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 .
Status of Claims
Claims 1-2 and 4-20 are rejected. Claim 3 is canceled.
Response to Arguments
Claim Rejections - 35 USC § 112
Regarding the 112(a) rejection of claims 15-20, Applicant asserts that the amendment overcomes the rejection. While the amendment overcomes the rejection for claim 15, claim 20 still recites “sleep condition.” Therefore, the rejection is maintained for claim 20.
The 112(b) rejection of claims 11-14 has been withdrawn in view of the amendment.
Regarding the 112(b) rejection of claims 4 and 10, the rejection for claim 4 is maintained and the rejection for claim 10 is withdrawn in view of the amendment. Claim 4 recites “a combination of the individual data” seems unclear. Claim 2 recites “individual data comprises a respiratory rate, a heart rate, a temperature, a humidity, a sleeping location, and/or a sleeping position of the individual.” Since individual data could include only selecting one option from the list of “a respiratory rate, a heart rate, a temperature, a humidity, a sleeping location, and/or a sleeping position of the individual,” it remains unclear how there could be “a combination of the individual data” when the individual data is a singular data type. Applicant is encouraged to change claim 4 similarly to claim 17 to overcome this rejection.
Claim Rejections - 35 USC § 101
Applicant asserts that the claims have been amended and are not directed to encompass a human organism and are not directed to a judicial exception. Applicant further asserts that independent claims 1 and 10 incorporate any alleged judicial exception into a practical application, and/or that amended claims 1 and 10 amount to significantly more than any alleged judicial exception.
Regarding the human organism rejection of claims 1-14, the claims are directed to apparatus claims and still recite “an individual on a mattress.” As such, the limitation requires that the mattress would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation.
Regarding the 101 rejection directed to an abstract idea, the rejection has been withdrawn in view of the amendment.
Claim Rejections - 35 USC § 102 and 103
Applicant asserts that Saghiri does not disclose, teach, or reasonably suggest, among other features, "determine, using [] individual data, an identity of the individual on the mattress," "communicate, based on the determined identity of the individual, a signal to a remote device associated with the individual," much less where "the signal caus[es] the remote device to activate an application hosted on the remote device," "receiv[ing], from the remote device, an individual setting determined by the application based on a condition associated with the individual data" and "adjust[ing] at least one feature of the smart best based on the individual setting," as recited in claims 1, 10, and 15. However, Saghiri teaches some of the above amended limitations including:
communicate, based on the determined identity of the individual, a signal to a remote device associated with the individual (col. 7 and lines 14-19-user devices 290 may be communicatively coupled to smart bed 100 either directly, e.g., via Bluetooth protocol, or indirectly, e.g., via local and/or global networks (Wi-Fi, Internet). Controller 170 is configured to deliver to user devices 290 various sensor and other like data, obtaining by controller 170; col. 2 and lines 21-26-determine at least one of a heart rate, a respiration rate, or tossing rate of the one or more users in the multifunctional smart bed, wherein the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity), and
adjust at least one feature of the smart bed based on the individual setting (col. 7 and lines 58-60-user interface 280, which may be used by a user (e.g., while the user is in smart bed 100) to control various functions of smart bed 100; col. 7 and lines 65-67-user interface 280 comprises a dedicated set of input devices (e.g., switches, dials) for controlling specific functions of smart bed 100).
Newly applied reference Youngblood (US 20220105308) teaches the remaining amended limitations including:
the signal causing the remote device to activate an application hosted on the remote device (¶178-the at least one remote device preferably has a user interface (e.g., a mobile application for a smartphone or tablet) that allows the stress reduction and sleep promotion system to adjust the parameters of the stress reduction and sleep promotion system; ¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user); and
receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data (¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user; ¶234-the mobile application sets the temperature warmer (e.g., room temperature and/or mattress/mattress pad temperature) and monitors the body temperature to determine that the body temperature is warming; ¶254-allows the mobile application to adjust the settings of the mattress pad to wake the user at an optimal time within a sleep cycle).
Double Patenting
Applicant asserts that the provisional nonstatutory double patenting rejections are moot and overcame based on the amendments to independent claims 1, 10, and 15. However, this is unpersuasive as the pending claims are found obvious over the prior claims 1, 3, 5-8, 10-21, and 23-24 in copending Application No. 17/978173 in view of Saghiri (US 10905249), Youngblood (US 20220105308), and Yang (US 20210204720) as shown in the rejection below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/16/26 is being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification does not provide proper antecedent basis for the amended subject matter of “remote device” as claimed. Applicant is encouraged to change the claimed limitations of “remote device” to “portable electronic device” as supported in ¶45 of the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a pressurization system that adjusts…” in claims 7 and 12,
“a ventilation system that adjusts…” in claims 8 and 13, and
“a temperature control system that adjusts…” in claims 9 and 14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
For “a pressurization system that adjusts…” in claims 7 and 12, the specification recites “the processor 50 may: provide the mattress 20 with a pre-set firmness with the a pressurization system 42 of the mattress 20” (¶42). Therefore, the Examiner is interpreting a pressurization system that adjusts… to be performed by the processor.
