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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-11 in the reply filed on 18 February 2026 is acknowledged.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of copending Application No. 18104699 (reference application), which has been allowed but not yet issued. These claims are not patentably distinct from each other because independent claim 1 of the present Application is broader than independent claim 1 of the reference application (see table below).
Present Application
Reference Application 18104699
Comments
1. A smart bed, comprising:
a mattress including a sleep surface and side edges;
at least one sensor associated with the sleep surface and/or a side edge of the mattress capable of sensing a physical input on the sleep surface or the side edge of the mattress;
and a processor in communication with the at least one sensor and programmed to:
detect the physical input on the sleep surface or the side edge of the mattress;
determine at least one function of the smart bed that corresponds to the physical input;
and execute at least one function of the smart bed or at least one function of an environment in which the smart bed is located.
1. A smart bed, comprising:
a mattress including a gel grid, the mattress having an outer top surface defining a sleep surface and side edges;
at least one sensor positioned within a hollow column of the gel grid adjacent to the sleep surface and/or a side edge of the mattress, the hollow column opening toward the outer top surface of the mattress, the at least one sensor capable of sensing a physical input on the sleep surface or the side edge of the mattress; a cover positioned over the outer top surface of the mattress; and a processor in communication with the at least one sensor and programmed to:
detect the physical input on the sleep surface or the side edge of the mattress; determine at least one function of the smart bed that corresponds to the physical input;
and execute the at least one function of the smart bed or at least one function of an environment in which the smart bed is located.
Claim 1 of the present Application is broader than claim 1 of the Reference Application. Thus, the Reference Application teaches all of the limitations of the present Application.
2. The smart bed of claim 1, wherein the processor is further programmed to: identify an individual who provided the physical input.
2. The smart bed of claim 1, wherein the processor is further programmed to: identify an individual who provided the physical input.
The Reference Application teaches all of the limitations of the present Application.
3. The smart bed of claim 2, wherein the processor is programmed to identify an individual who provided the physical input through a location at which the physical input is provided and/or a manner in which the physical input is provided.
3. The smart bed of claim 2, wherein the processor is programmed to identify the individual who provided the physical input through a location at which the physical input is provided and/or a manner in which the physical input is provided.
The Reference Application teaches all of the limitations of the present Application.
4. The smart bed of claim 2, wherein the processor is further programmed to: execute the at least one function of the smart bed in a manner that corresponds to an identity of the at least one individual present on the sleep surface.
4. The smart bed of claim 2, wherein the processor is further programmed to: execute the at least one function of the smart bed in a manner that corresponds to an identity of the individual present on the sleep surface.
The Reference Application teaches all of the limitations of the present Application.
5. The smart bed of claim 1, wherein the mattress includes at least one of: a temperature control system; a ventilation system; and a firmness adjustment system.
5. The smart bed of claim 1, wherein the mattress includes at least one of: a temperature control system; a ventilation system; and a firmness adjustment system.
The Reference Application teaches all of the limitations of the present Application.
6. The smart bed of claim 5, wherein the at least one function of the smart bed comprises adjusting the temperature control system, the ventilation system, or the firmness adjustment system.
6. The smart bed of claim 5, wherein the at least one function of the smart bed comprises adjusting the temperature control system, the ventilation system, or the firmness adjustment system.
The Reference Application teaches all of the limitations of the present Application.
7. The smart bed of claim 1, further comprising: an adjustable platform.
7. The smart bed of claim 1, further comprising: an adjustable platform.
The Reference Application teaches all of the limitations of the present Application.
8. The smart bed of claim 7, wherein the at least one function of the smart bed comprises adjusting the adjustable platform.
8. The smart bed of claim 7, wherein the at least one function of the smart bed comprises adjusting the adjustable platform.
The Reference Application teaches all of the limitations of the present Application.
9. The smart bed of claim 1, wherein the at least one function of the environment in which the smart bed is located comprises adjusting lighting, adjusting a room temperature, controlling audio, or controlling an alarm system.
9. The smart bed of claim 1, wherein the at least one function of the environment in which the smart bed is located comprises adjusting lighting, adjusting a room temperature, controlling audio, or controlling an alarm system.
The Reference Application teaches all of the limitations of the present Application.
10. The smart bed of claim 1, wherein the at least one physical input comprises at least one tap, pat, or slap.
10. The smart bed of claim 1, wherein the physical input comprises at least one tap, pat, or slap.
The Reference Application teaches all of the limitations of the present Application.
11. The smart bed of claim 1, wherein the at least one physical input comprises a sequence of taps, pats, or slaps.
11. The smart bed of claim 1, wherein the physical input comprises a sequence of taps, pats, or slaps.
The Reference Application teaches all of the limitations of the present Application.
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) 1-8 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20220330892 A1 to Lee.
