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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered.
Response to Arguments
Applicant’s arguments, see Remarks pg. 7, filed 12/29/2025, with respect to the rejection of claim 15 under 35 USC 112 have been fully considered and are persuasive in view of the amendment to the claim. The rejection of claim 15 under 35 USC 112 has been withdrawn.
Applicant’s arguments, see Remarks pg. 9, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 have been fully considered and are persuasive in view of the amendment to the claim. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Adams et al. (US 2021/0244194). See rejection below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US 2020/0405526) in view of Lyons (US 2012/0041343), further in view of Adams et al. (US 2021/0244194) (hereinafter Adams).
Regarding claim 1, Yu discloses a smart bed (Abstract discloses a smart mattress), comprising: a mattress (Fig. 8, mattress 10) including: a sleep surface (Fig. 8, body portion 12 of mattress 10); at least one sensor associated with the sleep surface (Fig. 11 depicts components of mattress 10 including microphone 22 and pressure sensor unit 14), the at least one sensor comprising a sensor that detects at least one component of an activity by an individual on the sleep surface indicative of a condition that adversely affects restful sleep by the individual (para. 14: “the air mattress 10 including a microphone 22 measuring noise around the air mattress 10 and a snoring determination unit 23 determining whether the user is snoring”; para. 23: “a snoring checking step S920 of when the noise is detected in the noise detecting step S910, checking whether the average change amount of the pressure change amount calculated during the preset time range T4 from the noise detection point T3 is within the preset range D to check whether the user is snoring, wherein it may be recognized that the user is snoring when the average change amount of the pressure change is within the preset range D”, i.e., both the microphone and pressure sensor are used to determine snoring); an adjustor that adjusts a state of the sleep surface (Fig. 11, air pump 15); and a processor in communication with the at least one sensor and the adjustor (Fig. 11, mattress controller 13), the processor programmed to: process signals from the at least one sensor to detect the activity by the individual on the sleep surface indicative of the condition that adversely affects restful sleep by the individual (snoring determination unit 23, which is interpreted to be a computer program of the mattress controller); and upon detecting the activity by the individual, cause the adjustor to adjust the state of the sleep surface in a manner that reduces the activity by the individual (para. 24: “Furthermore, the method may further include: a snoring stopping step S930 of when the snoring determination unit 23 determines that the user is snoring, repeating air inflow and air discharge of the air pockets 110 or the air cell 72 to apply vibration to the user due to repeated pressure adjustment, thereby allowing the user to transition from the deep sleep (NREM sleep) state to the light sleep (REM sleep) state to stop snoring of the user”).
Yu does not disclose the at least one sensor comprises an inclinometer, and wherein the processor processes signals from the inclinometer to detect respiration that disrupts the individual’s sleep. Yu also does not disclose a receptacle extending within a body of the mattress, the adjustor partially positioned within the receptacle.
Lyons, however, teaches a system for detecting sleep disorders (Abstract) wherein a sleep apnea detection system includes an inclinometer which outputs signals to a sleep apnea processing unit (para. 45; Fig. 2D, sleep apnea detection circuit 200D includes inclinometer 206). When the subject positions himself or herself in a sleep apnea inducing position, the sleep apnea detection apparatus may alert the subject by generating a stimulus, such as an audible alarm. In this way, the subject may adjust his or her position so that the subject is no longer in the sleep apnea inducing position. A subject may be alerted when the subject assumes a sleep apnea inducing position by monitoring the position of the subject's head using a sleep apnea detection apparatus that includes an inclinometer (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Yu such that the at least one sensor comprises an inclinometer, wherein the processor processes signals from the inclinometer to detect respiration that disrupts the individual’s sleep. Making this modification would be useful for alerting a subject such that the subject may adjust his or her position so that the subject is no longer in the sleep apnea inducing position, as taught by Lyons.
Furthermore, Adams teaches a mattress having an interchangeable pump change cartridge wherein the pump cartridge is removable from the pump cartridge receptacle to permit the blower to be repaired or replaced without having to discard the mattress (Abstract; Fig. 2 depicts receptacle 12 within mattress which receives pump cartridge 14; para. 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Yu to include a receptacle extending within a body of the mattress, the adjustor partially positioned within the receptacle. Making this modification would be useful for repairing or replacing the pump without damaging or discarding the mattress, as taught by Adams.
