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
The amendment filed 11/26/2025 has been entered. Amendments to claims 1-4, 6, 10-14, and 16 are acknowledged. Claims 1-20 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection previously set forth in the Final Office Action mailed 09/26/2025.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-8 and 11-18 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-8 and 11-20 of copending Application No. 18/0147,283 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 1, app no. 18/147,283 discloses the limitations of claim 1 (Claim 1: “A patient support apparatus comprising a plurality of load cells, a frame supported on the load cells, a mattress including a plurality of inflatable zones positioned on the frame, the mattress and frame cooperating to direct any patient load through the mattress and frame to the load cells, a plurality of air pressure sensors, each air pressure sensor measuring the pressure in a respective inflatable zone of the mattress, and a control system including a controller, the controller configured to receive a separate signal from each of the plurality of load cells and each of the plurality of air pressure sensors, process the signals to identify motion of the patient that, based on transient changes in the signals, is indicative of an external transient load applied to the patient that does not result in relative lateral movement of the patient relative to the frame, the motion of the patient being further processed to characterize the nature of the patient motion”, and claim 2: “characterization of the patient motion that is used to update a patient profile.”)
Application 18/147,283 further discloses the limitations of claims 2 (claim 2), 3 (claim 3), 4 (claim 4), 5 (claim 5), 6 (claim 6), 7 (claim 7), 8 (claim 8), 11 (claim 12), 12 (claim 13), 13 (claim 14), 14 (claim 15), 15 (claim 16), 16 (claim 17), 17 (claim 18), and 18 (claim 19).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 9-16 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Demirli et al. (US 20240342030 A1).
Regarding claim 1, Demirli discloses a patient support apparatus (abstract) comprising a plurality of load cells ([0012]: “The force sensors include load cells”), a frame supported on the load cells ([0004]: “A support platform supports the mattress. The support platform includes legs. Force sensors are coupled to the legs.”), a mattress including a plurality of inflatable zones positioned on the frame ([0015]: “A mattress includes first and second air bladders positioned on first and second sides”), the mattress and frame cooperating to direct any patient load through the mattress and frame to the load cells ([0015]: “The force sensors are configured to sense load applied to each leg”), a plurality of air pressure sensors ([0004]: “pressure sensor”), each air pressure sensor measuring the pressure in a respective inflatable zone of the mattress ([0057]: “monitor the air pressure in the chambers 114A and 114B of the bed 112”), and a control system including a controller ([0067]: “control circuitry”), the controller configured to receive a separate signal from each of the plurality of load cells and each of the plurality of air pressure sensors ([0067]: “information detected by the bed (e.g., motion information) is processed by control circuitry”), process the signals to identify, motion of the patient that does not result in movement of the patient's position relative to the frame based on transient changes in the signals indicative of an external transient load applied to the patient, ([0073]: “the control circuitry 334 can identify a heart rate or respiratory rate for the user 308 to identify that the increase in pressure is due to a person sitting, laying, or otherwise resting on the bed 302 rather than an inanimate object (such as a suitcase) having been placed on the bed 302.”, [0052]: “if the detected pressure increases above a specified threshold (so as to indicate that a person or other object above a certain weight is positioned on the bed 112)…. can distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed.”, wherein the system distinguishes between the patient and an external load), the motion of the patient being further processed to characterize the nature of the patient motion ([0057]: “indicated as corresponding to motion, heartbeat, or respiration.”), and, based on the characterization of the patient motion, automatically update a patient record to reflect the characterization of the patient motion ([0068]: “a user interface displayed by the user device 310 can present information … or other information related to user interaction with the bed 302 by the user 308 or one or more other users of the bed 302.”).
Regarding claim 2, Demirli further discloses wherein the controller is configured to monitor the energy detected by each of the load cells and each of the air pressure sensors and compare the change in total energy measured by the load cells and air pressure sensors to determine if external energy has acted on the patient support apparatus ([0052]: " increase in pressure as an indication that the user is present on the bed 112. As another example, the processor 136 can determine that the user is present on the bed 112 if the detected pressure increases above a specified threshold… the processor 136 can identify an increase in pressure in combination with detected slight, rhythmic fluctuations in pressure as corresponding to the user being present on the bed 112. The presence of rhythmic fluctuations can be identified as being caused by respiration or heart rhythm (or both) of the user. The detection of respiration or a heartbeat can distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed."), and, if a change in total energy measured is indicative that external energy has acted on the patient support apparatus, utilize the resulting change in total energy to modify the characterization of the patient motion that is used to update the patient profile ([0052]: “distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed.").