For “a ventilation system that adjusts…” in claims 8 and 13, the specification recites “the processor 50 may…cause the sleep surface 24 to be ventilated by a ventilation system 44 of the mattress 20” (¶42). Therefore, the Examiner is interpreting a ventilation system that adjusts… to be performed by the processor.
For “a temperature control system that adjusts…” in claims 9 and 14, the specification recites “the processor 50 may…cause the sleep surface 24 to be heated or cooled to a pre-set temperature” (¶42). Therefore, the Examiner is interpreting a temperature control system that adjusts… to be performed by the processor.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 20 recites “a sleep condition.” However, there is insufficient written description under 35 U.S.C. 112(a), due to the specification not disclosing any species that encompass the broad or large genus of any or all possible sleep conditions. MPEP 2163(II)(A)(3)(a)(ii) states:
The written description requirement for a claimed genus may be satisfied through sufficient description of a representative number of species by actual reduction to practice (see i)(A) above), reduction to drawings (see i)(B) above), or by disclosure of relevant, identifying characteristics, i.e., structure or other physical and/or chemical properties, by functional characteristics coupled with a known or disclosed correlation between function and structure, or by a combination of such identifying characteristics, sufficient to show the inventor was in possession of the claimed genus (see i)(C) above). See Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406. See Juno Therapeutics, Inc. v. Kite Pharma, Inc., 10 F.4th 1330, 1337, 2021 USPQ2d 893 (Fed. Cir. 2021) ( "[T]he written description must lead a person of ordinary skill in the art to understand that the inventor possessed the entire scope of the claimed invention. Ariad, 598 F.3d at 1353–54 ('[T]he purpose of the written description requirement is to ensure that the scope of the right to exclude, as set forth in the claims, does not overreach the scope of the inventor's contribution to the field of art as described in the patent specification.' (internal quotation marks omitted).").”
While the specification discloses the individual’s sleep position, user movement, movement of bedding, and snoring (¶45), there are not a sufficient number of species disclosed to encompass the broad or large genus of any or all possible sleep conditions.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 4, the limitation of “a combination of the individual data” seems unclear. The claims recite “individual data comprises a respiratory rate, a heart rate, a temperature, a humidity, a sleeping location, and/or a sleeping position of the individual.” Since individual data can only be one thing, it remains unclear how it is a combination if there is only one type of data.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-14 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claims 1, 3, 5, and 10 includes the limitation of “the individual on the mattress.” As such, the limitation requires that the mattress would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation. Applicant should be recommended to change the claimed limitation to –while the individual is on the mattress-- in order to overcome this 101 rejection.
Claims 6 and 11 include the limitation of “identity of the individual on the mattress.” As such, the limitation requires that the mattress would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation. Applicant should be recommended to change the claimed limitation to –an adjustable frame configured to carry the mattress and adjust an orientation of at least the portion of the mattress in response to the identity of the individual on the mattress.--
Claims 7 and 12 include the limitation of “identity of the individual on the mattress.” As such, the limitation requires that the mattress would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation. Applicant should be recommended to change the claimed limitation to – a pressurization system configured to carry the mattress and adjust a pressure of at least the portion of the mattress in response to the identity of the individual on the mattress.—
Claims 8 and 13 include the limitation of “identity of the individual on the mattress.” As such, the limitation requires that the mattress would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation. Applicant should be recommended to change the claimed limitation to – a ventilation system configured to carry the mattress and adjust ventilation of at least the portion of the mattress in response to the identity of the individual on the mattress.—
Claims 9 and 14 include the limitation of “identity of the individual on the mattress.” As such, the limitation requires that the mattress would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation. Applicant should be recommended to change the claimed limitation to –a temperature control system configured to carry the mattress and adjust a temperature of at least the portion of the mattress in response to the identity of the individual on the mattress.—
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.
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.
Claims 1-2, 4-6, 9-11, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Saghiri (US 10905249 filed on 5/29/20) in view of Youngblood (US 20220105308 filed on 12/16/21).
