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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/15/26 has been entered.
Status of Claims
Claims 1-2 and 5-20 are rejected. Claims 3-4 are canceled.
Response to Arguments
Specification Objection
The previous specification objection has been withdrawn in view of the amendment to the claim language.
Claim Rejections - 35 USC § 112
The previous 112(a) rejection of claim 20 has been withdrawn in view of the amendment.
The previous 112(b) rejection of claim 4 has been withdrawn in view of the claim being canceled.
Claim Rejections - 35 USC § 101
Applicant’s arguments, see Remarks, filed 6/15/26, with respect to claims 1-2 and 5-14 have been fully considered and are persuasive. The 101 rejection of claims 1-2 and 5-14 has been withdrawn.
Claim Rejections - 35 USC § 103
Applicant’s arguments with respect to claims 1-2 and 5-20 have been considered and are persuasive as to the teachings of Saghiri and Youngblood alone, and therefore merit new grounds for rejection in view of Coffey (US 20230000396 filed on 9/11/20).
Coffey teaches the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device (¶59-timing of the transceiver may be controlled by the microcontroller for implementing a variable range gating operation with a plurality of detection ranges by changing a range gating setting to change the sensor to monitor a resident in a second range when the resident moves to the second range from a first range previously monitored by the sensor; ¶64-the control system is able to receive the data generated by the sensor 250 and determine that the resident 20 is generally centrally positioned within the receiving space 355 of the configurable bed apparatus 350; ¶61-these settings may be configurable, e.g. by the resident, caregiver, or installer, etc., through a controller, such as through a software application (e.g., an app) on a smartphone. Additionally, these ranges can be automatically optimized by the system, using movement, activity, respiration, and heart (i.e. from ballistocardiogram) features; ¶115-the methodologies described may be executed by one or more processors such as (i) with an application on a processing or computing device, such as a mobile phone (e.g., smartphone), smart speaker, a smart TV, a smart watch, or tablet computer; ¶166-if and/or when a resident is identified based on the resident's physiological parameters and/or biometrics, a smart phone associated with the resident can be automatically called by the system 100 and/or patched through to a human monitor).
Applicant’s remarks appear to be directed solely to whether the previous combination of references teaches the newly amended subject matter. Therefore, these remarks are unpersuasive in light of the new grounds for rejection in view of the Coffey reference.
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 1-2 and 5-20 in copending Application No. 17/978173 in view of Saghiri (US 10905249), Youngblood (US 20220105308), Coffey (US 20230000396), Yang (US 20210204720), and Yu (US 20200405526) as shown in the rejections below. The Examiner notes that additional provisional nonstatutory double patenting rejections have been included for 17/978198, 17/978119, and 18/100818.
Claim Objections
Claim 11 is objected to because of the following informalities: claim 11, line 4 recites “adjusting adjusts.” Applicant is encouraged to change the limitation to recite –adjusting--. Appropriate correction is required.
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:
“the portable electronic device to activate…” in claims 1, 10, and 15,
“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 portable electronic device” in claims 1, 10, and 15, the specification discloses “a portable electronic device (e.g., a smart phone, a tablet computer, a smart watch, etc.)” (¶10). Therefore, the Examiner is interpreting a portable electronic device to be a smart phone, a tablet computer, a smart watch, or equivalents thereof.
For “a pressurization system that adjusts…” in claims 7 and 12, the specification discloses “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, or equivalents thereof.
For “a ventilation system that adjusts…” in claims 8 and 13, the specification discloses “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, or equivalents thereof.
For “a temperature control system that adjusts…” in claims 9 and 14, the specification discloses “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, or equivalents thereof.
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 § 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, 5-6, 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) and Coffey (US 20230000396 filed on 9/11/20).
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 while the individual is 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 while the individual is 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, in response to the determined identity of the individual, a signal to a portable electronic device of the individual (col. 7 and lines 9-19-smart bed 100 is communicatively coupled to one or more user devices 290 and/or smart bed service unit 295 . Some examples of user devices 290 include, but are not limited to, a smartphone, smartwatch, tablet computer, laptop computer, desktop computer, smart home centers/hubs, and the like. 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 an 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 explicitly teach the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device; and receive, from the portable electronic 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 step:
receive, from the portable electronic 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 receiving, from the portable electronic 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 (Youngblood, ¶173).
While the combination teaches that the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user (Youngblood, ¶173), the combination does not explicitly teach the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device.