Regarding claim 3, Demirli further discloses wherein the transient changes in the signals are indicative of motion of a least a portion of the patient in a vertical direction from a lying flat position ([0056]: “can also be configured to determine other characteristics of a user based on the received pressure signal, such as blood pressure, tossing and turning movements, rolling movements, limb movements, weight, the presence or lack of presence of a user, and/or the identity of the user.”, wherein tossing, turning, limb movements, and getting on or off the bed may all be indicative of movement in a vertical direction).
Regarding claim 4, Demirli further discloses wherein the controller is operable to calculate the work done by the patient in the vertical direction away from the lying flat position to characterize the patient motion ([0066]: “detect movement, including user presence, user motion, user respiration, user weight, and user heart rate”).
Regarding claim 5, Demirli further discloses wherein the controller is configured to compare the air pressure sensor signal for each of two adjacent zones and use the relative changes in the pressure in the adjacent zones during a potential patient movement event to confirm the characterization of the patient motion ([0013]: “The pressure in the first air chamber is compared to a combined force of the first set of force sensors. The pressure in the second air chamber is compared to a combined force of the second set of force sensors. A detected pressure in either the first air chamber or the second air chamber and a detected force on the corresponding force sensors is associated with a presence of a specified user on either the first side of the bed or the second side of the bed.”).
Regarding claim 6, Demirli further discloses wherein the controller is configured to monitor the energy detected by each of the load cells and each of the air pressure sensors and compare the change in total energy measured by the load cells and air pressure sensors to determine if external energy has acted on the patient support apparatus ([0052]: " increase in pressure as an indication that the user is present on the bed 112. As another example, the processor 136 can determine that the user is present on the bed 112 if the detected pressure increases above a specified threshold… the processor 136 can identify an increase in pressure in combination with detected slight, rhythmic fluctuations in pressure as corresponding to the user being present on the bed 112. The presence of rhythmic fluctuations can be identified as being caused by respiration or heart rhythm (or both) of the user. The detection of respiration or a heartbeat can distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed."), and, if a change in total energy measured is indicative that external energy has acted on the patient support apparatus, utilize the resulting change in total energy to modify the characterization of the patient motion that is used to update the patient profile ([0052]: “distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed.").
Regarding claim 9, Demirli discloses wherein the potential patient motion is characterized as a patient lateral motion in which a patient readjusts their position on the mattress without any external influence ([0056]: “can also be configured to determine other characteristics of a user based on the received pressure signal, such as blood pressure, tossing and turning movements, rolling movements, limb movements, weight, the presence or lack of presence of a user, and/or the identity of the user.” Wherein rolling or turning over would constitute lateral movement).
Regarding claim 10, Demirli discloses wherein the controller is operable to determine that the characterization of the patent patient motion results in an adverse condition for the patient and issues an alert indicative of the adverse condition ([0052]: “heart arrhythmia of the user, and apnea”, [0098]: “different alerts can be generated for different events”).
Regarding claim 11, Demirli discloses a patient support apparatus (abstract) comprising a plurality of load cells ([0012]: “The force sensors include load cells”), a frame supported on the load cells ([0004]: “A support platform supports the mattress. The support platform includes legs. Force sensors are coupled to the legs.”), a mattress including a plurality of inflatable zones positioned on the frame ([0015]: “A mattress includes first and second air bladders positioned on first and second sides”), the mattress and frame cooperating to direct any patient load through the mattress and frame to the load cells ([0015]: “The force sensors are configured to sense load applied to each leg”), a plurality of air pressure sensors ([0004]: “pressure sensor”), each air pressure sensor measuring the pressure in a respective inflatable zone of the mattress ([0057]: “monitor the air pressure in the chambers 114A and 114B of the bed 112”), and a control system including a controller ([0067]: “control circuitry”), the controller configured to receive a separate signal from each of the plurality of load cells and each of the plurality of air pressure sensors ([0067]: “information detected by the bed (e.g., motion information) is processed by control circuitry”), process the signals to identify motion of the patient ([0057]: “indicated as corresponding to motion, heartbeat, or respiration.”), the motion of the patient being further processed to disregard transient changes to the signals indicative of an external transient load applied to the patient to thereby characterize the nature of the patient motion and ([0073]: “the control circuitry 334 can identify a heart rate or respiratory rate for the user 308 to identify that the increase in pressure is due to a person sitting, laying, or otherwise resting on the bed 302 rather than an inanimate object (such as a suitcase) having been placed on the bed 302.”, [0052]: “if the detected pressure increases above a specified threshold (so as to indicate that a person or other object above a certain weight is positioned on the bed 112)…. can distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed.”, wherein the system distinguishes between the patient and an external load), and, based on the characterization of the patient motion, automatically update a patient record to reflect the characterization of the patient motion ([0068]: “a user interface displayed by the user device 310 can present information … or other information related to user interaction with the bed 302 by the user 308 or one or more other users of the bed 302.”).
