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 .
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) 1-6, 12, 15-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2018/0242918 to Kogure et al. in view of U.S. Pub. No. 2011/0092890 to Stryker et al.
Claims 1-3, 6, 12, and 18-20, Kogure discloses a processor, the processor 5 that acquires a plurality of signals from a biological signal acquiring unit 200 from a plurality of sensors such as a sensor that includes information for detecting body motion of a patient and to grasp the condition of the patient and sleep state, a load sensor, microphone, and additional sensors used to detect biological signals [0035]-[0036] an output unit 450 outputting a notification signals of sleep state and biological information. Kogure discloses additional sensors used to detect biological signals, but is silent to the additional sensor including an excretion sensor. Stryker discloses an incontinence detection system capable of detecting moisture or fecal matter incontinence and providing signals that the patient has had either a moisture or fecal matter incontinence episode [0048]-[0058]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the incontinence detection system disclosed in Stryker with the device of Kogure with a reasonable expectation of success because it would have provided notification of the user is excreting thereby reducing the risk of developing pressure sores and track the care of the patient. Kogure is silent to the processor not outputting the notification signal in a first mode, when the first signal includes the first information and, the second signal does not include the second information. However, Kogure explicity recites that an abnormality notification system that includes a control unit 100 that reads out and runs various stored programs, a biological signal acquiring unit 200 that acquires bio signals that is output as body motion data, and input unit 400, a storage unit 500 and a patient state acquiring unit 600, the output unit 450 outputs biological information and notifies anomalies of biological information and transmits data to other devices. A reference value table 512 stores upper and lower limit thresholds as well as the conditions to be notified and criteria is capable of being set for each biological information and switched on the state of the patient. A condition decision table 516 also stores conditions that is used to determine whether the biological information was determined based on the accuracy of the condition [0033]-[0041]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to modify the upper and lower limit thresholds, the conditions to be notified, and the set criteria for each biological information and store the conditions such as not outputting the notification signal in a first mode, when the first signal includes the first information and, the second signal does not include the second information with the stored program of Kogure with a reasonable expectation of success because it would have provided an equivalent and alternative that do not output notification signals under certain conditions, thresholds, and criteria of a patient’s condition for the processor of Kogure.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2018/0242918 to Kogure et al. in view of U.S. Pub. No. 2011/0092890 to Stryker et al., and further in view of U.S. Pub. No. 2010/0101022 to Riley et al.
Claim 8, Kogure, as modified, discloses the device, but is silent to the processor raising a height of a bottom of the motorized bed when receiving the received signal. Riley discloses software logic that is capable of adjusting the bed height based on the determination of a patient’s condition [0062]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the software logic of Riley with the control of Kogure with a reasonable expectation of success because it would have adjusted the bed height of Kogure once an onset of a condition has been determined.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2018/0242918 to Kogure et al. in view of U.S. Pub. No. 2011/0092890 to Stryker et al., and further in view of U.S. Pub. No. 2006/0162074 to Bader.
Claim 10, Kogure discloses the device wherein the device includes an air mattress [0047][0048], but is silent to the processor stiffens the air mattress when receiving the received signal. Bader discloses a mattress having a firmness control 114 that adapts the hardness/stiffness of the surface adapted to a state or point in time [0023]-[0030]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the firmness control of Bader with the control of Kogure with a reasonable expectation of success because it would have adjusted the hardness of the surface of Kogure to the user’s state.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2018/0242918 to Kogure et al. in view of U.S. Pub. No. 2011/0092890 to Stryker et al., and further in view of U.S. Pub. No. 2017/0143565 to Childs et al.
Claim 11, Kogure, as modified, discloses the device, wherein Stryker further includes lighting [0049], but is silent to the processor brightens the lighting when receiving the received signal. Childs discloses a controller that determines a patient’s condition and brightens a lighting device 90 [0146]-[0148]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the lighting controller of Childs with the control of Kogure with a reasonable expectation of success because it would have adjusted the brightness of the lighting of Kogure when a condition of a patient is determined.
Claim 15, Kogure, as modified, discloses all of the structural limitations as stated above, wherein the processor is capable of detecting excretion resulting from odor obtained from a space around the user [0058].
Claim 16, Kogure discloses the device wherein the biological information includes at least one of sleep/awake of the user, body movement of the user, heart rate of the user, breathing rate of the user, bed-departure of the user, or being in bed of the user [0027];[0035]-[0048].
Claim(s) 7, 9, 13-14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 2018/0242918 to Kogure et al. in view of U.S. Pub. No. 2011/0092890 to Stryker et al., and further in view of U.S. Pub. No. 2009/0151074 to Nagaoka et al.
Claim 7, Kogure discloses the device, but is silent to the bed being motorized. Nagaoka discloses a motorized bed [0057]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the motors disclosed in Nagaoka with the device of Kogure with a reasonable expectation of success because it would have provided adjustable sections for the bed of Kogure.
Claims 13-14, Kogure discloses all of the structural limitations as stated above, and further includes a load sensor capable of detecting a position of a user [0036][0049]. Claim 17, Kogure, as modified, discloses all of the structural limitations as stated above, wherein Nagoka further discloses that information is capable of including an angle of the bottom or a height of the bottom [0003][0011][0018]-[0025].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2014/0276504 to Heil et al. discloses an apparatus for the detection of incontinence.
U.S. Pub. No. 2015/0109442 to Derenne discloses a monitoring system for a patient.
Conclusion
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3673