Coffey relates generally to systems and methods for predicting and preventing impending falls, and more particularly, to systems and methods for predicting and preventing impending falls of a resident of a facility (e.g., a hospital, an assisted living facility, or a home) using a sensor (¶2). Coffey further teaches the invention using the following step:
the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device (¶59-timing of the transceiver may be controlled by the microcontroller for implementing a variable range gating operation with a plurality of detection ranges by changing a range gating setting to change the sensor to monitor a resident in a second range when the resident moves to the second range from a first range previously monitored by the sensor; ¶64-the control system is able to receive the data generated by the sensor 250 and determine that the resident 20 is generally centrally positioned within the receiving space 355 of the configurable bed apparatus 350; ¶61-these settings may be configurable, e.g. by the resident, caregiver, or installer, etc., through a controller, such as through a software application (e.g., an app) on a smartphone. Additionally, these ranges can be automatically optimized by the system, using movement, activity, respiration, and heart (i.e. from ballistocardiogram) features; ¶115-the methodologies described may be executed by one or more processors such as (i) with an application on a processing or computing device, such as a mobile phone (e.g., smartphone), smart speaker, a smart TV, a smart watch, or tablet computer; ¶166-if and/or when a resident is identified based on the resident's physiological parameters and/or biometrics, a smart phone associated with the resident can be automatically called by the system 100 and/or patched through to a human monitor).
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 waking a processor of the portable electronic device to activate an application hosted on the portable electronic device of Coffey in order to learn over time the typical movements patterns for an individual during sleep (Coffey, ¶179) and adjust the configurable bed apparatus (Coffey, ¶16).
Regarding claim 2, the combination of Saghiri, Youngblood, and Coffey 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 5, the combination of Saghiri, Youngblood, and Coffey 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, Youngblood, and Coffey 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, Youngblood, and Coffey 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 while the individual is 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 while the individual is 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, in response to the determined identity of the individual, a signal to a portable electronic device of 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 an individual setting (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 explicitly teach the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device; and to receive, from the portable electronic device, an individual setting determined by the application based on a condition associated with the individual data.
Youngblood teaches to receive, from the portable electronic 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 receiving, from the portable electronic 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 (Youngblood, ¶173).
While the combination teaches that the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user (Youngblood, ¶173), the combination does not explicitly teach the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device.
Coffey teaches the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device (¶59-timing of the transceiver may be controlled by the microcontroller for implementing a variable range gating operation with a plurality of detection ranges by changing a range gating setting to change the sensor to monitor a resident in a second range when the resident moves to the second range from a first range previously monitored by the sensor; ¶64-the control system is able to receive the data generated by the sensor 250 and determine that the resident 20 is generally centrally positioned within the receiving space 355 of the configurable bed apparatus 350; ¶61-these settings may be configurable, e.g. by the resident, caregiver, or installer, etc., through a controller, such as through a software application (e.g., an app) on a smartphone. Additionally, these ranges can be automatically optimized by the system, using movement, activity, respiration, and heart (i.e. from ballistocardiogram) features; ¶115-the methodologies described may be executed by one or more processors such as (i) with an application on a processing or computing device, such as a mobile phone (e.g., smartphone), smart speaker, a smart TV, a smart watch, or tablet computer; ¶166-if and/or when a resident is identified based on the resident's physiological parameters and/or biometrics, a smart phone associated with the resident can be automatically called by the system 100 and/or patched through to a human monitor).
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 waking a processor of the portable electronic device to activate an application hosted on the portable electronic device of Coffey in order to learn over time the typical movements patterns for an individual during sleep (Coffey, ¶179) and adjust the configurable bed apparatus (Coffey, ¶16).
Regarding claim 11, the combination of Saghiri, Youngblood, and Coffey 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, Youngblood, and Coffey 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 while the individual is 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 while the individual is 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, in response to the determined identity of the individual, a signal to a portable electronic 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 based on an individual setting, 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 explicitly teach the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device; and receiving, from the portable electronic device, an individual setting determined by the application based on a condition associated with the individual data.
Youngblood teaches receiving, from the portable electronic 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 receiving, from the portable electronic 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 (Youngblood, ¶173).
While the combination teaches that the system autonomously optimizes the stress reduction and sleep promotion system (e.g., surface temperature) without requiring input from a user (Youngblood, ¶173), the combination does not explicitly teach the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device.
