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
This Office Action is in response to an amendment filed on 12/23/2025. As directed by the amendment, claims 4 and 17 were canceled, claims 1 and 15 were amended, and no new claims were added. Thus, claims 1-3, 5-16 and 18-20 are pending for this application.
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.
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.
Claims 1-3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Receveur (US 2012/0022414) in view of DeFranks (US 2019/0174930) and Chase (US 2019/0133873).
Regarding claim 1, Receveur discloses (Fig. 1-3 and 8) a person support system, comprising:
a person support surface (person support surface 12) comprising a plurality of bladders (bladders 26);
an air supply (gas supply 50) fluidly coupled to the plurality of bladders (see Fig. 1) such that air is supplied by the air supply independently to each one of the plurality of bladders;
an air control box (housing 62 of manifold 64) fluidly coupled to the air supply and the plurality of bladders (see Fig. 7 and paragraph [0037]), the air control box configured to cause air from the air supply to periodically inflate and deflate a plurality of zones of bladders to provide air therapy (zones 1, 2 and 3, which can be individually deflated or a combination of zones can be inflated/deflated, see paragraphs [0027]-[0028] and [0037]; and
a controller (controller 52) communicatively coupled to the air supply and the air control box (paragraph [0040] and Fig. 8), the controller configured to generate a control schedule that directs an inflation level of each of the zones of bladders only within the at least one selected sector based on the selected air therapy (actuates valves, based on user interface input, to inflate/deflate selected zones based on therapy selected (percussion vibration therapy or alternative pressure therapy), see paragraphs [0028] and [0039]-[0040]), and instruct the air supply and the at least one air control box in accordance with the control schedule (see paragraphs [0028] and [0039]-[0040])
Receveaur does not disclose that air is supplied by the air supply independently to each one of the plurality of bladders. However, DeFranks teaches (Fig. 5) a massage mattress comprising a plurality of bladders (30) supplied by an air supply (pump 45), wherein air is supplied by the air supply independently to each one of the plurality of bladders (all bladders independently inflatable/deflatable due to each bladder having a controller-controlled valve 49).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Receveaur such that air is supplied by the air supply independently to each one of the plurality of bladders, as taught by DeFranks, for the purpose of improving customization and/or types of massage provided by allowing all bladders, including those within a specific zone, to be individually actuatable.
Modified Receveaur discloses the controller controls the inflation/deflation of bladders based on user input (paragraph [0035] and [0040[) does not appear to disclose the controller is configured to determine which of the plurality of zones of bladders are located within at least one sector of a plurality of sectors by receiving an input via a user interface corresponding to at least one selected sector and a selected air therapy and by accessing information relating to which of the plurality of sectors are mapped to the plurality of bladders, wherein the user interface is programmed to receive one or more inputs to adjust at least a size and a location of the at least one selected sector to define a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector, and the control schedule that directs an inflation level of each of the zones of bladders only within the resized sector based on the selected air therapy
However, Chase teaches (Fig. 1-2 and 5-12C) an inflation therapy device comprising a user interface (80) connected to a controller (80), where a user inputs which region of the body they would like to experience inflation therapy on (as shown in Fig. 5-12C) and the controller is configured to determine which of the plurality of zones of bladders are located within at least one sector of a plurality of sectors by receiving an input via a user interface corresponding to at least one selected sector and a selected air therapy and by accessing information relating to which of the plurality of sectors are mapped to the plurality of bladders. (i.e. when user selects “head and neck” region shown in Fig. 8, the zones of bladders located in the head and neck region are actuated by the controller to deliver massage to a user, see paragraphs [0098]-[0099]. User can further select specifically the head, neck, or both to be massaged as shown in Fig. 9 and described in paragraph [0101]. See also paragraph [0051] for description of controller controlling bladders individually or in combination, based on user inputs, and paragraph [0061] and [0111] for selection and customization of therapy programs), wherein the user interface is programmed to receive one or more inputs to adjust at least a size and a location of the at least one selected sector (via button 356 which allows for the sector to be adjusted in size and location i.e. user can subsequently choose U3 via button 384 which redefines sector to additionally include the chest region, or alternatively could select U6 which resizes the sector selected to be that of a hand, which is also a location change) to define a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector (user interface 80 receives input from user to select a an original sector, i.e. sector U2 trunk only in Fig. 10 para. [0103], and further configured to receive an input from user, i.e. choose a new