Re Claim 1, Lee teaches:
A smart bed (at least [Title] “SMART MATTRESS SYSTEM”), comprising:
a mattress (at least Figs. 1-2 element 12) including a sleep surface (at least Fig. 1 element 14 and [0037] "For example, the smart mattress includes a cellular construction, comprised of an array of individual cells, that allows for the creation of a kinetic sleeping device that is robotically controlled, able to deliver assistance to patients in bed to reposition them while asleep without human intervention.”, para [0038] "As shown in FIGS. 1 and 2, the system 10 can generally include the mattress 12 with a mattress pad 14, a smart cell array 16 of individual cells 18, a base board array 20, and a mattress skirt 22, a main fine 24, a main unit 26, and a frame 28.") and side edges (At least Fig. 2 element 42 of mattress skirt 22, which is a portion of the mattress 72 and [0041] "The mattress skirt 22 can sit within the frame 28 and include a base portion 40 and side portions 42 extending upward from edges of the base portion 40, as shown in FIG. 2);
at least one sensor associated with the sleep surface and/or a side edge of the mattress (at least Fig 15. element 302 is within a mattress area 300 corresponding to the mattress pad 14, and [0083] "With further reference to patient monitoring component 280 and, in particular, : the sensing system 288, FIG. 15 illustrates an example top view of the mattress 12. Within a mattress area 300 (corresponding to the mattress pad 14) is a sensing surface 302. Within the sensing surface 302 is an individual sensor unit 304 of each cell 18. Within each sensor unit 304 is an array of sensor nodes 306 (such as sensor nodes 122 described above with respect to FIG. 7). The sensing surface (2.9., comprised of sensor units 304 of sensor nodes 306) is in communication with the main computer 50.") capable of sensing a physical input on the sleep surface or the side edge of the mattress (at least Fig. 7 and [0048] "More specifically, the pad portion 100 can include a cushion 106 to form a comfortable surface as cells 18 interconnect, and a sensor module 108 configured to sense biomarkers associated with a user lying on the cushion 106.", para [0049] "By way of example, as shown in FIG. 7, the sensor module 108 can be a multi-sensor sheet integrating one or more arrays of sensors including, but not limited to, one or more pressure sensors 122, one or more accelerometers 124, one or more temperature sensors 126, one of more sound frequency sensors 128, and/or one or more humidity sensors 130, For example, each sensor module 108 can include a sensor pocket 132, an array of pressure sensors 122 across a portion of or an entire area of the sensor pocket 132, and a single accelerometer 124, temperature sensor 126, frequency sensor 128, and humidify sensor 130 associated with the sensor pocket 132."); and
a processor in communication with the at least one sensor and programmed to (at least [0074] "With further reference to the main unit 26, in some applications, the main unit 26 can include a housing 260, as shown in FIGS. 1-2, that encloses the air source 48 and the main computer 50.”, para [0076] “Additionally, as shown in FIG. 12, the main computer 50 can include a processor 266, data storage 268, power connections 270, and a transmitter/receiver 272.", para [0083] "The sensing surface (e.g., comprised of sensor units 304 of sensor nodes 306) is in communication with the main computer 50."):
detect the physical input on the sleep surface or the side edge of the mattress (at least [0076] “Additionally, as shown in FIG. 12, the main computer 50 can include a processor 266, data storage 268, power connections 270, and a transmitter/receiver 272. For example, the processor 266 can execute programs or algorithms configured to send power (via the power connections 270) to the cell array 16, receive data from the cell array 16, including measurements of sensed user biomarkers, analyze the data (as further described below), and sand commands to selectively pneumatically power individual cells 18 in response to the analysis. The processor 266 can further store the sensed data and/or analyses and/or commands executed via the data storage 268, or retrieve user profiles or other stored data or programs from the data storage 268.");
determine at least one function of the smart bed that corresponds to the physical input (at least [0084] “Position modeling 316 can involve generating parameters, simulating positions, and selecting a model position for the user."); and
execute at least one function of the smart bed or at least one function of an environment in which the smart bed is located (function of the smart bed, position management component 282, repositioning component 310 in at least [0085] “With further reference to the body position management component 282 of the system, FIG, 17 illustrates components of the system 10 associated with body position management. In particular, FIG. 17 shows a repositioning component 310, position scanning 312, position identification 314, and position modeling 316. The repositioning component 310 can involve components regulation and activation (e.g., associated with the spring portion 102 of individual cells 18), and parameter processing. Position scanning 312 can reference the sensing surface 302 described above as well as data processing. Position identification 314 can incorporate data processing and position matching (e.g., to identify a present position of the user).
