referred to as Kirchhoff further in view of US Patent 10,477,978 hereinafter referred to as Youngblood.
Re-Claim 1
Li discloses a temperature regulating foam padding 110 fig.5A [0013 “For example, the plastic filament of the foregoing filament mesh may be formed of a material (e.g., the aforementioned nylon, polyvinylidene fluoride, polyethylene, etc.) which is water and/or other solvent washable, which is unaffected by sterilizing agents, etc.”] comprising: a plurality of zones; at least one cooling device 122 fig.5A, disposed in at least a first zone of the plurality of zones; at least one heating device 121 fig.5A, disposed in at least one of the plurality of zones; at least one sensor 132 fig.5A disposed in the first zone; and a controller 130 fig.5A, connected to the heating device and the sensors for controlling the heating device, wherein the controller controls the heating device based on a temperature measured by the at least one sensor 132 fig.6A in the first zone [0042 “Additionally or alternatively, one or more infrared radiation heat sensor may be disposed within cushioning structure 110, such as at or near the surface thereof, to sense the ambient temperature near the surface of cushioning structure 110. Algorithms of an instruction set of processor unit 131 may utilize information from such sensors to control heating unit 121 to regulate the temperature experienced by a user of cushioning system 100.” 0043 “One or more sensors 132, disposed at appropriate locations, may be utilized by temperature regulation and control system 130 in controlling heating and cooling system 120 to provide the foregoing temperature regulation.” 0055 “Additionally or alternatively, one or more temperature sensor may be disposed within cushioning structure 110, such as at or near the surface thereof, to sense the ambient temperature near the surface of cushioning structure 110. Algorithms of an instruction set of processor unit 131 may utilize information from such sensors to control cooling unit 122 to regulate the temperature experienced by a user of cushioning system 100.”] (Examiner notes it is inherent in the system of Li that the controller controls the heating device based on a temperature measured by the at least one sensor. The systems goal is to reach a desired temperature experiences utilizing feedback from the sensors.), and wherein the at least one sensor is disposed in the first zone in which the cooling device is located (see fig.5A & 6A).
However does not discloses at least one passive cooling device or wherein desired temperatures for different ones of the plurality of zones can be set independently from each other and can be varied with time.
Kirchhoff teaches a temperature regulating foam padding 10 fig.2 comprising: at least one passive cooling device 20 fig.2.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the temperature regulating foam pad of Li and the passive cooling device of Kirchhoff and with a reasonable expectation of success arrived at a temperature regulating foam pad having a passive cooling device. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of passively transferring heat a way for the user to improve the comfort of the user as taught in Kirchhoff [see abstract and 0016]. Examiner notes the combination of Li and Kirchhoff would read on the limitation “wherein the controller controls the heating device in accordance with a thermal dissipation of the passive cooling device”. It is inherent in the system of Li as modified by Kirchhoff that the controller controls the heating device in accordance with thermal dissipation for all sources present including that of a passive cooling device. The systems goal is to reach a desired temperature experiences utilizing feedback for an array of sensors. The controller and sensor feedback would account for any thermal dissipation).