treatment button 356 para. [0090]-[0091], to let a user adjust at least a size and a location of the at least one selected sector to define a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector, i.e. user selecting button 384 corresponding to U3 trunk and chest in Fig. 10 para. [0103], which adjusts the size by increasing the size of the sector from just being trunk to being trunk and chest, and adjusting location by changing location to include the chest location. Customized because the plurality of buttons allow for the sector to be customized to a user’s preference of therapy size/location (and also for pressure adjustment, Fig. 11C and paragraph [0106]), and the control schedule that directs an inflation level of each of the zones of bladders only within the resized sector based on the selected air therapy (para. [0100]-[0101] and [106]-[0107]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of modified Receveaur to be configured to determine which of the plurality of zones of bladders are located within at least one sector of a plurality of sectors by receiving an input via a user interface corresponding to at least one selected sector and a selected air therapy and by accessing information relating to which of the plurality of sectors are mapped to the plurality of bladders, wherein the user interface is programmed to receive one or more inputs to adjust at least a size and a location of the at least one selected sector to define a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector, and the control schedule that directs an inflation level of each of the zones of bladders only within the resized sector based on the selected air therapy, as taught by Chase, for the purpose of improving customization and/or types of massage provided by allowing a user to select specific regions of interest to be massaged and only those regions to be massaged, and for the controller to be able to perform the functions accordingly.
Regarding claim 2, modified Receveur discloses wherein the plurality of sectors of the person support surface include a first head sector, a second head sector, a seat sector, and a foot sector (Receveur discloses the cushion can be incorporated into a patient support apparatus that extends along a length of user, which thus includes a first head sector (i.e. portion at top of head of a given user), a second head sector (portion at bottom of head of a user), a seat sector (portion near buttocks of a user), and a foot sector (portion near feet of a user), all of which are selectable by a user).
Regarding claim 3, modified Receveur discloses the user interface is programmed to receive the input corresponding to the at least one selected sector and the selected air therapy (percussion vibration therapy or alternative pressure therapy), see paragraphs [0028] and [0039]-[0040] Receveur).
Regarding claim 11, modified Receveaur discloses the person support surface (surface of patient support apparatus 28 of Receveur in Fig. 3 and paragraph [0029]) that comprises the person support surface (see Fig. 3 and paragraph [0029] Receveur), which includes an advanced articulation support apparatus (as best understood, the person support apparatus 28 of Receveur is an advanced articulation person support apparatus because it can go from a laying position to reclined position for a user).
Claim 5-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Receveur (US 2012/0022414 in view of DeFranks (US 2019/0174930) and Chase (US 2019/0133873), and further in view of O’Keefe (US 2011/0258780).
Regarding claim 5, modified Receveur does not disclose the person support surface further comprises a second plurality of bladders arranged in a turn assist bladder layer, a percussion and vibration bladder, a first lateral side bolster and a second lateral side bolster of a surface foundation layer, a working cushion layer positioned between the first lateral side bolster and the second lateral side bolster of the surface foundation layer, and an advanced articulation bladder layer.
However, O’Keefe teaches (Fig. 11-12) a person support surface comprising a plurality of bladders (bladders of structrues 90, 92 and 93) and further comprising a second plurality of bladders arranged in a turn assist bladder layer (left and right torso rotation structures 98,99, para [0062]), a percussion and vibration bladder (vibration assembly 84 including percussion and vibration bladders 86), a first lateral side bolster and a second lateral side bolster (left and right bolsters, each comprising a large bolster 105 and small bolster 107, that are positioned on left and right lateral sides as shown in Fig. 12) of a surface foundation layer (comprising head support 104 and body support 106), a working cushion layer (left and right working cushions 94,95) positioned between the first lateral side bolster and the second lateral side bolster of the surface foundation layer (see Fig. 11-12), and an advanced articulation bladder layer (thigh rotation structures 100,101, which cause rotation and thus articulation of the bladders situated above them).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the patient support surface of modified Receveur to further include a second plurality of bladders arranged in a turn assist bladder layer, a percussion and vibration bladder, a first lateral side bolster and a second lateral side bolster of a surface foundation layer, a working cushion layer positioned between the first lateral side bolster and the second lateral side bolster of the surface foundation layer, and an advanced articulation bladder layer, as taught by O’Keefe, for the purpose of allowing a user to be articulated in a variety of positions so that user comfort and therapeutic outcome are improved (Abstract).