Coffey teaches the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device (¶59-timing of the transceiver may be controlled by the microcontroller for implementing a variable range gating operation with a plurality of detection ranges by changing a range gating setting to change the sensor to monitor a resident in a second range when the resident moves to the second range from a first range previously monitored by the sensor; ¶64-the control system is able to receive the data generated by the sensor 250 and determine that the resident 20 is generally centrally positioned within the receiving space 355 of the configurable bed apparatus 350; ¶61-these settings may be configurable, e.g. by the resident, caregiver, or installer, etc., through a controller, such as through a software application (e.g., an app) on a smartphone. Additionally, these ranges can be automatically optimized by the system, using movement, activity, respiration, and heart (i.e. from ballistocardiogram) features; ¶115-the methodologies described may be executed by one or more processors such as (i) with an application on a processing or computing device, such as a mobile phone (e.g., smartphone), smart speaker, a smart TV, a smart watch, or tablet computer; ¶166-if and/or when a resident is identified based on the resident's physiological parameters and/or biometrics, a smart phone associated with the resident can be automatically called by the system 100 and/or patched through to a human monitor).
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 waking a processor of the portable electronic device to activate an application hosted on the portable electronic device of Coffey in order to learn over time the typical movements patterns for an individual during sleep (Coffey, ¶179) and adjust the configurable bed apparatus (Coffey, ¶16).
Regarding claim 16, the combination of Saghiri, Youngblood, and Coffey teaches the method of claim 15, wherein determining the identity the individual while the individual is 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, Youngblood, and Coffey teaches the method of claim 15, wherein determining the identity of the individual while 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, Youngblood, and Coffey 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, Youngblood, and Coffey 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 and Coffey 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, Youngblood, and Coffey teaches the smart bed of claim 5. However, the combination of Saghiri, Youngblood, and Coffey 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, Youngblood, and Coffey teaches the smart bed of claim 10. However, the combination of Saghiri, Youngblood, and Coffey 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 and Coffey 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, Youngblood, and Coffey teaches the smart bed of claim 5. However, the combination of Saghiri, Youngblood, and Coffey 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, Youngblood, and Coffey teaches the smart bed of claim 10. However, the combination of Saghiri, Youngblood, and Coffey 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 and Coffey 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, Youngblood, and Coffey teaches the method of claim 15. However, the combination of Saghiri, Youngblood, and Coffey does not teach wherein the individual setting is based on a sleep position of the individual on the mattress.
Yu teaches wherein the individual setting is based on a sleep position of the individual on the mattress (¶9-wherein a sleep posture of a user is determined such that pressure adjustment of an air mattress and pressure adjustment of an air pillow are possible depending on the sleep posture of the user; ¶122).
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 position 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.
The Examiner notes that there are double patenting rejections for 4 different US Copending Applications. The rejections are listed in order for US 17/978173, 17/978198, 17/978119, and 18/100818, respectively.
Claims 1-2, 5-7, 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), Youngblood (US 20220105308), and Coffey (US 20230000396).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, and Coffey as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978173
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
1, 10, 15
1, 6, 17
Saghiri teaches processing the individual data to determine an identity of the individual while the individual is 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); and communicating, in response to the determined identity of the individual, a signal to a portable electronic device of 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 while the individual is on the mattress and communicate, in response to the determined identity of the individual, a signal to a portable electronic device of the individual of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
Youngblood teaches receiving, from the portable electronic 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 receiving, from the portable electronic 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 (Youngblood, ¶173).
Coffey teaches the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device (¶59-timing of the transceiver may be controlled by the microcontroller for implementing a variable range gating operation with a plurality of detection ranges by changing a range gating setting to change the sensor to monitor a resident in a second range when the resident moves to the second range from a first range previously monitored by the sensor; ¶64-the control system is able to receive the data generated by the sensor 250 and determine that the resident 20 is generally centrally positioned within the receiving space 355 of the configurable bed apparatus 350; ¶61-these settings may be configurable, e.g. by the resident, caregiver, or installer, etc., through a controller, such as through a software application (e.g., an app) on a smartphone. Additionally, these ranges can be automatically optimized by the system, using movement, activity, respiration, and heart (i.e. from ballistocardiogram) features; ¶115-the methodologies described may be executed by one or more processors such as (i) with an application on a processing or computing device, such as a mobile phone (e.g., smartphone), smart speaker, a smart TV, a smart watch, or tablet computer; ¶166-if and/or when a resident is identified based on the resident's physiological parameters and/or biometrics, a smart phone associated with the resident can be automatically called by the system 100 and/or patched through to a human monitor). 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 waking a processor of the portable electronic device to activate an application hosted on the portable electronic device of Coffey in order to learn over time the typical movements patterns for an individual during sleep (Coffey, ¶179) and adjust the configurable bed apparatus (Coffey, ¶16).