Youngblood teaches a temperature regulating foam padding 10 fig.2A wherein desired temperatures for different ones of the plurality of zones 11, 12, 13 fig.2A can be set independently from each other [column 4 lines 40-46 “The depicted system 10 is arranged to permit the three zones 11,12,13 to be targeted for three independent temperatures. As used herein, the term “independent temperature” refers to a zone temperature that is set or targeted without respect to the temperature of another zone; an independent temperature may be the same temperature as that of another zone, and there is no requirement that the temperatures be different.”], wherein the controller 70, 71 fig.2C controls the heating device based on a temperature measured by the at least one sensor 80 fig.2A in the first zone, wherein desired temperatures for different ones of the plurality of zones can be set independently from each other and can be varied with time [column 7 lines 7-14 “Those skilled in the art will recognize that programmatic control of the target temperatures over time, such as over the course of a night's sleep, will be possible if a computer 70 is employed as the user interface. Because the target temperatures may be set at any time, those target temperatures may be manipulated through the sleeping period in order to match user preferences or a program to correlate with user sleep cycles to produce a deeper, more restful sleep.”], and wherein the at least one sensor is disposed in the first zone (see fig.2A-C).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the temperature regulating foam pad of Li and the independently zoned temperature modulating foam padding of Youngblood and with a reasonable expectation of success arrived at a zoned temperature modulating foam pad. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of improving and promoting sleep and the health of the user taught in Youngblood [column 1 lines 25-41]. Re-Claim 2
Li as modified by Kirchhoff and Youngblood above discloses,
where in the at least one sensor is a temperature sensor or a heart-rate sensor [0067 Li “Similar to the embodiments discussed above, one or more sensor 132 may be disposed on or within cushioning structure 110 for use with respect to temperature regulation and control system 130 providing control of heating unit 121/cooling unit 122. For example, one or more temperature sensor may be disposed within cushioning structure 110, such as at or near the surface thereof, to sense the temperature of the body of a user of cushioning system 100. Additionally, or alternatively, one or more temperature sensor may be disposed within cushioning structure 110, such as at or near the surface thereof, to sense the ambient temperature near the surface of cushioning structure 110. Embodiments of the invention may dispose one or more sensor 132 on or near components of the temperature regulation system, such as on or within thermal sheet 723, to sense the temperature of the body of a user of cushioning system 100 and/or to sense the temperature of such temperature regulation system components.”].
Re-Claim 3
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the passive cooling device is adapted to lower the temperature of the first zone to a first temperature below a desired temperature [0024 Kirchhoff “Therefore, the invention can be used to transport excessive thermal energy to the side or bottom of a mattress or to any section not felt by the user.”].
Re-Claim 4
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the heating device is adapted to increase the temperature of the first zone from the first temperature to the desired temperature [0043 Li “Likewise, sheet like heating elements of the illustrated embodiment may be configured, such as through the use of different heat element densities and/or the zoned control of power through areas of the heating elements, to provide a desired temperature gradient with respect to an area of cushioning system 100.”].
Re-Claim 5
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the passive cooling device is a conductive band connecting at least the first zone 32 fig.2 Kirchhoff and a second zone 34 fig.2 Kirchhoff of the plurality of zones, the conductive band for transporting thermal energy between the first zone and the second zone.
Re-Claim 6
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the conductive band is adapted for transporting thermal energy generated by the heating device between the first zone and the second zone [0047 Li “Directing attention to FIG. 5A, cushioning system 100 is shown having a configuration of cooling unit 122 adapted to provide removal of heat energy (cooling) according to embodiments of the invention.”] (Inherent in the claimed combination of Li and Kirchhoff due to the function of the band of Kirchhoff).
Re-Claim 7
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the heating device is a warming band 722 fig.7A Li for increasing the temperature of the first zone.
Re-Claim 8
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the first zone has excess thermal energy [see abstract Kirchhoff “The foam padding (10) has sections (32, 34), each covering at least one hollow volume (12, 14) of the padding said padding (10) including a flexible elongated band (20) for transferring thermal energy from at least one hollow volume (12) in a first one of said sections (32) in the event of excess thermal energy towards at least one hollow volume (14) in a second section (34) in the padding (10) not containing excess thermal energy.” ].
Re-Claim 9
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the second zone has no excess thermal energy [see abstract Kirchhoff].
Re-Claim 10
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the conductive band transports thermal energy from the first zone to the second zone [see abstract Kirchhoff].
Re-Claim 11
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the flow of thermal energy transported by the conductive band from the first zone to the second zone is substantially equal to the flow of thermal energy emitted by a user of the padding into the first zone [see abstract Kirchhoff].
Re-Claim 12
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the heating device is supplied by a low-voltage power supply [0040 Li “Safe operation is provided according to embodiments of the invention through the use of relatively low voltage and/or direct current thermal control elements, such as carbon fiber FIR heating elements, thermoelectric elements, etc.”].
Re-Claim 13
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the flow of thermal energy from the heating device into the first zone is smaller than the flow of thermal energy to the passive cooling device (such a scenario would exist when the heating device is in the off condition at the least).