Regarding claim 6, modified Receveur discloses the selected air therapy for the at least one selected sector is selected from the group consisting of alternating pressure (AP) therapy, alternating low pressure (ALP) therapy, continuous low pressure (CLP) therapy, continuous lateral rotation therapy (CLRT), and percussion and vibration (P&V) therapy (percussion vibration therapy or alternative pressure therapy, see paragraphs [0028] and [0039]-[0040] Receveur).
Regarding claim 7, modified Receveur discloses person support surface comprises a top encasement portion (cover 18 of Receveur) which defines an internal cavity that encloses the plurality of bladders therein (paragraph [0027] Receveur), but does not disclose the top encasement portion is removably coupled to a bottom encasement portion to define an internal cavity that encloses the plurality of bladders therein.
However, O’Keefe teaches (Fig. 10) person support surface comprises a top encasement portion (top encasement portion 28) removably coupled to a bottom encasement portion (bottom portion 282, removably coupled via zipper, snaps, buttons, or a hook and loop fastening system, paragraph [0057]) to define an internal cavity that encloses the plurality of bladders therein (see Fig. 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the a top encasement portion of modified Receveur such that the top encasement portion is removably coupled to a bottom encasement portion to define an internal cavity that encloses the plurality of bladders therein, as taught by O’Keefe, for the purpose of reducing contamination by allowing the cover to be removed for cleaning and then replaced.
Regarding claim 10, modified Receveur discloses the plurality of bladders are arranged in a support cushion layer (mattress cover 18), but does not disclose the bladders are arranged in a foot bladder layer and does not disclose a microclimate management (MCM) layer positioned over the support cushion layer and the foot bladder layer.
However, O’Keefe teaches (Fig. 1-6 and 10) a patient support apparatus comprising a foot bladder layer (96) and support cushion layer (90), and mattress cover (coverlet 28) comprising a microclimate management (MCM) layer (intermediate layer 40. Provides microlimate management because air flows through which cools skin of patient lying thereon, paragraph [0052]) positioned over the support cushion layer and the foot bladder layer (cover 28, having the MCM layer 40, is positioned over support cushion layer 90 and foot bladder layer 96, see Fig. 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of modified Receveur to include a foot support layer, as taught by O’Keefe, for the purpose of allowing the foot bladders be contained in a separate housing so that the patient support surface can bend and allow for a user to be in a reclined position, and the modify the invention of modified Receveur to include a microclimate management (MCM) layer positioned over the support cushion layer and the foot bladder layer, as taught by O’Keefe, for the purpose of allowing for user’s skin to be cooled, which reduces potential injury of user (paragraph [0052] O’Keefe).
Claims 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Receveur (US 2012/0022414 in view of DeFranks (US 2019/0174930), Chase (US 2019/0133873) and O’Keefe (US 2011/0258780), and further in view of Caminade (20090095322).
Regarding claim 8, modified Receveur discloses a top encasement portion, but does not disclose wherein a sleeve is defined on a surface of the top encasement portion, wherein the sleeve is positioned to correspond with at least one of a head section, a seat section, or a foot section of at least one person support apparatus, and wherein the sleeve is accessible to place a medical device under a subject positioned on the person support surface.
However, Caminade teaches (Fig. 1-3) a top encasement portion (comprising 1-1, 1-2, 1-3) and a bottom encasement portion (1-4) and a sleeve (sheath 3, defined on side surface of 1-1/1-2/1-3, para [0041]) is defined on a surface of the top encasement portion, wherein the sleeve is positioned to correspond with at least one of a head section, a seat section, or a foot section of at least one person support apparatus (corresponds to head and seat sections, see Fig. 1-3), and wherein the sleeve is accessible to place a medical device (X-ray cassette 5) under a subject positioned on the person support surface (accessible via openings 3 and slide devices 3b for placing medical device 5 under subject, para [0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of modified Receveur to include sleeve is defined on a surface of the top encasement portion, wherein the sleeve is positioned to correspond with at least one of a head section, a seat section, or a foot section of at least one person support apparatus, and wherein the sleeve is accessible to place a medical device under a subject positioned on the person support surface, as taught by Caminade, for the purpose of allowing a patient positioned on the patient support surface (such as that shown in Fig. 3 of Receveur) to be more easily X-rayed due to the patient not having to get up for the cassette to be loaded (paragraph [0005] Caminade).