Regarding claim 5, Yu discloses the adjustor comprises air bladders that are inflatable independently from one another (Fig. 1, air pockets 110; para. 14: “an initial pressure adjusting step S200 of individually adjusting pressure of an air pocket 110 of the air mattress 10”) and a pump in communication with interiors of the air bladders (Fig. 11, air pump 15); and the processor is programmed to cause the pump in communication with the interiors of the air bladders to adjust a pressure in at least one air bladder of the air bladders to affect a change in the subject's respiration (para. 24: “Furthermore, the method may further include: a snoring stopping step S930 of when the snoring determination unit 23 determines that the user is snoring, repeating air inflow and air discharge of the air pockets 110 or the air cell 72 to apply vibration to the user due to repeated pressure adjustment, thereby allowing the user to transition from the deep sleep (NREM sleep) state to the light sleep (REM sleep) state to stop snoring of the user”).
Regarding claim 10, Yu discloses the adjustor comprises: air bladders that are inflatable independently from one another (Fig. 1, air pockets 110; para. 14: “an initial pressure adjusting step S200 of individually adjusting pressure of an air pocket 110 of the air mattress 10”); and a pressurization system that controls a pressure of each air bladder of the air bladders (Fig. 11, mattress controller 13 and air pump 15 provide claimed pressurization system).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over modified Yu in view of Horgan (US 2006/0021240).
Regarding claim 3, modified Yu does not teach the inclinometer is positioned at a location on the sleep surface that receives a chest and/or a back of the individual.
Horgan, however, teaches an electronic inclinometer (Abstract) wherein an inclinometer is attached to the region of the patient’s bed which receives the patient’s upper body (Fig. 1, inclinometer 20 attached to bed; para. 13: “An inclinometer 20 is attached [to the bed] in the region of the patient's upper body”). The apparatus uses an inclinometer that is attached in the region of the patient's upper body to measure the physical orientation of the patient's upper body, which is then transmitted to a display. In one embodiment, the display can be set to display a plurality of alarm conditions (Abstract) in the case of an unfavorable patient upper body position (para. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Yu such that the inclinometer is positioned at a location on the sleep surface that receives a chest and/or a back of the individual. Making this modification would be useful for ascertaining an unfavorable patient upper body position and transmitting an alert, as taught by Horgan.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Chapin (US 2014/0223665), further in view of Adams.
Regarding claim 6, Yu discloses a smart bed, comprising: a mattress including: a sleep surface; at least one sensor associated with the sleep surface, the at least one sensor comprising a sensor that detects at least one component of an activity by an individual on the sleep surface indicative of a condition that adversely affects restful sleep by the individual; an adjustor that adjusts a state of the sleep surface; and a processor in communication with the at least one sensor and the adjustor, the processor programmed to: process signals from the at least one sensor to detect the activity by the individual on the sleep surface indicative of the condition that adversely affects restful sleep by the individual; and upon detecting the activity by the individual, cause the adjustor to adjust the state of the sleep surface in a manner that reduces the activity by the individual (see rejection of claim 1 above), wherein the at least one sensor comprises a pressure or motion sensor (Fig. 11, pressure sensor unit 14), and wherein: the adjustor comprises air bladders that are inflatable independently from one another (Fig. 1, air pockets 110; para. 14: “an initial pressure adjusting step S200 of individually adjusting pressure of an air pocket 110 of the air mattress 10”) and a pump in communication with interiors of the air bladders (Fig. 11, air pump 15).
Yu does not disclose the processor is programmed to cause the pump to repeatedly adjust a pressure in at least one air bladder of the air bladders to generate movement in a wave-like manner in the mattress; a receptacle extending within a body of the mattress, the adjustor partially positioned within the receptacle.