Regarding claim 12, Demirli further discloses wherein the controller is configured to monitor the energy detected by each of the load cells and each of the air pressure sensors and compare the change in total energy measured by the load cells and air pressure sensors to determine if external energy has acted on the patient support apparatus ([0052]: " increase in pressure as an indication that the user is present on the bed 112. As another example, the processor 136 can determine that the user is present on the bed 112 if the detected pressure increases above a specified threshold… the processor 136 can identify an increase in pressure in combination with detected slight, rhythmic fluctuations in pressure as corresponding to the user being present on the bed 112. The presence of rhythmic fluctuations can be identified as being caused by respiration or heart rhythm (or both) of the user. The detection of respiration or a heartbeat can distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed."), and, if a change in total energy measured is indicative that external energy has acted on the patient support apparatus, utilize the resulting change in total energy to modify the characterization of the patient motion that is used to update the patient profile ([0052]: “distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed.").
Regarding claim 13, Demirli further discloses wherein the transient changes in the signals are indicative of motion of a least a portion of the patient in a vertical direction from a lying flat position ([0056]: “can also be configured to determine other characteristics of a user based on the received pressure signal, such as blood pressure, tossing and turning movements, rolling movements, limb movements, weight, the presence or lack of presence of a user, and/or the identity of the user.”, wherein tossing, turning, limb movements, and getting on or off the bed may all be indicative of movement in a vertical direction).
Regarding claim 14, Demirli further discloses wherein the controller is operable to calculate the work done by the patient in the vertical direction away from the lying flat position to characterize the patient motion ([0066]: “detect movement, including user presence, user motion, user respiration, user weight, and user heart rate”).
Regarding claim 15, Demirli further discloses wherein the controller is configured to compare the air pressure sensor signal for each of two adjacent zones and use the relative changes in the pressure in the adjacent zones during a potential patient movement event to confirm the characterization of the patient motion ([0013]: “The pressure in the first air chamber is compared to a combined force of the first set of force sensors. The pressure in the second air chamber is compared to a combined force of the second set of force sensors. A detected pressure in either the first air chamber or the second air chamber and a detected force on the corresponding force sensors is associated with a presence of a specified user on either the first side of the bed or the second side of the bed.”).
Regarding claim 16, Demirli further discloses wherein the controller is configured to monitor the energy detected by each of the load cells and each of the air pressure sensors and compare the change in total energy measured by the load cells and air pressure sensors to determine if external energy has acted on the patient support apparatus ([0052]: " increase in pressure as an indication that the user is present on the bed 112. As another example, the processor 136 can determine that the user is present on the bed 112 if the detected pressure increases above a specified threshold… the processor 136 can identify an increase in pressure in combination with detected slight, rhythmic fluctuations in pressure as corresponding to the user being present on the bed 112. The presence of rhythmic fluctuations can be identified as being caused by respiration or heart rhythm (or both) of the user. The detection of respiration or a heartbeat can distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed."), and, if a change in total energy measured is indicative that external energy has acted on the patient support apparatus, utilize the resulting change in total energy to modify the characterization of the patient motion that is used to update the patient profile ([0052]: “distinguish between the user being present on the bed and another object (e.g., a suit case) being placed upon the bed.").
Regarding claim 19, Demirli discloses wherein the potential patient motion is characterized as a patient lateral motion in which a patient readjusts their position on the mattress without any external influence ([0056]: “can also be configured to determine other characteristics of a user based on the received pressure signal, such as blood pressure, tossing and turning movements, rolling movements, limb movements, weight, the presence or lack of presence of a user, and/or the identity of the user.” Wherein rolling or turning over would constitute lateral movement).
Regarding claim 20, Demirli discloses wherein the controller is operable to determine that the characterization of the patent patient motion results in an adverse condition for the patient and issues an alert indicative of the adverse condition ([0052]: “heart arrhythmia of the user, and apnea”, [0098]: “different alerts can be generated for different events”).