Regarding claim 9, modified Receveur discloses a top encasement portion that is one of fluid resistant of fluid proof (paragraph [0012] O’Keefe discloses the top encasement portion 28 is water resistant), and at least one interlocking device (i.e. zipper of coverlet 28, paragraph [0057]) but does not disclose the top encasement portion includes at least one fluid flap extending over at least one interlocking device.
However, Caminade teaches (Fig. 1-3) a top encasement portion (comprising 1-1, 1-2, 1-3) and a bottom encasement portion (1-4) where the top encasement portion includes one or more fluid flap (protective rebate 3c) extending over one or more interlocking device (opening/closing slide device 3b).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the top encasement portion of modified Receveur to include at least one fluid flap extending over at least one interlocking device., as taught by Caminade, for the purpose of providing a more protective encasement structure by preventing fluids from entering the device due to the interlocking device, while also preventing a patient from rubbing against the interlocking device.
Claim 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Receveur (US 2012/0022414 in view of DeFranks (US 2019/0174930), Chase (US 2019/0133873), and further in view of Lafelche (US 2013/0061396).
Regarding claim 14, modified Receveur discloses a person support surface, but does not disclose the person support surface further comprises a percussion and vibration bladder layer, and wherein the person support surface further includes an enclosure, the enclosure housing at least one of a pneumatic air control box or an electrical air control box that controls percussion and vibration bladders of the percussion and vibration bladder layer to provide percussion and vibration therapy.
However, Lafleche teaches (Fig. 1-4) person support surface further comprises a percussion and vibration bladder layer (percussion vibration bladders 18c, Fig. 1 and paragraph [0085]), and wherein the person support surface further includes an enclosure (enclosure 54), the enclosure housing at least one of a pneumatic air control box (valve assembly 60, shown as a box in Fig. 4) that controls percussion and vibration bladders of the percussion and vibration bladder layer to provide percussion and vibration therapy (paragraph [0097]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the person support surface of modified Receveur to further include a percussion and vibration bladder layer, and wherein the person support surface further includes an enclosure, the enclosure housing at least one of a pneumatic air control box or an electrical air control box that controls percussion and vibration bladders of the percussion and vibration bladder layer to provide percussion and vibration therapy, as taught by Lafleche, for the purpose of allowing a user to simultaneously receive vibration percussion therapy during their treatment (paragraph [0090] Lafleche), thereby improving patient outcome.
Claims 15-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Receveur (US 2012/0022414) in view of Meyer (US 20180064593), DeFranks (US 2019/0174930), and Chase (US 2019/0133873).
Claim 15, Receveur discloses (Fig. 1-3 and 8) a person support system, comprising:
a person support surface comprising a plurality of bladders (bladders 26)
an air supply fluidly coupled to the plurality of bladders such that air is supplied by the air supply to each one of the plurality of bladders;
at least one air control box fluidly coupled to the air supply and the plurality of bladders, the at least one air control box configured to direct air from the air supply to periodically inflate and deflate a plurality of zones of bladders of the support cushion layer and the foot bladder layer to provide air therapy;
a user interface (user interface 42)
and
a controller (controller 52) communicatively coupled to the air supply and the air control box (paragraph [0040] and Fig. 8), the controller configured to generate a control schedule that directs an inflation level of each of the zones of bladders only within the at least one selected sector based on the selected air therapy (actuates valves, based on user interface input, to inflate/deflate selected zones based on therapy selected (percussion vibration therapy or alternative pressure therapy), see paragraphs [0028] and [0039]-[0040]), and instruct the air supply and the at least one air control box in accordance with the control schedule (see paragraphs [0028] and [0039]-[0040])
Receveaur discloses the plurality of bladders are arranged within a support cushion layer (mattress cover 18), but does not disclose the plurality of bladders arranged in a foot bladder layer.
