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 .
In view of the Appeal Brief filed on 12/09/2025, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 and 8-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2021/0204720 to Karshnick et al.
Claims 1 and 21-22, Karshnick discloses a system and method controlling temperature of a bed comprising a bed 102 having a first side and a second side adjacent the first side, wherein the bed comprises a mattress 104; a plurality of thermal modules for the first and the second side of the bed [0013]; and a computer system in communication with the bed, wherein the computer system comprises a plurality of processors and memory storing instructions to perform operations capable of receiving data about the bed [0539]-[0549], wherein the data includes at least one of temperature data, pressure data [0028][0029][0195], heat routine activation data, and cool routine activation data for at least one of the first side and the second side of the bed; determine, based at least in part on the received data, that a heat routine is activated on the first side of the bed; detect, based at least in part on the received data, that the second side of the bed is unoccupied by a user of the bed; activate the heat routine on the first side of the bed and the second side of the bed being unoccupied [0081], instructions that, when executed, cause the second one or more thermal modules to activate a heat crosstalk mitigation routine defined by a thermal routine capable of actuating a fan to move air relative to the second side of the bed to reduce an impact on temperature of the second side of the bed by the heat routine that is activated on the first side of the bed [0068]-[0070];[0080]-[0082]; and transmit the instructions to the second one or more thermal modules for activation of the thermal routine defined by an offsetting, limiting, activating or deactivating a routine on the second side of the bed such as deactivating a heat/cool routine, control the fan (i.e. flow rate or variable CFM that allows the fan to change the fan’s CFM rating at different speeds that provide more dynamic and efficient air circulation [0012][0075]), or activate fan to push/draw ambient air for the second side [0029];[0059];[0080]-[0082];[0100]-[0105][0423].
Claim 2, Karshnik discloses the system wherein generating the instructions is further based on a determination that a heat/cool routine is capable of deactivating or limiting the amount of energy caused by heating or cooling on the second side of the bed [0505]-[0506].
Claim 3, Karshnik discloses the system wherein the computer system is capable of receiving an input from a user device indicating an adjustment to a microclimate of the second side of the bed; and capable of causing the second one or more thermal modules to deactivate the thermal routine [0192];[0468];[0505]-[0506].
Claim 4, Karshnik discloses the system wherein the computer system is capable of generating instructions that cause the second-one or more thermal modules to make the adjustment to the microclimate of the second side of the bed [0081][0192];[0505]-[0506].
Claim 5, Karshnik discloses the system wherein the generated instructions, when executed, cause the second-one or more thermal modules to activate a fan of the second-one or more thermal modules to a fan cubic feet per minute (CFM) setting that is below a threshold range such that ambient air is pushed into the second side of the bed [0429].
Claim 6, Karshnik discloses the system wherein the bed further comprises temperature sensors and pressure sensors [0012][0097].
Claim 8, Karshnik discloses the system wherein the computer system is capable of receiving the data about the bed from a user device to provide instructions for the bed pressure sensors of the bed, and ambient temperature sensors in an environment surrounding the bed [0049][0303].
Claim 9, Karshnik discloses the system wherein the computer system is further capable of receiving data from a pressure sensor on the second side; determine that the second side of the bed is occupied by the user of the bed; and generate instructions that, when executed capable of causing the second-one or more thermal modules to deactivate the routine [0012][0029][0052][0053][0081].
Claim 10, Karshnik discloses the system wherein the computer system is further capable of receiving data from a temperature sensor on the second side of the bed; determine that a microclimate of the second side of the bed satisfies threshold/predetermined microclimate settings for a predetermined amount of time; and cause the second one or more thermal modules to deactivate the thermal routine [0012][0049][0052][0053].
Claim 11, Karshnik discloses the system wherein the computer system is further capable of determining that a temperature of the second side of the bed exceeds a threshold temperature range; and cause the second one or more thermal modules to activate the thermal routine [0012].
Claim 12, Karshnik discloses the system wherein the computer system is further capable of determining a desired fan speed for a heat routine, and a desired heat level of the thermal modules for the first side of the bed; and determine a desired fan speed for each of the thermal modules and generate instructions capable of activating a fan at the determined fan speed [0075][0423][0439][0449][0452][0455].