2
17
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
11, 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
Saghiri teaches wherein determining the identity the individual while the individual is 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). 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 determining the identity of the individual while the individual is 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 of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
17
1, 17
Saghiri teaches wherein determining the identity of the individual while 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). 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 determining the identity of the individual while the individual is 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 of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
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, Youngblood, and Coffey, and further in view of Yang (US 20210204720).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, Coffey, and Yang as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978173
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
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). 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, Coffey, and further in view of Yu (US 20200405526).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, Coffey, and Yu as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978173
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
Secondary Reference Yu (US 20200405526)
20
1, 6
Yu teaches wherein the individual setting is based on a sleep position of the individual on the mattress (¶9-wherein a sleep posture of a user is determined such that pressure adjustment of an air mattress and pressure adjustment of an air pillow are possible depending on the sleep posture of the user; ¶122). 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 based on a sleep position of the individual on the mattress of Yu in order for preventing snoring (Yu, ¶1).
Claims 1-2, 5-6, 9-11, and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 3-15, and 17-22 of copending Application No. 17/978198 in view of Saghiri (US 10905249), and Youngblood (US 20220105308).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri and Youngblood as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978198
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
1, 10, 15
1, 8, 11, 20
Saghiri teaches communicating with the at least one sensor (col. 2 and lines 20-21-a ballistocardiogram belt, communicatively coupled to the controller); receiving, 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 while the individual is 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 while the individual is 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, in response to the determined identity of the individual, a signal to a portable electronic device of 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 an individual setting (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). 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 communicating with the at least one sensor, 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 while the individual is on the mattress; process the individual data to determine an identity of the individual while the individual is on the mattress; communicate, in response to the determined identity of the individual, a signal to a portable electronic device of the individual, and adjust at least one feature of the smart bed based on the individual setting of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
Youngblood teaches to receive, from the portable electronic 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 receiving, from the portable electronic 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 (Youngblood, ¶173).
2
Saghiri teaches 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). 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 data comprises a respiratory rate, a heart rate, a temperature, a humidity, a sleeping location, and/or a sleeping position of the individual of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
5
1, 6
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
6
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
7
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
6
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).
14
7
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, 8, 11, 20
Saghiri teaches wherein determining the identity the individual while the individual is 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). 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 determining the identity of the individual while the individual is 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 of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
17
1, 8, 11, 20
Saghiri teaches wherein determining the identity of the individual while 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). 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 determining the identity of the individual while the individual is 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 of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
18
7
Regarding claim 18, 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 7 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 3-15, and 17-22 of copending Application No. 17/978198 in view of Saghiri (US 10905249), Youngblood (US 20220105308), and Karschnik (US 20160242562).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, and Karschnik as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978198
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Karschnik (US 20160242562)
7
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). 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 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).
12
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 the copending application 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 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 3-15, and 17-22 of copending Application No. 17/978198 in view of Saghiri (US 10905249), Youngblood (US 20220105308), and Yang (US 20210204720).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, and Yang as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978198
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Yang (US 20210204720)
8
7
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). 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
7
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 1-2, 3-15, and 17-22 of copending Application No. 17/978198 in view of Saghiri (US 10905249), Youngblood (US 20220105308), and Yu (US 20200405526).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, and Yu as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978198
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Yu (US 20200405526)
20
1, 8, 11, 20
Yu teaches wherein the individual setting is based on a sleep position of the individual on the mattress (¶9-wherein a sleep posture of a user is determined such that pressure adjustment of an air mattress and pressure adjustment of an air pillow are possible depending on the sleep posture of the user; ¶122). 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 based on a sleep position of the individual on the mattress of Yu in order for preventing snoring (Yu, ¶1).