Chapin, however, teaches an air mattress apparatus includes an air mattress which comprised of an array of air bladder cells that are individually inflatable to quiescent pressure levels which provide comfortable support for the body of a human, and a pressure-pulse generator controlled by a wave sequence generator for introducing into ordered patterns of air bladder cells a wave-like time sequence of air pressure pulses which vary quiescent pressure levels in the cells, the pressure wave resulting in a traveling wave of support force variation which travels over the surfaces of the pulsed air bladder cells, thus inhibiting formation of bedsores. The wave pattern may optionally simulate water waves and/or rocking motions of a boat to produce relaxing effects (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Yu such that the processor is programmed to cause the pump to repeatedly adjust a pressure in at least one air bladder of the air bladders to generate movement in a wave-like manner in the mattress. Making this modification would be useful for inhibiting formation of bedsores and producing relaxing effects, as taught by Chapin.
Furthermore, Adams teaches a mattress having an interchangeable pump change cartridge wherein the pump cartridge is removable from the pump cartridge receptacle to permit the blower to be repaired or replaced without having to discard the mattress (Abstract; Fig. 2 depicts receptacle 12 within mattress which receives pump cartridge 14; para. 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Yu to include a receptacle extending within a body of the mattress, the adjustor partially positioned within the receptacle. Making this modification would be useful for repairing or replacing the pump without damaging or discarding the mattress, as taught by Adams.
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over modified Yu in view of Oakhill (US 2011/0224510).
Regarding claims 7-8, modified Yu does not teach the sensor is positioned at a location on the sleep surface that receives legs and/or feet presence of the individual, wherein the processor receives signals from the at least one sensor to detect a leg and/or foot movement indicative of restless leg syndrome; wherein detecting the at least one component of the activity by the sleeping individual comprising detecting a leg and/or foot movement indicative of restless leg syndrome.
Oakhill, however, teaches a system for bedding with sleep diagnostics (Abstract) wherein sensors to detect motion may be disposed near the foot of the bed for detecting leg motion indicative of restless leg syndrome (para. 39, last sentence). It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Yu such that the sensor is positioned at a location on the sleep surface that receives legs and/or feet presence of the individual, wherein the processor receives signals from the at least one sensor to detect a leg and/or foot movement indicative of restless leg syndrome; wherein detecting the at least one component of the activity by the sleeping individual comprising detecting a leg and/or foot movement indicative of restless leg syndrome. Making this modification would be useful for detecting restless leg syndrome, as taught by Oakhill.
Claim(s) 11 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over modified Yu in view of Saghiri (US 10905249).
Regarding claims 11 and 13-14, modified Yu does not disclose the adjustor comprises a temperature control system, wherein the temperature control system includes at least one heating element and at least one cooling effect.
Saghiri, however, teaches a multifunctional smart bed (Abstract) wherein smart bed 100 comprises one or more environment adjusters 190, which are specific examples of actuators 160. Environment adjusters 190 may be configured to adjust the temperature and/or other characteristics in the environment surrounding smart bed 100. Some examples of environment adjusters 190 include, but are not limited to heaters and fans (Col. 6-7, ll. 62-2; see also Fig. 1A-C for reference numerals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Yu such that the adjustor comprises a temperature control system, wherein the temperature control system includes at least one heating element and at least one cooling effect. Making this modification would be useful for adjusting the temperature in the environment surrounding the smart bed, as taught by Saghiri.
Regarding claim 15, Yu does not disclose the adjustor comprises an adjustable frame that carries the mattress; and the processor is programmed to cause the adjustable frame that carries the mattress to adjust an orientation of at least a portion of the mattress to change an orientation of a head and/or a body of the individual.