However, Meyer teaches (Fig. 1-3A) a plurality of bladders (bladders 60, 62, 64) encased in a support cushion layer (topper 86) and a foot bladder layer (foot bladders 64 arranged within cover 67, see paragraph [0133] and Fig. 3A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Receveaur such that the the plurality of bladders arranged in a foot bladder layer, as taught by Meyer, for the purpose of allowing the foot bladders be contained in a separate housing so that the patient support surface can bend and allow for a user to be in a reclined position (as shown in Figs 6A-8A of Meyer).
Modified Recevaur does not disclose each one of the plurality of bladders fluidly sealed from each other one of the plurality of bladders.
However, DeFranks teaches (Fig. 5) a massage mattress comprising a plurality of bladders (30) supplied by an air supply (pump 45), wherein each one of the plurality of bladders fluidly sealed from each other one of the plurality of bladders (all bladders independently inflatable/deflatable due to each bladder having a controller-controlled valve 49).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Receveaur such that air each one of the plurality of bladders fluidly sealed from each other one of the plurality of bladders, as taught by DeFranks, for the purpose of improving customization and/or types of massage provided by allowing all bladders, including those within a specific zone, to be individually actuatable.
Modified Receveur discloses the controller controls the inflation/deflation of bladders based on user input (paragraph [0035] and [0040[), but does not disclose the controller is configured to receive, via the user interface, an input corresponding to at least one selected sector of a plurality of sectors of the person support surface and a selected air therapy for the at least one selected sector, determine which of the plurality of zones of bladders are located within the at least one selected sector of the plurality of sectors by accessing information relating to which of the plurality of sectors are mapped to the plurality of bladders, wherein the user interface is programmed to receive one or more inputs to adjust at least a size and a location of the at least one selected sector to define a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector, generate a control schedule that directs an inflation level of each of the zones of bladders within the resized sector based on the selected air therapy, generate a control schedule that directs an inflation level of each of the zones of bladders within the resized sector based on the selected air therapy, and adjusting an internal air pressure of each of the plurality of bladders of each of the zones within the at least one selected sector independently of one another while providing a different internal air pressure of each remaining bladder located outside the at least one selected sector.
However, Chase teaches (Fig. 1-2 and 5-12C) an inflation therapy device comprising a user interface (80) connected to a controller (80), where a user inputs which region of the body they would like to experience inflation therapy on (as shown in Fig. 5-12C) and the controller is configured to determine which of the plurality of zones of bladders are located within a sector of the plurality of sectors by accessing information relating to which of the plurality of sectors are mapped to the plurality of bladders selected via a user interface (i.e. when user selects “head and neck” region shown in Fig. 8, the zones of bladders located in the head and neck region are actuated by the controller to deliver massage to a user, see paragraphs [0098]-[0099]. User can further select specifically the head, neck, or both to be massaged as shown in Fig. 9 and described in paragraph [0101]. See also paragraph [0051] for description of controller controlling bladders individually or in combination, based on user inputs, and paragraph [0061] and [0111] for selection and customization of therapy programs), wherein the user interface is programmed to receive one or more inputs to adjust at least a size and a location of the at least one selected sector (via button 356 which allows for the sector to be adjusted in size and location i.e. user can subsequently choose U3 via button 384 which redefines sector to additionally include the chest region) to define a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector (user interface 80 receives input from user to select a an original sector, i.e. sector U2 trunk only in Fig. 10 para. [0103], and further configured to receive an input from user, i.e. choose a new treatment button 356 para. [0090]-[0091], to let a user adjust at least a size and a location of the at least one selected sector to define a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector, i.e. user selecting button 384 corresponding to U3 trunk and chest in Fig. 10 para. [0103], which adjusts the size by increasing the size of the sector from just being trunk to being trunk and chest, and adjusting location by changing location to include the chest location. Customized because the plurality of buttons allow for the sector to be customized to a user’s preference of therapy size/location (and also for pressure adjustment, Fig. 11C and paragraph [0106]), and the control schedule that directs an inflation level of each of the zones of bladders only within the at least one selected resized sector based on the selected air therapy (para. [0100]-[0101] and [106]-[0107]), and adjusting an internal air pressure of each of the plurality of bladders of each of the zones within the at least