Claims 1-2, 5-6, 9-11, and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 10-11, and 13-23 of copending Application No. 17/978119 in view of Saghiri (US 10905249), Youngblood (US 20220105308), and Coffey (US 20230000396).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, and Coffey as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978119
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
1, 10, 15
1, 5, 7, 8, 18, 23
Saghiri teaches receive, from the at least one sensor, individual data associated with an individual while the individual is 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 while the individual is 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, in response to the determined identity of the individual, a signal to a portable electronic device of the individual (col. 7 and lines 9-19-smart bed 100 is communicatively coupled to one or more user devices 290 and/or smart bed service unit 295 . Some examples of user devices 290 include, but are not limited to, a smartphone, smartwatch, tablet computer, laptop computer, desktop computer, smart home centers/hubs, and the like. 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 an 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). 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 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 while the individual is on the mattress; process the individual data to determine an identity of the individual while the individual is on the mattress; communicate, in response to the determined identity of the individual, a signal to a portable electronic device of the individual; and adjust at least one feature of the smart bed based on the individual setting of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
Youngblood teaches receiving, from the portable electronic 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 receiving, from the portable electronic 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 (Youngblood, ¶173).
Coffey teaches the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device (¶59-timing of the transceiver may be controlled by the microcontroller for implementing a variable range gating operation with a plurality of detection ranges by changing a range gating setting to change the sensor to monitor a resident in a second range when the resident moves to the second range from a first range previously monitored by the sensor; ¶64-the control system is able to receive the data generated by the sensor 250 and determine that the resident 20 is generally centrally positioned within the receiving space 355 of the configurable bed apparatus 350; ¶61-these settings may be configurable, e.g. by the resident, caregiver, or installer, etc., through a controller, such as through a software application (e.g., an app) on a smartphone. Additionally, these ranges can be automatically optimized by the system, using movement, activity, respiration, and heart (i.e. from ballistocardiogram) features; ¶115-the methodologies described may be executed by one or more processors such as (i) with an application on a processing or computing device, such as a mobile phone (e.g., smartphone), smart speaker, a smart TV, a smart watch, or tablet computer; ¶166-if and/or when a resident is identified based on the resident's physiological parameters and/or biometrics, a smart phone associated with the resident can be automatically called by the system 100 and/or patched through to a human monitor). 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 waking a processor of the portable electronic device to activate an application hosted on the portable electronic device of Coffey in order to learn over time the typical movements patterns for an individual during sleep (Coffey, ¶179) and adjust the configurable bed apparatus (Coffey, ¶16).
2
Saghiri teaches 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). 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 data comprises a respiratory rate, a heart rate, a temperature, a humidity, a sleeping location, and/or a sleeping position of the individual of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
5
23
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
23
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
13, 23
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
23
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).
14
13, 23
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
Saghiri teaches wherein determining the identity the individual while the individual is 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). 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 determining the identity of the individual while the individual is 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 of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
17
Saghiri teaches wherein determining the identity of the individual while 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). 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 determining the identity of the individual while the individual is 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 of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
18
23
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 7 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 10-11, and 13-23 of copending Application No. 17/978119 in view of Saghiri (US 10905249), Youngblood (US 20220105308), Coffey (US 20230000396), and Karschnik (US 20160242562).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, Coffey, and Karschnik as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978119
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
Secondary Reference Karschnik (US 20160242562)
7
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). 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 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).
12
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 the copending application 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 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 10-11, and 13-23 of copending Application No. 17/978119 in view of Saghiri (US 10905249), Youngblood (US 20220105308), Coffey (US 20230000396), and Yang (US 20210204720).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, Coffey, and Yang as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978119
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
Secondary Reference Yang (US 20210204720)
8
13, 23
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). 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
13, 23
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 1-8, 10-11, and 13-23 of copending Application No. 17/978119 in view of Saghiri (US 10905249), Youngblood (US 20220105308), Coffey (US 20230000396), and Yu (US 20200405526).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, Coffey, and Yu as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 17/978119
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
Secondary Reference Yu (US 20200405526)
20
1, 2, 3
Yu teaches wherein the individual setting is based on a sleep position of the individual on the mattress (¶9-wherein a sleep posture of a user is determined such that pressure adjustment of an air mattress and pressure adjustment of an air pillow are possible depending on the sleep posture of the user; ¶122). 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 based on a sleep position of the individual on the mattress of Yu in order for preventing snoring (Yu, ¶1).