Saghiri, however, teaches an adjustor comprising an adjustable frame that carries the mattress (Fig. 1C, adjustable frame portions 130, 140, 150), wherein the processor is programmed to cause the adjustable frame that carries the mattress to adjust an orientation of at least a portion of the mattress to change an orientation of a head and/or a body of the individual (Col. 5-6, ll. 59-16). Furthermore, upon detection of snoring, controller 170 instructs one or more drives to change the position of one or more of head section 130, torso section 140, and leg section 150. Referring to FIG. 1C, in specific examples, controller 170 instructs first drive 161 to increase the angle of head section 130, relative to the ground, thereby raising the sleeper's head position. The change in head position is known to stop the snoring temporarily because the breathing airways blocked by the relaxed larynx muscles get cleared by the change of position of the head. Each time the snoring is resumed the head position is moved again, at slow speed (e.g., at less than 5° per minute) to avoid waking up the sleeping person. For example, raising user's head about 20° to 30° from the horizontal plane opens the nasal airway passages and may prevent snoring (Col. 11, ll. 36-50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Yu such that the adjustor comprises an adjustable frame that carries the mattress; and the processor is programmed to cause the adjustable frame that carries the mattress to adjust an orientation of at least a portion of the mattress to change an orientation of a head and/or a body of the individual. Making this modification would be useful for facilitating raising the sleeper's head position in order to stop the snoring temporarily, as taught by Saghiri.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over modified Yu in view of Saghiri, further in view of Barnhart (US 7913332).
Regarding claim 12, modified Yu does not teach the temperature control system includes a ventilation system.
Barnhart, however, teaches a ventilator system for a bed that withdraws air from under the bedding covers to provide fresh airflow along a sleeper's body is disclosed. The bed ventilator system includes an air removal extraction device at one end of a single bed, or along the lower-half sides of a shared bed, between the bottom sheet and the bed covers at the mattress top surface. A conduit directs withdrawn air from the extraction device to a vacuum generating system that provides negative air pressure as a motive force to withdraw air. The system provides air flow in the natural hair follicle direction, relieving bed occupants from both temperature and bodily odor distractions (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Yu such that the temperature control system includes a ventilation system. Making this modification would be useful for providing fresh airflow along a sleeper’s body, as taught by Barnhart.
Claim(s) 16-19 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Wang et al. (US 2022/0287474) (hereinafter Wang), further in view of Adams.
Regarding claim 16, Yu discloses a method for addressing an activity by a sleeping individual indicative of a condition that adversely affects restful sleep by the sleeping individual, comprising: monitoring the sleeping individual; detecting at least one component of the activity by the sleeping individual; and adjusting, by an adjustor, a state of a sleep surface of a mattress in response to the activity to reduce the activity by the sleeping individual (see rejection of claim 1 above), wherein the adjustor comprises air bladders positioned in the mattress that are inflatable from one another (see rejection of claim 5 above).
Yu does not disclose detecting at least one component of the activity by the sleeping individual comprising detecting a temperature of at least a portion of the sleeping individual by at least one sensor associated with a sleep surface of a mattress; wherein the mattress comprises a receptacle, wherein the adjustor is positioned at least partially within the receptacles.
Wang, however, teaches a bed with temperature adjustments (Abstract) wherein the temperature detector 40 is arranged on the surface of the mattress 20 to directly sense the surface temperature, so as to improve the accuracy of monitoring, and facilitate the controller of the bed to adjust the heating member 30, and thus the temperature of the mattress 20 is more suitable for sleep. In order to detect the surface temperature of the mattress and make it easier for the user to sleep, all the temperature sensors 42 in one embodiment are distributed along the width direction of the mattress 20. That is, the plurality of temperature sensors 42 can be arranged relative to the back of the human body. The average number of the temperature sensors 42 is used to obtain the surface temperature of the mattress 20 to improve the accuracy. In addition, if the mattress 20 is a double bed, the temperature sensors 42 are installed corresponding to where each user lies, so as to adapt to the different temperature requirements of the user (para. 50). During the sleeping duration, the temperature detector 40 is always turned on for continuously temperature monitoring (para. 54)
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Yu to include detecting at least one component of the activity by the sleeping individual comprising detecting a temperature of at least a portion of the sleeping individual by at least one sensor associated with the sleep surface. Making this modification would be useful for making it easier for the user to sleep, as suggested by Wang.
Furthermore, Adams teaches a mattress having an interchangeable pump change cartridge wherein the pump cartridge is removable from the pump cartridge receptacle to permit the blower to be repaired or replaced without having to discard the mattress (Abstract; Fig. 2 depicts receptacle 12 within mattress which receives pump cartridge 14; para. 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Yu to include a receptacle extending within a body of the mattress, the adjustor partially positioned within the receptacle. Making this modification would be useful for repairing or replacing the pump without damaging or discarding the mattress, as taught by Adams.