Re-Claim 14
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the foam padding is in the form of a mattress or a seat [0029 Li “However, it should be appreciated that cushioning system 100 of the illustrated embodiment may comprise bedding, such as mattresses for use in homes, hospitals, hotels, emergency relief, etc., and seating, such as seat cushions for use in home furnishings, office furnishings, vehicle seats, toilet seats, etc.”].
Re-Claim 15
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the conductive band comprises a continuous conductive layer 22 fig.2 extending from within the first zone to the second zone.
Re-Claim 16
Li as modified by Kirchhoff and Youngblood above discloses,
Li disclose a method for regulating the temperature of the temperature regulating foam padding according to claim 1, to lower the temperature of the first zone to a first temperature below a desired temperature, the method comprising the steps of: measuring parameters in the first zone using the at least one sensor; and controlling the heating device to reach and hold the desired temperature in the first zone, using the controller [0042 Li “Algorithms of an instruction set of processor unit 131 may utilize information from such sensors to control heating unit 121 to regulate the temperature experienced by a user of cushioning system 100.”].
Re-Claim 17
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the at least one sensor is one of a temperature sensor, wherein the parameters measured are temperature [0067 Li], or a heart-rate sensor, wherein the parameters measured are at least one of a heart rate or a heart rate variability.
Re-Claim 18
Li discloses a bed having a mattress 110 with a temperature regulating foam padding 110, the foam padding comprising: a plurality of zones; at least one cooling device 122, disposed in at least a first zone of the plurality of zones; at least one heating device 121, disposed in at least one of the plurality of zones; at least one sensor 132 disposed in the first zone; and a controller 130, connected to the heating device and the sensors for controlling the heating device, wherein the controller controls the heating device based on a temperature measured by the at least one sensor in the first zone and wherein the at least one sensor is disposed in the first zone in which the cooling device is located (see fig.5A & 6A).
However does not discloses at least one passive cooling device, wherein desired temperatures of different ones of the plurality of zones can be set independently from each other and can be varied with time.
Kirchhoff teaches a temperature regulating foam padding 10 fig.2 comprising: at least one passive cooling device 20 fig.2.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the temperature regulating foam pad of Li and the passive cooling device of Kirchhoff and with a reasonable expectation of success arrived at a temperature regulating foam pad having a passive cooling device. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of passively transferring heat a way for the user to improve the comfort of the user as taught in Kirchhoff [see abstract and 0016].
Youngblood teaches a temperature regulating foam padding 10 fig.2A wherein desired temperatures for different ones of the plurality of zones 11, 12, 13 fig.2A can be set independently from each other [column 4 lines 40-46 “The depicted system 10 is arranged to permit the three zones 11,12,13 to be targeted for three independent temperatures. As used herein, the term “independent temperature” refers to a zone temperature that is set or targeted without respect to the temperature of another zone; an independent temperature may be the same temperature as that of another zone, and there is no requirement that the temperatures be different.”], and can be varied with time [column 7 lines 7-14 “Those skilled in the art will recognize that programmatic control of the target temperatures over time, such as over the course of a night's sleep, will be possible if a computer 70 is employed as the user interface. Because the target temperatures may be set at any time, those target temperatures may be manipulated through the sleeping period in order to match user preferences or a program to correlate with user sleep cycles to produce a deeper, more restful sleep.”], and wherein the at least one sensor is disposed in the first zone (see fig.2A-C).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the temperature regulating foam pad of Li and the independently zoned temperature modulating foam padding of Youngblood and with a reasonable expectation of success arrived at a zoned temperature modulating foam pad. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of improving and promoting sleep and the health of the user taught in Youngblood [column 1 lines 25-41].
Re-Claim 19
Li as modified by Kirchhoff and Youngblood above discloses,
further comprising the step of controlling the heating device based on a temperature measured by the at least one sensor in the first zone such that a desired temperature is maintained, using the controller [0043, 0055]Li.
Re-Claim 20
Li as modified by Kirchhoff and Youngblood above discloses,
wherein the controller controls the heating device in accordance with a heat dissipation of the passive cooling device such that a desired temperature is maintained [0043, 0055] Li.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
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 IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3673
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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