Regarding claim 1, Saghiri teaches a smart bed, comprising: a mattress including at least one sensor (col. 3 and lines 26-27-a ballistocardiogram (BCG) belt, embedded into the mattress of the multifunctional smart bed); and a processor that communicates with the at least one sensor (col. 2 and lines 20-21-a ballistocardiogram belt, communicatively coupled to the controller), the processor programmed to: receive, from the at least one sensor, individual data associated with an individual on the mattress (col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed); determine, using the individual data, an identity of the individual on the mattress (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed); communicate, based on the determined identity of the individual, a signal to a remote device associated with the individual (col. 7 and lines 14-19-user devices 290 may be communicatively coupled to smart bed 100 either directly, e.g., via Bluetooth protocol, or indirectly, e.g., via local and/or global networks (Wi-Fi, Internet). Controller 170 is configured to deliver to user devices 290 various sensor and other like data, obtaining by controller 170; col. 2 and lines 21-26-determine at least one of a heart rate, a respiration rate, or tossing rate of the one or more users in the multifunctional smart bed, wherein the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity), and adjust at least one feature of the smart bed based on the individual setting (col. 7 and lines 58-60-user interface 280, which may be used by a user (e.g., while the user is in smart bed 100) to control various functions of smart bed 100; col. 7 and lines 65-67-user interface 280 comprises a dedicated set of input devices (e.g., switches, dials) for controlling specific functions of smart bed 100). However, Saghiri does not teach the signal causing the remote device to activate an application hosted on the remote device; and receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data.
Youngblood relates broadly and generally to articles, methods, and systems for stress reduction and sleep promotion (¶2). Youngblood further teaches the invention using the following steps:
the signal causing the remote device to activate an application hosted on the remote device (¶178-the at least one remote device preferably has a user interface (e.g., a mobile application for a smartphone or tablet) that allows the stress reduction and sleep promotion system to adjust the parameters of the stress reduction and sleep promotion system; ¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user); and receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data (¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user; ¶234-the mobile application sets the temperature warmer (e.g., room temperature and/or mattress/mattress pad temperature) and monitors the body temperature to determine that the body temperature is warming; ¶254-allows the mobile application to adjust the settings of the mattress pad to wake the user at an optimal time within a sleep cycle).
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 Saghiri to include the signal causing the remote device to activate an application hosted on the remote device; and receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data of Youngblood in order to autonomously optimize the stress reduction and sleep promotion system without requiring input from a user (Saghiri, ¶173).
Regarding claim 2, the combination of Saghiri and Youngblood teaches the smart bed of claim 1, wherein the individual data comprises a respiratory rate, a heart rate, a temperature, a humidity, a sleeping location, and/or a sleeping position of the individual (Saghiri, col. 2 and lines 20-23-a ballistocardiogram belt, communicatively coupled to the controller and configured to determine at least one of a heart rate, a respiration rate, or tossing rate of the one or more users in the multifunctional smart bed; col. 6 and lines 33-36-environmental sensors 180 are configured to measure the temperature, humidity, air quality, atmospheric pressure, light level, noise level, and/or other characteristics in the environment surrounding smart bed 100).
Regarding claim 4, the combination of Saghiri and Youngblood teaches the smart bed of claim 2, wherein the processor is programmed to determine the identity of the individual based on a combination of the individual data (Saghiri, col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed).
Regarding claim 5, the combination of Saghiri and Youngblood teaches the smart bed of claim 1, wherein the processor is further programmed to adjust a state of at least a portion of the mattress based on the identity of the individual on the mattress (Saghiri, col. 2 and lines 53-55-adjusting at least one or more bed characteristics of the multifunctional smart bed; col. 4 and lines 41-42-adjust the hardness of one or more sections of the mattress; col. 8 and lines 31-35-environment module 210 may determine the desired environment characteristics based on…the identity of the user).
Regarding claim 6, the combination of Saghiri and Youngblood teaches the smart bed of claim 5, further comprising: an adjustable frame that carries the mattress and adjusts an orientation of at least the portion of the mattress in response to the identity of the individual on the mattress (Saghiri, col. 4 and lines 10-11-control various actuators of the smart bed (e.g., changing the orientation of different frame portions); col. 8 and lines 31-35-environment module 210 may determine the desired environment characteristics based on…the identity of the user (e.g., determined from the weight, sound profile)).
Regarding claim 9, the combination of Saghiri and Youngblood teaches the smart bed of claim 5, further comprising: a temperature control system that adjusts a temperature of at least the portion of the mattress in response to the identity of the individual on the mattress (Saghiri, col. 9 and lines 40-45-bed heating module 240 is used to control the power applied to each of one or more heating blankets, heating pillows, heating bedsheets, and/or heating mattresses of smart bed 100, e.g., based on various inputs received by controller 170 and/or based on various determinations by controller 170; col. 8 and lines 31-35-the environment module 210 may determine the desired environmental characteristics based on…the identity of the user).