one selected sector independently of one another while providing a different internal air pressure of each remaining bladder located outside the at least one selected sector (bladders can be independently controllable and those selected for therapy have a different pressure compared to those not in therapy, see paragraphs [0051] and [0098]-[0101]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of modified Receveaur to be configured to receive an input corresponding to at least one selected sector of a plurality of sectors of the person support surface and a selected air therapy for the at least one selected sector by accessing information relating to which of the plurality of sectors are mapped to the plurality of bladders, wherein the user interface is programmed to receive one or more inputs to adjust at least a size and a location of the at least one selected sector to define a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector, determine which of the plurality of zones of bladders are located within the at least one selected sector, generate a control schedule that directs an inflation level of each of the zones of bladders within the at least one selected resized sector based on the selected air therapy, and adjusting an internal air pressure of each of the plurality of bladders of each of the zones within the at least one selected sector independently of one another while providing a different internal air pressure of each remaining bladder located outside the at least one selected sector, as taught by Chase, for the purpose of improving customization and/or types of massage provided by allowing a user to select specific regions of interest to be massaged and only those regions to be massaged, and for the controller to be able to perform the functions accordingly.
Regarding claim 16, modified Receveur discloses wherein the plurality of sectors of the person support surface include a first head sector (head only sector in Fig. 9 Chase), a second head sector (head and neck and vest sector in Fig. 9 Chase), a seat sector (trunk and thigh sector in Fig. 11A Chase), and a foot sector (foot sector in Fig. 11A Chase).
Regarding claim 19, modified Receveur discloses wherein the plurality of bladders of the support cushion layer are oriented transverse to a longitudinal axis of the person support surface (bladders 26 of Receveur oriented transverse to longitudinal axis as shown in Fig. 2), but does not disclose each of the plurality of bladders is cylindrically shaped.
However, Meyer further teaches (Fig. 3A) a plurality of bladders (head support bladders 60, seat support bladders 62, and foot support bladders 64) that are cylindrically shaped (see cylindrical shape in Fig. 3A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the bladders of modified Receveur to be cylindrical, as taught by Meyer, for the purpose of improving pressure imparted on a user by making the highest point of contact of the bladders curved instead of flat. Furthermore, outside evidence criticality, it is been held that a mere change in shape of a structure is a matter of design choice and therefore would be obvious to one of ordinary skill in the art (see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Receveur (US 2012/0022414 in view of Meyer (US 20180064593), DeFranks (US 2019/0174930), and Chase (US 2019/0133873), and further in view of O’Keefe (US 2011/0258780).
Regarding claim 18, modified Receveur does not disclose the person support surface further comprises a second plurality of bladders arranged in a turn assist bladder layer, a percussion and vibration bladder, a first lateral side bolster and a second lateral side bolster of a surface foundation layer, a working cushion layer positioned between the first lateral side bolster and the second lateral side bolster of the surface foundation layer, and an advanced articulation bladder layer.
However, O’Keefe teaches (Fig. 11-12) a person support surface comprising a plurality of bladders (bladders of structrues 90, 92 and 93) and further comprising a second plurality of bladders arranged in a turn assist bladder layer (left and right torso rotation structures 98,99, para [0062]), a percussion and vibration bladder (vibration assembly 84 including percussion and vibration bladders 86), a first lateral side bolster and a second lateral side bolster (left and right bolsters, each comprising a large bolster 105 and small bolster 107, that are positioned on left and right lateral sides as shown in Fig. 12) of a surface foundation layer (comprising head support 104 and body support 106), a working cushion layer (left and right working cushions 94,95) positioned between the first lateral side bolster and the second lateral side bolster of the surface foundation layer (see Fig. 11-12), and an advanced articulation bladder layer (thigh rotation structures 100,101, which cause rotation and thus articulation of the bladders situated above them).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the patient support surface of modified Receveur to further include a second plurality of bladders arranged in a turn assist bladder layer, a percussion and vibration bladder, a first lateral side bolster and a second lateral side bolster of a surface foundation layer, a working cushion layer positioned between the first lateral side bolster and the second lateral side bolster of the surface foundation layer, and an advanced articulation bladder layer, as taught by O’Keefe, for the purpose of allowing a user to be articulated in a variety of positions so that user comfort and therapeutic outcome are improved (Abstract).