Claims 1-2, 5-6, 9-11, and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-11 of copending Application No. 18/100818 in view of Saghiri (US 10905249), Youngblood (US 20220105308), and Coffey (US 20230000396).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, and Coffey as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 18/100818
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
1, 10, 15
1
Saghiri teaches 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 while the individual is 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) and adjusting at least one feature of the smart bed based on an 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). 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 receiving, 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 while the individual is on the mattress and adjusting at least one feature of the smart bed based on an individual setting of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
Youngblood teaches receiving, from the portable electronic 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 receiving, from the portable electronic 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 (Youngblood, ¶173).
Coffey teaches the signal waking a processor of the portable electronic device to activate an application hosted on the portable electronic device (¶59-timing of the transceiver may be controlled by the microcontroller for implementing a variable range gating operation with a plurality of detection ranges by changing a range gating setting to change the sensor to monitor a resident in a second range when the resident moves to the second range from a first range previously monitored by the sensor; ¶64-the control system is able to receive the data generated by the sensor 250 and determine that the resident 20 is generally centrally positioned within the receiving space 355 of the configurable bed apparatus 350; ¶61-these settings may be configurable, e.g. by the resident, caregiver, or installer, etc., through a controller, such as through a software application (e.g., an app) on a smartphone. Additionally, these ranges can be automatically optimized by the system, using movement, activity, respiration, and heart (i.e. from ballistocardiogram) features; ¶115-the methodologies described may be executed by one or more processors such as (i) with an application on a processing or computing device, such as a mobile phone (e.g., smartphone), smart speaker, a smart TV, a smart watch, or tablet computer; ¶166-if and/or when a resident is identified based on the resident's physiological parameters and/or biometrics, a smart phone associated with the resident can be automatically called by the system 100 and/or patched through to a human monitor). 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 waking a processor of the portable electronic device to activate an application hosted on the portable electronic device of Coffey in order to learn over time the typical movements patterns for an individual during sleep (Coffey, ¶179) and adjust the configurable bed apparatus (Coffey, ¶16).
2
Saghiri teaches 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). 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 data comprises a respiratory rate, a heart rate, a temperature, a humidity, a sleeping location, and/or a sleeping position of the individual of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
5
5, 6, 7, 8, 9
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
5, 6, 7, 8, 9
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
5, 6, 9
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
5, 6, 7, 8, 9
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).
14
5, 6, 9
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
Saghiri teaches wherein determining the identity the individual while the individual is 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). 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 determining the identity of the individual while the individual is 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 of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
17
Saghiri teaches wherein determining the identity of the individual while 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). 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 determining the identity of the individual while the individual is 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 of Saghiri in order to determine the desired environment characteristics (Saghiri, col. 8 and lines 31-32).
18
5, 6
Regarding claim 18, 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 7 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-11 of copending Application No. 18/100818 in view of Saghiri (US 10905249), Youngblood (US 20220105308), Coffey (US 20230000396), and Karschnik (US 20160242562).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, Coffey, and Karschnik as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 18/100818
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
Secondary Reference Karschnik (US 20160242562)
7
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). 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 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).
12
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 the copending application 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 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-11 of copending Application No. 18/100818 in view of Saghiri (US 10905249), Youngblood (US 20220105308), Coffey (US 20230000396), and Yang (US 20210204720).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, Coffey, and Yang as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 18/100818
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
Secondary Reference Yang (US 20210204720)
8
5, 6
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). 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
5, 6
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 4-11 of copending Application No. 18/100818 in view of Saghiri (US 10905249), Youngblood (US 20220105308), Coffey (US 20230000396), and Yu (US 20200405526).
This is a nonstatutory double patenting rejection. 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 subject matter in Saghiri, Youngblood, Coffey, and Yu as shown below.
Claims of the Present Application (17/978186)
Claims of US Application 18/100818
Secondary Reference Saghiri (US 10905249)
Secondary Reference Youngblood (US 20220105308)
Secondary Reference Coffey (US 20230000396)
Secondary Reference Yu (US 20200405526)
20
Yu teaches wherein the individual setting is based on a sleep position of the individual on the mattress (¶9-wherein a sleep posture of a user is determined such that pressure adjustment of an air mattress and pressure adjustment of an air pillow are possible depending on the sleep posture of the user; ¶122). 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 based on a sleep position 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 20180032997: determining whether to prompt an action by a platform in connection with a mobile device (¶3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA HODGE whose telephone number is (571) 272-7101. The examiner can normally be reached M-F: 8:00 am-5:00 pm.
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/LAURA HODGE/Examiner, Art Unit 3792
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