Regarding claim 10, Saghiri teaches a smart bed, comprising: a mattress including at least one sensor (col. 3 and lines 26-27-a ballistocardiogram (BCG) belt, embedded into the mattress of the multifunctional smart bed); and a processor that communicates with the at least one sensor (col. 2 and lines 20-21-a ballistocardiogram belt, communicatively coupled to the controller), the processor programmed to: receive, from the at least one sensor, individual data comprising at least one of a respiratory rate, a heart rate, a temperature, a humidity, a sleeping location, and/or a sleeping position of an individual on the mattress (col. 2 and lines 20-23-a ballistocardiogram belt, communicatively coupled to the controller and configured to determine at least one of a heart rate, a respiration rate, or tossing rate of the one or more users in the multifunctional smart bed; col. 6 and lines 33-36-environmental sensors 180 are configured to measure the temperature, humidity, air quality, atmospheric pressure, light level, noise level, and/or other characteristics in the environment surrounding smart bed 100); process the individual data to determine an identity of the individual on the mattress (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed); communicate, based on the determined identity of the individual, a signal to a remote device associated with the individual (col. 7 and lines 14-19-user devices 290 may be communicatively coupled to smart bed 100 either directly, e.g., via Bluetooth protocol, or indirectly, e.g., via local and/or global networks (Wi-Fi, Internet). Controller 170 is configured to deliver to user devices 290 various sensor and other like data, obtaining by controller 170; col. 2 and lines 21-26-determine at least one of a heart rate, a respiration rate, or tossing rate of the one or more users in the multifunctional smart bed, wherein the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity), and adjust at least one feature of the smart bed based on the individual setting (col. 7 and lines 58-60-user interface 280, which may be used by a user (e.g., while the user is in smart bed 100) to control various functions of smart bed 100; col. 7 and lines 65-67-user interface 280 comprises a dedicated set of input devices (e.g., switches, dials) for controlling specific functions of smart bed 100). However, Saghiri does not teach the signal causing the remote device to activate an application hosted on the remote device; and
receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data.
the signal causing the remote device to activate an application hosted on the remote device (¶178-the at least one remote device preferably has a user interface (e.g., a mobile application for a smartphone or tablet) that allows the stress reduction and sleep promotion system to adjust the parameters of the stress reduction and sleep promotion system; ¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user); and receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data (¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user; ¶234-the mobile application sets the temperature warmer (e.g., room temperature and/or mattress/mattress pad temperature) and monitors the body temperature to determine that the body temperature is warming; ¶254-allows the mobile application to adjust the settings of the mattress pad to wake the user at an optimal time within a sleep cycle).
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 Saghiri to include the signal causing the remote device to activate an application hosted on the remote device; and receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data of Youngblood in order to autonomously optimize the stress reduction and sleep promotion system without requiring input from a user (Saghiri, ¶173).
Regarding claim 11, the combination of Saghiri and Youngblood teaches the smart bed of claim 10, wherein the at least one feature of the smart bed comprises: an adjustable frame that carries the mattress and adjusting the at least one feature of the smart bed comprises adjusting an orientation of at least a portion of the mattress in response to the identity of the individual on the mattress (Saghiri, col. 4 and lines 10-11-control various actuators of the smart bed (e.g., changing the orientation of different frame portions); col. 8 and lines 31-35-environment module 210 may determine the desired environment characteristics based on…the identity of the user (e.g., determined from the weight, sound profile)).
Regarding claim 14, the combination of Saghiri and Youngblood teaches the smart bed of claim 10, wherein the at least one feature of the smart bed comprises: a temperature control system and adjusting the at least one feature of the smart bed comprises adjusting a temperature of at least a portion of the mattress in response to the identity of the individual on the mattress (Saghiri, col. 9 and lines 40-45-bed heating module 240 is used to control the power applied to each of one or more heating blankets, heating pillows, heating bedsheets, and/or heating mattresses of smart bed 100, e.g., based on various inputs received by controller 170 and/or based on various determinations by controller 170; col. 8 and lines 31-35-the environment module 210 may determine the desired environmental characteristics based on…the identity of the user).