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Receveur (US 2012/0022414) in view of Meyer (US 20180064593), DeFranks (US 2019/0174930), and Chase (US 2019/0133873), and further in view of Dyevich (US 2013/0081208).
Regarding claim 20, modified Dyevich discloses wherein the foot bladder layer includes a distal end, a proximal end (see proximal end of foot support 67 of Meyer that has opening to receive foot bladders 64 and distal end of foot support 67 that has closed end in Fig. 3A Meyer), and a plurality of foot air bladders oriented transverse to a longitudinal axis of the person support surface (see foot bladders of Receveur in Fig. 2 as well as those of Meyer Fig. 3A that are oriented in this fashion), the plurality of foot air bladders are arranged to realize a first height at a proximal end of the foot bladder layer and a second height at a distal end of the foot bladder layer (bladders inherently have a height when inflated. Applicant has not claimed the first and second heights are different, thus Receveur discloses a first height of bladders at a first end and second height of bladders at second end when the bladders inflate), but does not disclose such that the foot bladder layer slopes downward from the proximal end toward the distal end.
However, Dyevich teaches (Fig. 1-3) a foot cover (106) that is sloped such that when bladders within inflate (Dyevich does not disclose bladders, but when combined with the combined Receveur reference the combined invention would include bladder contained therein), the plurality of foot air bladders are arranged to realize a first height at a proximal end of the foot bladder layer and a second height at a distal end of the foot bladder layer such that the foot bladder layer slopes downward from the proximal end toward the distal end (due to the shape of the cover 106, when the bladders of modified Receveur inflate to the same height (applicant has not claimed these heights are different), the foot bladder layer slopes downward because the cover itself slopes downward).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of modified Recevuer such that the foot bladder layer slopes downward from the proximal end toward the distal end, as taught by Dyevich, for the purpose of providing a more comfortable cushion by allowing the heels to be suspended (paragraphs [0040] Dyevich).
Response to Arguments
Applicant’s arguments filed 12/23/2025 have been fully considered.
Regarding rejection of claims 1 and 15, applicant argued (page 9 paragraph 4 and page 10 paragraph 1 Remarks) that Chase does not teach or suggest that the user interface is programmed to receive one or more inputs to adjust at least a size and location and of the sector to define a resized sector by receiving input corresponding to a customized area containing the at least one selected sector, as Chase is silent regarding the giving the user the ability to specifically customize a sector by, for example, dragging a box in the interface to define a resized sector.
Examiner respectfully disagrees.
First, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., giving the user the ability to specifically customize a sector by, for example, dragging a box in the interface to define a resized sector) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant appears to interpret the terms “resize” and “customize” in very narrow terms to mean along the lines of dragging a box in the interface to define a resized sector as recited in paragraph [0129] of applicant’s original specification. However at this time applicant has only claimed receiving “inputs” that adjust the size and location to define a resized sector that corresponds to a customized area containing the sector. Chase discloses the interface allows a user to select an original sector, i.e. U2 trunk region via button 384, receive an input to adjust the size and location of this sector (via button 356 which allows for the sector to be adjusted in size and location i.e. user can subsequently choose U3 via button 384 which redefines sector to additionally include the chest region), which defines a resized sector by receiving an input corresponding to a customized area containing the at least one selected sector (button 384 corresponding to U3 trunk and chest, which adjusts the size of original sector by increasing the size of the sector from just being trunk (when U2 was selected) to being trunk and chest (when U3 selected), and adjusting the location by changing location to include the chest location. User could alternately change sector by changing the location from being to trunk (via U2) to hand only (i.e. U6 option of button 384). Customized because the plurality of buttons available allow for the sector to be customized to a user’s preference of where the therapy should take place and size of where therapy takes place (and also for pressure adjustment, Fig. 11C and paragraph [0106]).
Applicant suggested to amend the claims to include the user interface and controller features discussed in paragraph [0129] if applicant wishes to have the claims interpreted as they appear to be suggesting in the remarks (i.e. regarding the resizing and customization comments).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785