Re Claim 2, Lee teaches:
The smart bed of claim 1, wherein the processor is further programmed to: identify an individual who provided the physical input (recognize the user's profile, at least [0086] "By way of example, FIG. 18 illustrates a monitoring process 320 associated with at least the patient monitoring and body position management components 280, 282. Once a user lies on the mattress 12 for sleep (block 322), the system 10 will scan the user (block 324) and attempt to recognize the user's profile (block 326). If the system 10 does not recognize the user's profile as an existing user (at block 328}, the system 10 sets a query to set a new user (block 330), and creates a new user profile {block 332). If the system 10 does recognize the user's profile (at block 326), the system 10 activates the profile mode associated with that profile (block 334) and opens a new session for that profile (block 336).").
Re Claim 3, Lee teaches:
The smart bed of claim 2, wherein the processor is programmed to identify an individual who provided the physical input through a location at which the physical input is provided and/or a manner in which the physical input is provided (manner in which the physical input is provided, user lies on the mattress 12 for sleep and the system 10 will scan the user, at least [0086] "By way of example, FIG. 18 illustrates a monitoring process 320 associated with at least the patient monitoring and body position management components 280, 282. Once a user lies on the mattress 12 for sleep (block 322}, the system 10 will scan the user (block 324) and attempt to recognize the user's profile (block 326). If the system 10 does not recognize the user's profile as an existing user (at block 328), the system 10 sets a query to set a new user (block 330), and creates a new user profile (block 332), If the system 10 does recognize the user's profile (at block 326), the system 10 activates the profile mode associated with that profile (block 334) and opens a new session fer that profile (block 336).”).
Re Claim 4, Lee teaches:
The smart bed of claim 2, wherein the processor is further programmed to: execute the at least one function of the smart bed in a manner that corresponds to an identity of the at least one individual present on the sleep surface (at least [0087] "The system 10 then identifies the patient state a block 338: awake (block 340) or asleep (block 342). If asleep, the system monitors the user's sleeping activity (block 344), Such monitoring can include body position and location in bed (block 346),
temperature (block 348), muscular activity (block 350), bed humidity (block 352), heart rate (block 354), breathing patterns (block 356), snoring, groaning, grinning, or blowing (block 358), other sleeping behavior (block 360), time (block 362), and specific events (block 364). These monitored parameters, e.g., via the processor 266 of the main computer 50, can be tracked at specific time intervals, such as every second (block 366), and logged (block 368). Additionally, the processor 266 can analyze the parameters to identify risks (block 370), update user interface{s) (block 372), and highlight certain activity, such as at the user interfaces, at specific time intervals, such as every minute (block 374)." And at least [0090] “For example, with respect to smart mattress adjustment component 284 of the system 10, generally, based on patient monitoring and body position management components 280, 282, the main computer 50 can determine if and how the user needs repositioning and individually control cells 18 to accomplish the specific repositioning. That is, by controlling the springs 144 of individual cells 18, the main computer 50 can raise portions of the mattress 12 to move the user to a desired position.").
Re Claim 5, Lee teaches:
The smart bed of claim 1, wherein the mattress includes at least one of: a temperature control system; a ventilation system; and a firmness adjustment system (at least Figs. 10-18 and [0052-53] “to distribute air through the cushion 106 for ventilation, for example, to improve airflow and minimize temperature increases along the mattress surface. The top plate 138 can further include a cable port 156 sized to permit the sensor cable 136 to pass through. In some applications, the top plate 138 can comprise stainless steel. The inflatable spring 144 can act as the main component generating mechanical power inside the cell 18, and inflates and deflates to adjust its height, while keeping its stiffness pushing up or down the top layers of the mattress 12” and [0086] “FIG. 18 illustrates a monitoring process 320 associated with at least the patient monitoring and body position management components 280, 282. Once a user lies on the mattress 12 for sleep (block 322), the system 10 will scan the user (block 324) and attempt to recognize the user's profile (block 326). If the system 10 does not recognize the user's profile as an existing user (at block 328), the system 10 sets a query to set a new user (block 330), and creates a new user profile (block 332). If the system 10 does recognize the user's profile (at block 326), the system 10 activates the profile mode associated with that profile (block 334) and opens a new session for that profile (block 336)”.).
Re Claim 6, Lee teaches:
The smart bed of claim 5, wherein the at least one function of the smart bed comprises adjusting the temperature control system, the ventilation system, or the firmness adjustment system (at least Figs. 10-18 and [0052-53] “to distribute air through the cushion 106 for ventilation, for example, to improve airflow and minimize temperature increases along the mattress surface. The top plate 138 can further include a cable port 156 sized to permit the sensor cable 136 to pass through. In some applications, the top plate 138 can comprise stainless steel. The inflatable spring 144 can act as the main component generating mechanical power inside the cell 18, and inflates and deflates to adjust its height, while keeping its stiffness pushing up or down the top layers of the mattress 12” and [0086] “FIG. 18 illustrates a monitoring process 320 associated with at least the patient monitoring and body position management components 280, 282. Once a user lies on the mattress 12 for sleep (block 322), the system 10 will scan the user (block 324) and attempt to recognize the user's profile (block 326). If the system 10 does not recognize the user's profile as an existing user (at block 328), the system 10 sets a query to set a new user (block 330), and creates a new user profile (block 332). If the system 10 does recognize the user's profile (at block 326), the system 10 activates the profile mode associated with that profile (block 334) and opens a new session for that profile (block 336)”.).