Regarding claim 15, Saghiri teaches a method for adjusting at least one feature of a smart bed, comprising: receiving, from at least one sensor of the smart bed, individual data associated with an individual on a mattress of the smart bed (col. 2 and lines 20-23-a ballistocardiogram belt, communicatively coupled to the controller and configured to determine at least one of a heart rate, a respiration rate, or tossing rate of the one or more users in the multifunctional smart bed; col. 6 and lines 33-36-environmental sensors 180 are configured to measure the temperature, humidity, air quality, atmospheric pressure, light level, noise level, and/or other characteristics in the environment surrounding smart bed 100); determining, using the individual data, an identity of the individual on the mattress of the smart bed (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed); communicating, based on the determined identity of the individual, a signal to a remote device associated with the individual (col. 7 and lines 14-19-user devices 290 may be communicatively coupled to smart bed 100 either directly, e.g., via Bluetooth protocol, or indirectly, e.g., via local and/or global networks (Wi-Fi, Internet). Controller 170 is configured to deliver to user devices 290 various sensor and other like data, obtaining by controller 170; col. 2 and lines 21-26-determine at least one of a heart rate, a respiration rate, or tossing rate of the one or more users in the multifunctional smart bed, wherein the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity), and adjusting the at least one feature of the smart bed (col. 7 and lines 58-60-user interface 280, which may be used by a user (e.g., while the user is in smart bed 100) to control various functions of smart bed 100; col. 7 and lines 65-67-user interface 280 comprises a dedicated set of input devices (e.g., switches, dials) for controlling specific functions of smart bed 100). However, Saghiri does not teach the signal causing the remote device to activate an application hosted on the remote device; and receiving, from the remote device, an individual setting determined by the application based on a condition associated with the individual data; and based on the individual setting.
Youngblood teaches the signal causing the remote device to activate an application hosted on the remote device (¶178-the at least one remote device preferably has a user interface (e.g., a mobile application for a smartphone or tablet) that allows the stress reduction and sleep promotion system to adjust the parameters of the stress reduction and sleep promotion system; ¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user); and receiving, from the remote device, an individual setting determined by the application based on a condition associated with the individual data; and based on the individual setting (¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user; ¶234-the mobile application sets the temperature warmer (e.g., room temperature and/or mattress/mattress pad temperature) and monitors the body temperature to determine that the body temperature is warming; ¶254-allows the mobile application to adjust the settings of the mattress pad to wake the user at an optimal time within a sleep cycle).
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 Saghiri to include the signal causing the remote device to activate an application hosted on the remote device; and receiving, from the remote device, an individual setting determined by the application based on a condition associated with the individual data; and based on the individual setting of Youngblood in order to autonomously optimize the stress reduction and sleep promotion system without requiring input from a user (Saghiri, ¶173).
Regarding claim 16, the combination of Saghiri and Youngblood teaches the method of claim 15, wherein determining the identity the individual on the mattress is based on individual data including at least one of a respiratory rate, a heart rate, a humidity, a sleeping location, and/or a sleeping position of the individual on the mattress as determined with the at least one sensor (Saghiri, col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed).
Regarding claim 17, the combination of Saghiri and Youngblood teaches the method of claim 15, wherein determining the identity of the individual on the mattress is based on individual data including a combination of a respiratory rate, a heart rate, a humidity, a sleeping location, and/or a sleeping position of the individual on the mattress as determined with the at least one sensor (Saghiri, col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed).
Regarding claim 18, the combination of Saghiri and Youngblood teaches the method of claim 15, wherein adjusting the at least one feature comprises at least one of: adjusting an orientation of at least a portion of the mattress (Saghiri, col. 4 and lines 10-11-control various actuators of the smart bed (e.g., changing the orientation of different frame portions); col. 8 and lines 31-35-environment module 210 may determine the desired environment characteristics based on…the identity of the user (e.g., determined from the weight, sound profile)); adjusting a pressure of at least the portion of the mattress; actuating or adjusting ventilation of at least the portion of the mattress; and adjusting a temperature of at least the portion of the mattress (Saghiri, col. 9 and lines 40-45-bed heating module 240 is used to control the power applied to each of one or more heating blankets, heating pillows, heating bedsheets, and/or heating mattresses of smart bed 100, e.g., based on various inputs received by controller 170 and/or based on various determinations by controller 170).
Regarding claim 19, the combination of Saghiri and Youngblood teaches the method of claim 15, wherein the individual setting is a preference of the individual on the mattress (Saghiri, col. 16 and lines 2-6-the user may provide input via user interface 280 of controller 170 and/or user device 290, which is communicatively coupled to smart bed 100. Some examples of the user input include, e.g., mattress hardness, sound selection, light selection, heating blanket temperature, and the like).
Claims 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Saghiri in view of Youngblood as applied to claims 5 and 10 above, and further in view of Karschnik (US 20160242562 filed on 2/24/16).
Regarding claim 7, the combination of Saghiri and Youngblood teaches the smart bed of claim 5. However, the combination of Saghiri and Youngblood does not teach a pressurization system that adjusts a pressure of at least the portion of the mattress in response to the identity of the individual on the mattress.
Karschnik teaches a pressurization system that adjusts a pressure of at least the portion of the mattress in response to the identity of the individual on the mattress (¶24-in response to detection of the identity of the subject, setting the firmness of the substrate to an identity-specific firmness).