Claim 13, Karshnik discloses the system wherein the computer system is capable of determining a desired high fan speed for a high heat level and a desired low fan speed for a low heat level [0075][0423][0439][0449][0452][0455].
Claim 14, Karshnik discloses the system wherein the bed further comprises:
a pump 1304 in communication with at least one air chamber on the first side of the bed and at least one air chamber on the second side of the bed; and at least one pressure sensor fluidically connected to the pump and configured to detect the pressure data in at least one of the first side of the bed and the second side of the bed [0097];[0105];[0342]-[0344].
Claim 15, Karshnik discloses the system, as previously stated, wherein the fan is capable of operating to a variable CFM that allows the fan to change the fan’s CFM rating at different speeds that provide more dynamic and efficient air circulation [0012], or activate fan at a different flow rate, reverse, or desired speed [0012];[0059];[0081];
executed, cause the second-one or more thermal modules to activate a fan of the second-one or more thermal modules to push ambient air into the second side of the bed at a predetermined fan speed.
Claim 16, Karshnik discloses the system wherein the generated instructions, when
executed cause the second-one or more thermal modules to activate a fan of the second-one or more thermal modules to push conditioned air into the second side of the bed at a predetermined fan speed [0423].
Claim 17, Karschnik discloses the system the computer system is capable of determining that the heat routine is activated on the first side of the bed based on receiving an indication from a user device in communication with the bed, the indication including user selection, at the user device, of an option to activate the heat routine on the first side of the bed at a predetermined time [0012][0052]-[0053];[0063]-[0066];[0305][0388].
Claim 18, Karshnik discloses the system wherein the predetermined time is an amount of time before a user enters the first side of the bed to sleep [0303].
Claim 19, Karshnik discloses the system wherein the computer system is capable of outputting a display to a user device that the heat routine is activated for the first side of the bed; and determine that the heat routine is activated on the first side of the bed based on receiving the indication from the user device [0192].
Claim 20, Karshnik discloses the system wherein the heat routine includes a series of instructions that cause the first-one or more thermal modules to circulate air through the first side of the bed for a predetermined amount of time to increase a temperature of a microclimate of the first side of the bed to a user-desired temperature [0430].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2021/0204720 to Karshnick et al.
Claim 7, Karshnik discloses the system wherein the system has a plurality of sensors, but is silent to a the first side of the bed comprises a first array of temperature sensors positioned proximate a midpoint of the first side of the bed and the second side of the bed comprises a second array of temperature sensors positioned proximate a midpoint of the second side of the bed. Selecting a position for the plurality of sensors of Karshnick is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to position a plurality of sensors disclosed in Karshnick proximate the midpoint of the first and second sides with a reasonable expectation of success because it would have provided an equivalent ant alternative position for the plurality of sensors of Karshnick.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2008/0262657 to Howel et al. discloses an integrated control and power management module (ICPMM) capable of determining a device is operating correctly and avoid cross talk and interference is avoided.
U.S. Pub. Nol. 2023/0035257 to Karschnik et al. discloses a bed system capable of reducing or eliminate cross talk between two sides of the bed.
U.S. Pub. No. 2005/0267640 to Grenville Robinson discloses a bed system having synchronized climate control devices.
U.S. Pub. No. 2019/0200777 to Demirli et al. discloses a bed system.
U.S. Pub. No. 2016/0320808 to Chapin et al. discloses a temperature regulating mattress. U.S. Pub. No. 2019/0201265 to Sayadi et al discloses a sleep system having sets of classifiers used when the other side of the bed is occupied and one set may be used when the other side of the bed is occupied.
U.S. Pub. No. 2020/0146910 to Deirli et al. discloses a sleep system a controller makes a determination in response to a generated parameter capable of making a determination which side of the bed is being occupied, identify the first or second user, and processors configured to determine a sleep parameter such as occupant presence is determined such that an action is taken in response to the determination and an instruction to drive a controllable device is received by the controllable device and an environment of the user is altered in response to receiving the instruction to drive the controllable device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3679