Re Claim 7, Lee teaches:
The smart bed of claim 1, further comprising: an adjustable platform (at least [0052-53] “to distribute air through the cushion 106 for ventilation, for example, to improve airflow and minimize temperature increases along the mattress surface. The top plate 138 can further include a cable port 156 sized to permit the sensor cable 136 to pass through. In some applications, the top plate 138 can comprise stainless steel. The inflatable spring 144 can act as the main component generating mechanical power inside the cell 18, and inflates and deflates to adjust its height, while keeping its stiffness pushing up or down the top layers of the mattress 12”.).
Re Claim 8, Lee teaches:
The smart bed of claim 7, wherein the at least one function of the smart bed comprises adjusting the adjustable platform (at least Figs. 10-18 and [0052-53] “to distribute air through the cushion 106 for ventilation, for example, to improve airflow and minimize temperature increases along the mattress surface. The top plate 138 can further include a cable port 156 sized to permit the sensor cable 136 to pass through. In some applications, the top plate 138 can comprise stainless steel. The inflatable spring 144 can act as the main component generating mechanical power inside the cell 18, and inflates and deflates to adjust its height, while keeping its stiffness pushing up or down the top layers of the mattress 12” and [0086] “FIG. 18 illustrates a monitoring process 320 associated with at least the patient monitoring and body position management components 280, 282. Once a user lies on the mattress 12 for sleep (block 322), the system 10 will scan the user (block 324) and attempt to recognize the user's profile (block 326). If the system 10 does not recognize the user's profile as an existing user (at block 328), the system 10 sets a query to set a new user (block 330), and creates a new user profile (block 332). If the system 10 does recognize the user's profile (at block 326), the system 10 activates the profile mode associated with that profile (block 334) and opens a new session for that profile (block 336)”.).
Re Claim 10, Lee teaches:
The smart bed of claim 1, wherein the at least one physical input comprises at least one tap, pat, or slap (tap, node touch point sampling of pressure readings, para [0084] "For example, FIG. 16A illustrates a node touch point sampling of pressure readings from individual nodes 306. These pressure readings can be communicated to the main computer 50 in the main unit 26 which, in turn, can analyze the data and create a pressure map, as shown in FIG, 168. Similar analysis can be executed by the main computer 5C for other user metrics besides pressure, such as movement, temperature, sound, humidity, etc.”).
Re Claim 11, Lee teaches:
The smart bed of claim 1, wherein the at least one physical input comprises a sequence of taps, pats, or slaps (tap, node touch point sampling of pressure readings, para [0084] "For example, FIG. 16A illustrates a node touch point sampling of pressure readings from individual nodes 306. These pressure readings can be communicated to the main computer 50 in the main unit 26 which, in turn, can analyze the data and create a pressure map, as shown in FIG, 168. Similar analysis can be executed by the main computer 5C for other user metrics besides pressure, such as movement, temperature, sound, humidity, etc.”).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of US 20230210269 A1 to Hill.
Re Claim 9, Lee teaches:
The smart bed of claim 1 (detailed with respect to claim 1).
Lee does not explicitly teach:
wherein the at least one function of the environment in which the smart bed is located comprises adjusting lighting, adjusting a room temperature, controlling audio, or controlling an alarm system.
However, Hill teaches:
wherein the at least one function of the environment in which the smart bed is located comprises adjusting lighting, adjusting a room temperature, controlling audio, or controlling an alarm system (at least [0033] “The speakers 112A and 112B can be configured to play white and/or pink noise to reduce and/or cancel noise in the surrounding sleep environment. The user can connect one or more user devices (e.g. mobile phone, tablet, PC, or other computer) or another audio input to the speakers 112A and 112B (e.g., Bluetooth connection) to control audio that is played through the speakers 112A and 112B”.).
It would have been obvious to a person having ordinary skill in the art to have modified the smart bed taught by Lee with the audio control taught by Hill with a reasonable expectation of success and predictable results to arrive at a smart bed with audio control. A person having ordinary skill would have been motivated to do so because it “can be configured to play white and/or pink noise to reduce and/or cancel noise in the surrounding sleep environment” (Hill [0033]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE SUN/Primary Examiner, Art Unit 3673