Karschnik relates to beds, and more particularly to adjustable beds (¶2).
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 Saghiri to include a pressurization system that adjusts a pressure of at least the portion of the mattress in response to the identity of the individual on the mattress of Karschnik in order to modify the firmness to the identity-specific firmness based on the profile (Karschnik, ¶183).
Regarding claim 12, the combination of Saghiri and Youngblood teaches the smart bed of claim 10. However, the combination of Saghiri and Youngblood does not teach wherein the at least one feature of the smart bed comprises: a pressurization system and adjusting the at least one feature of the smart bed comprises adjusting a pressure of at least a portion of the mattress in response to the identity of the individual on the mattress.
Karschnik teaches wherein the at least one feature of the smart bed comprises: a pressurization system and adjusting the at least one feature of the smart bed comprises adjusting a pressure of at least a portion of the mattress in response to the identity of the individual on the mattress (¶24-in response to detection of the identity of the subject, setting the firmness of the substrate to an identity-specific firmness).
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 Saghiri to include wherein the at least one feature of the smart bed comprises: a pressurization system and adjusting the at least one feature of the smart bed comprises adjusting a pressure of at least a portion of the mattress in response to the identity of the individual on the mattress of Karschnik in order to modify the firmness to the identity-specific firmness based on the profile (Karschnik, ¶183).
Claims 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Saghiri in view of Youngblood as applied to claims 5 and 10 above, and further in view of Yang (US 20210204720 filed on 12/31/20).
Regarding claim 8, the combination of Saghiri and Youngblood teaches the smart bed of claim 5. However, the combination of Saghiri and Youngblood does not teach a ventilation system that adjusts ventilation of at least the portion of the mattress in response to the identity of the individual on the mattress.
Yang teaches a ventilation system that adjusts ventilation of at least the portion of the mattress in response to the identity of the individual on the mattress (¶377-adjust various operations of the airflow pad controller 1602, such as conditioning air, supplying or drawing air to/from the airflow pads 1606A and 1606B, etc., and/or operations of other components in the bed system 1100; ¶360-the air chamber controller 1302 can also be configured to determine other characteristics of a user based on the received pressure signal, such as…the identity of the user).
Yang relates to bed systems, and more particularly to devices, systems, and methods for controlling air flow and temperature of a bed (¶2).
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 Saghiri to include a ventilation system that adjusts ventilation of at least the portion of the mattress in response to the identity of the individual on the mattress of Yang in order to provide precise microclimate control at the mattress, thereby permitting conformable sleep (Yang, ¶4).
Regarding claim 13, the combination of Saghiri and Youngblood teaches the smart bed of claim 10. However, the combination of Saghiri and Youngblood does not teach wherein the at least one feature of the smart bed comprises: a ventilation system and adjusting the at least one feature of the smart bed comprises adjusting a ventilation of at least a portion of the mattress in response to the identity of the individual on the mattress.
Yang teaches wherein the at least one feature of the smart bed comprises: a ventilation system and adjusting the at least one feature of the smart bed comprises adjusting a ventilation of at least a portion of the mattress in response to the identity of the individual on the mattress (¶377-adjust various operations of the airflow pad controller 1602, such as conditioning air, supplying or drawing air to/from the airflow pads 1606A and 1606B, etc., and/or operations of other components in the bed system 1100; ¶360-the air chamber controller 1302 can also be configured to determine other characteristics of a user based on the received pressure signal, such as…the identity of the user).
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 Saghiri to include wherein the at least one feature of the smart bed comprises: a ventilation system and adjusting the at least one feature of the smart bed comprises adjusting a ventilation of at least a portion of the mattress in response to the identity of the individual on the mattress of Yang in order to provide precise microclimate control at the mattress, thereby permitting conformable sleep (Yang, ¶4).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Saghiri in view of Youngblood as applied to claim 15 above, and further in view of Yu (US 20200405526 filed on 12/27/17).
Regarding claim 20, the combination of Saghiri and Youngblood teaches the method of claim 15. However, the combination of Saghiri and Youngblood does not teach wherein the individual setting is based on a sleep condition of the individual on the mattress.
Yu teaches wherein the individual setting is based on a sleep condition of the individual on the mattress (¶14-when it is detected that the user is snoring in the snoring detecting step S 900 , snoring of the user is stopped due to pressure changes of the air pocket 110 and the air cell 72).
Yu relates to a method of operating a smart mattress system for preventing snoring which can stop snoring of a user (¶1).
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 Saghiri to include wherein the individual setting is based on a sleep condition of the individual on the mattress of Yu in order for preventing snoring (Yu, ¶1).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4-7, 9-12, and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5-8, 10-21, and 23-24 of copending Application No. 17/978173 in view of Saghiri (US 10905249) and Youngblood (US 20220105308).