Regarding claims 17-18, Yu discloses monitoring the sleeping individual comprises monitoring breathing of the sleeping individual, wherein detected the at least one component of the activity by the sleeping individual comprises detecting snoring by the sleeping individual (Fig. 11, snoring determination unit 23).
Regarding claim 19, Yu discloses adjusting the state of the sleep surface comprises adjusting a pressure of at least a portion of the sleep surface in a manner that moves a head or a body of the sleeping individual to reduce the snoring (para. 24: “Furthermore, the method may further include: a snoring stopping step S930 of when the snoring determination unit 23 determines that the user is snoring, repeating air inflow and air discharge of the air pockets 110 or the air cell 72 to apply vibration to the user due to repeated pressure adjustment, thereby allowing the user to transition from the deep sleep (NREM sleep) state to the light sleep (REM sleep) state to stop snoring of the user”).
Regarding claim 24, modified Yu teaches adjusting the state of the sleep surface comprises adjusting a temperature of at least a portion of the sleep surface on which the portion of the sleeping individual lies (see rejection of claim 16 above).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over modified Yu in view of Oakhill.
Claim 20 is rejected for the same reasons as claims 7-8 as set forth above.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over modified Yu in view of Oakhill, further in view of Burbank et al. (US 2019/0151190) (hereinafter Burbank).
Regarding claim 21, modified Yu does not teach adjusting the state of the sleep surface comprises at least one of: causing a portion of the sleep surface to move a leg and/or foot of the sleeping individual in a manner that reduces further movement of the leg and/or foot of the sleeping individual; and adjusting a temperature of a portion of the sleep surface to reduce further movement of the leg and/or foot of the sleeping individual.
Burbank, however, teaches devices and methods for treating restless leg syndrome (Abstract), wherein an air bladder under the patient’s leg causes the thigh muscles to flex as the patient's knee is lifted. Similarly, the calf is flexed as the patient's knee is lifted. The flexion of either or both of these muscles provides a counter-stimulation to restless leg syndrome (RLS) (para. 177; with reference to Figs. 26-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Yu such that adjusting the state of the sleep surface comprises: causing a portion of the sleep surface to move a leg and/or foot of the sleeping individual in a manner that reduces further movement of the leg and/or foot of the sleeping individual. Making this modification would be useful for providing a counter-stimulation to RLS, as taught by Burbank.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over modified Yu in view of Agdeppa et al. (US 2021/0183504) (hereinafter Agdeppa).
Regarding claim 23, modified Yu does not teach detecting the at least one component of the activity by the sleeping individual comprises determining whether or not at least the portion of the sleeping individual is covered by bed linens.
Agdeppa, however, teaches patient bed exit prediction utilizing motion sensors to determine when a patient is removing covers from the patient's bed. An algorithm generated from training data obtained in controlled experiments is used to analyze the sensor information to determine when patient movements indicate that a blanket or covers are being removed by a patient in a bed. When such patient movements are detected, an alert can be issued to caregivers through a call system so that the caregiver is notified that a patient at risk for falling needs assistance in getting out of bed (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Yu to include detecting the at least one component of the activity by the sleeping individual comprises determining whether or not at least the portion of the sleeping individual is covered by bed linens. Making this modification would be useful so that an alert can be issued to caregivers through a call system so that the caregiver is notified that a patient at risk for falling needs assistance in getting out of bed, as taught by Agdeppa.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Van Vugt et al. (US 2013/0289432) discloses detection of breathing in the bedroom (Abstract);
Benson et al. (US 2015/0164409) discloses a sleep system for obtaining sleep state information (Abstract);
Sackner et al. (US 6155976) discloses a reciprocating movement bed platform (Abstract; Fig. 1) for providing relief from restless leg syndrome (Col. 1, ll. 16-25).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anant A Gupta whose telephone number is (571)272-8088. The examiner can normally be reached Mon-Fri 9 am - 5 pm ET.
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/A.A.G./Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792