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) 7-8 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Demirli in view of Natchtigal et al. (US20160327426A1, as cited by applicant’s IDS filed 06/05/2025), hereinafter Natchtigal.
Regarding claim 7, Demirli discloses the patient support apparatus of claim 5, but fails to disclose wherein the potential patient motion is characterized as a self-offloading motion in which a patient readjusts their position on the mattress without any external influence.
Natchtigal discloses a patient support apparatus (abstract) wherein potential patient motion is characterized as a self-offloading motion ([0008]: “a non-patient weight event includes any addition or removal of non-patient loads from the patient support.”) in which a patient readjusts their position on the mattress without any external influence ([0028]: “the signal with the positive dl/dt exceeding the biological gain threshold dl/dt corresponds to the addition of the non-patient load on the patient support, whereas, the signal with the magnitude of the negative dl/dt exceeding the magnitude of the biological loss threshold dl/dt corresponds to the removal of the non-patient load from the patient support.”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the patient support device disclosed by Demirli to include the characterization as a self-offloading motion in which a patient readjusts their position on the mattress without any external influence disclosed by Natchtigal in order to improve filtration of non-patient movement ([0003]).
Regarding claim 8, Demirli discloses the patient support apparatus of claim 5, but fails to disclose wherein the potential patient motion is characterized as a non-patient movement artifact in which a patient readjusts their position on the mattress with external influence.
Natchtigal discloses a patient support apparatus (abstract) wherein potential patient motion is characterized as a non-patient movement artifact motion ([0008]: “a non-patient weight event includes any addition or removal of non-patient loads from the patient support.”) in which a patient readjusts their position on the mattress with external influence ([0028]: “the signal with the positive dl/dt exceeding the biological gain threshold dl/dt corresponds to the addition of the non-patient load on the patient support, whereas, the signal with the magnitude of the negative dl/dt exceeding the magnitude of the biological loss threshold dl/dt corresponds to the removal of the non-patient load from the patient support.”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the patient support device disclosed by Demirli to include the characterization as a self-offloading motion in which a patient readjusts their position on the mattress without any external influence disclosed by Natchtigal in order to improve filtration of non-patient movement ([0003]).
Regarding claim 17, Demirli discloses the patient support apparatus of claim 15, but fails to disclose wherein the potential patient motion is characterized as a self-offloading motion in which a patient readjusts their position on the mattress without any external influence.
Natchtigal discloses a patient support apparatus (abstract) wherein potential patient motion is characterized as a self-offloading motion ([0008]: “a non-patient weight event includes any addition or removal of non-patient loads from the patient support.”) in which a patient readjusts their position on the mattress without any external influence ([0028]: “the signal with the positive dl/dt exceeding the biological gain threshold dl/dt corresponds to the addition of the non-patient load on the patient support, whereas, the signal with the magnitude of the negative dl/dt exceeding the magnitude of the biological loss threshold dl/dt corresponds to the removal of the non-patient load from the patient support.”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the patient support device disclosed by Demirli to include the characterization as a self-offloading motion in which a patient readjusts their position on the mattress without any external influence disclosed by Natchtigal in order to improve filtration of non-patient movement ([0003]).
Regarding claim 18, Demirli discloses the patient support apparatus of claim 15, but fails to disclose wherein the potential patient motion is characterized as a non-patient movement artifact in which a patient readjusts their position on the mattress with external influence.
Natchtigal discloses a patient support apparatus (abstract) wherein potential patient motion is characterized as a non-patient movement artifact motion ([0008]: “a non-patient weight event includes any addition or removal of non-patient loads from the patient support.”) in which a patient readjusts their position on the mattress with external influence ([0028]: “the signal with the positive dl/dt exceeding the biological gain threshold dl/dt corresponds to the addition of the non-patient load on the patient support, whereas, the signal with the magnitude of the negative dl/dt exceeding the magnitude of the biological loss threshold dl/dt corresponds to the removal of the non-patient load from the patient support.”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the patient support device disclosed by Demirli to include the characterization as a self-offloading motion in which a patient readjusts their position on the mattress without any external influence disclosed by Natchtigal in order to improve filtration of non-patient movement ([0003]).
Response to Arguments
Applicant’s arguments, filed 11/26/2025, 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kostic et al. (US 20210113401 A1) – discloses determination of non-patient movement.
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/KAVYA SHOBANA BALAJI/Examiner, Art Unit 3791
/DANIEL L CERIONI/Primary Examiner, Art Unit 3791