This is a provisional nonstatutory double patenting rejection. See the table below for a matching of the claims.
Claims of the Present Application (17/566973)
Claims of US Application 17/978173
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
1, 10, 15
1, 15, 17
Saghiri teaches process the individual data to determine an identity of the individual on the mattress (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed); communicate, based on the determined identity of the individual, a signal to a remote device associated with the individual (col. 7 and lines 14-19-user devices 290 may be communicatively coupled to smart bed 100 either directly, e.g., via Bluetooth protocol, or indirectly, e.g., via local and/or global networks (Wi-Fi, Internet). Controller 170 is configured to deliver to user devices 290 various sensor and other like data, obtaining by controller 170; col. 2 and lines 21-26-determine at least one of a heart rate, a respiration rate, or tossing rate of the one or more users in the multifunctional smart bed, wherein the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity). 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 the copending application to include process the individual data to determine an identity of the individual on the mattress and communicate, based on the determined identity of the individual, a signal to a remote device associated with the individual of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
Youngblood teaches the signal causing the remote device to activate an application hosted on the remote device (¶178-the at least one remote device preferably has a user interface (e.g., a mobile application for a smartphone or tablet) that allows the stress reduction and sleep promotion system to adjust the parameters of the stress reduction and sleep promotion system; ¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user); and receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data (¶173-the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user; ¶234-the mobile application sets the temperature warmer (e.g., room temperature and/or mattress/mattress pad temperature) and monitors the body temperature to determine that the body temperature is warming; ¶254-allows the mobile application to adjust the settings of the mattress pad to wake the user at an optimal time within a sleep cycle). 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 the copending application to include the signal causing the remote device to activate an application hosted on the remote device; and receive, from the remote device, an individual setting determined by the application based on a condition associated with the individual data of Youngblood in order to autonomously optimize the stress reduction and sleep promotion system without requiring input from a user (Saghiri, ¶173).
2
17
4
Saghiri teaches to identify the individual based on a combination of the individual data (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed). 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 the copending application to include identifying the individual based on a combination of the individual data of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
5
1
Saghiri teaches to identify the individual on the mattress (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed). 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 the copending application to include identifying the individual on the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
6
15
Saghiri teaches to identify the individual on the mattress (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed). 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 the copending application to include identifying the individual on the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
7
5, 10
Saghiri teaches to identify the individual on the mattress (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed). 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 the copending application to include identifying the individual on the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
9
21, 24
Saghiri teaches to identify the individual on the mattress (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed). 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 the copending application to include identifying the individual on the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
11
15
Saghiri teaches an adjustable frame that carries the mattress and adjusting the at least one feature of the smart bed comprises adjusting an orientation of at least a portion of the mattress in response to the identity of the individual on the mattress (Saghiri, col. 4 and lines 10-11-control various actuators of the smart bed (e.g., changing the orientation of different frame portions); col. 8 and lines 31-35-environment module 210 may determine the desired environment characteristics based on…the identity of the user (e.g., determined from the weight, sound profile)). 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 the copending application to include an adjustable frame that carries the mattress and adjusting the at least one feature of the smart bed comprises adjusting an orientation of at least a portion of the mattress in response to the identity of the individual on the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
12
5, 10
Saghiri teaches to identify the individual on the mattress (col. 2 and lines 10-12-the controller is further configured to determine identity of the one or more users in the multifunctional smart bed; col. 2 and lines 24-27- the controller is configured to match at least one of the heart rate, the respiration rate, or the tossing rate of the user identity of the one or more users in the multifunctional smart bed). 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 the copending application to include identifying the individual on the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
14
21, 24
Saghiri teaches wherein the at least one feature of the smart bed comprises: a temperature control system and adjusting the at least one feature of the smart bed comprises adjusting a temperature of at least a portion of the mattress in response to the identity of the individual on the mattress (Saghiri, col. 9 and lines 40-45-bed heating module 240 is used to control the power applied to each of one or more heating blankets, heating pillows, heating bedsheets, and/or heating mattresses of smart bed 100, e.g., based on various inputs received by controller 170 and/or based on various determinations by controller 170; col. 8 and lines 31-35-the environment module 210 may determine the desired environmental characteristics based on…the identity of the user).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 the copending application to include wherein the at least one feature of the smart bed comprises: a temperature control system and adjusting the at least one feature of the smart bed comprises adjusting a temperature of at least a portion of the mattress in response to the identity of the individual on the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
16
1, 17
17
1, 17
18
12, 19, 21, 24
Saghiri teaches wherein adjusting the at least one feature comprises at least one of: adjusting an orientation of at least a portion of the mattress (Saghiri, col. 4 and lines 10-11-control various actuators of the smart bed (e.g., changing the orientation of different frame portions); col. 8 and lines 31-35-environment module 210 may determine the desired environment characteristics based on…the identity of the user (e.g., determined from the weight, sound profile)); adjusting a pressure of at least the portion of the mattress; actuating or adjusting ventilation of at least the portion of the mattress; and adjusting a temperature of at least the portion of the mattress (Saghiri, col. 9 and lines 40-45-bed heating module 240 is used to control the power applied to each of one or more heating blankets, heating pillows, heating bedsheets, and/or heating mattresses of smart bed 100, e.g., based on various inputs received by controller 170 and/or based on various determinations by controller 170). 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 the copending application to include wherein adjusting the at least one feature comprises at least one of: adjusting an orientation of at least a portion of the mattress; adjusting a pressure of at least the portion of the mattress; actuating or adjusting ventilation of at least the portion of the mattress; and adjusting a temperature of at least the portion of the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
19
Saghiri teaches wherein the individual setting is a preference of the individual on the mattress (Saghiri, col. 16 and lines 2-6-the user may provide input via user interface 280 of controller 170 and/or user device 290, which is communicatively coupled to smart bed 100. Some examples of the user input include, e.g., mattress hardness, sound selection, light selection, heating blanket temperature, and the like). 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 the copending application to include wherein the individual setting is a preference of the individual on the mattress of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
Claims 8 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5-8, 10-21, and 23-24 of copending Application No. 17/978173 in view of Saghiri and further in view of Yang (US 20210204720).
This is a provisional nonstatutory double patenting rejection. See the table below for a matching of the claims.
Claims of the Present Application (17/566973)
Claims of US Application 17/978173
Secondary Reference Yang (US 20210204720)
8
12
Yang teaches a ventilation system that adjusts ventilation of at least the portion of the mattress in response to the identity of the individual on the mattress (¶377-adjust various operations of the airflow pad controller 1602, such as conditioning air, supplying or drawing air to/from the airflow pads 1606A and 1606B, etc., and/or operations of other components in the bed system 1100; ¶360-the air chamber controller 1302 can also be configured to determine other characteristics of a user based on the received pressure signal, such as…the identity of the user).
Yang relates to bed systems, and more particularly to devices, systems, and methods for controlling air flow and temperature of a bed (¶2).
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 the copending application to include a ventilation system that adjusts ventilation of at least the portion of the mattress in response to the identity of the individual on the mattress of Yang in order to provide precise microclimate control at the mattress, thereby permitting conformable sleep (Yang, ¶4).
13
12
Yang teaches wherein the at least one feature of the smart bed comprises: a ventilation system and adjusting the at least one feature of the smart bed comprises adjusting a ventilation of at least a portion of the mattress in response to the identity of the individual on the mattress (¶377-adjust various operations of the airflow pad controller 1602, such as conditioning air, supplying or drawing air to/from the airflow pads 1606A and 1606B, etc., and/or operations of other components in the bed system 1100; ¶360-the air chamber controller 1302 can also be configured to determine other characteristics of a user based on the received pressure signal, such as…the identity of the user).
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 the copending application to include wherein the at least one feature of the smart bed comprises: a ventilation system and adjusting the at least one feature of the smart bed comprises adjusting a ventilation of at least a portion of the mattress in response to the identity of the individual on the mattress of Yang in order to provide precise microclimate control at the mattress, thereby permitting conformable sleep (Yang, ¶4).
Claim 20 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6 of copending Application No. 17/978173 in view of Saghiri, Youngblood, and further in view of Yang (US 20210204720).
This is a provisional nonstatutory double patenting rejection. See the table below for a matching of the claims.
Claims of the Present Application (17/566973)
Claims of US Application 17/978173
Secondary Reference Yu (US 20200405526)
20
1, 6
Yu teaches wherein the individual setting is based on a sleep condition of the individual on the mattress (¶14-when it is detected that the user is snoring in the snoring detecting step S 900 , snoring of the user is stopped due to pressure changes of the air pocket 110 and the air cell 72). 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 Saghiri to include wherein the individual setting is based on a sleep condition of the individual on the mattress of Yu in order for preventing snoring (Yu, ¶1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11311111 as cited in the IDS, where the control(s) 230 may comprise any suitable, user-adjustable and/or program-adjustable (i.e., artificial intelligence (AI) adjustable) climate control system, which may enable an individual and/or programming of the control(s) 230 to control the manner in which air flows and, optionally, one or more characteristics of air flowing through the ventilated mattress 10 (col. 7 and lines 17-23).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/L.N.H./Examiner, Art Unit 3792
/AMANDA L STEINBERG/Examiner, Art Unit 3792
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