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
Claims 5-7, 10 and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group and species, there being no allowable generic or linking claim. Election for invention I was made without traverse in the reply filed on 1/26/2026. Additionally, during a telephone conversation with Anusuya Das on 3/9/2026 a provisional election of species 4 was made without traverse. Affirmation of this election must be made by applicant in replying to this Office action.
Claims 1-4,8-9,11,13-14 and 21-26 are hereby under examination.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2, 8, 14, 21-22 and 24-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20150335507A1 (Emmons et. al), cited by Applicant and hereto referred as Emmons.
As to claim 1, Emmons teaches a patient support apparatus comprising: a plurality of apparatus component sensors (Emmons, [0279], “one or more pressure sensors”), a physiological sensor (Emmons, [0279], “one or more sleep sensors 1196”),
a user interface including a segmented display (Emmons, [0257], “a controller 1140 shown in FIG. 18, having a display”), the segmented display illustrating movement data and sleep state data of a patient (Emmons, [0412], “FIG. 134B (see the field on the right hand side of display 2110) that shows the user his sleep progress over one or multiple nights.”), and
a control system including a controller in communication with the plurality of apparatus component sensors and the physiological sensor, the controller operable to receive a separate signal from each of the apparatus component sensors to monitor movement detected by the apparatus component sensors (Emmons, [0029], " detect movement of a person on the person support apparatus based on the signals received"), a sleep signal from the physiological sensor (Emmons, [0279], “Sleep sensors 1196 are configured to monitor the user's sleep patterns”; Fig. 7, step 127), and
wherein the controller is further operable to process the signals to determine the movement data (Emmons, [0428], “The received physiological signals are processed to identify user movement on the sleep surface”) and sleep data to detect a sleep event and alter a portion of the patient support apparatus to mitigate the sleep event (Emmons, [0395], “upon detecting that an adverse event is in progress, initiating an intervention to stop the adverse event”; Fig. 140).
As to claim 2, Emmons teaches the controller moves a head section of the patient support apparatus in response to the sleep event (Emmons, [0039], “move the plurality of adjustable support sections to the therapeutic support positions to change an amount of lateral tilt of an upper surface of a mattress to support a person in a position that may reduce a possibility of occurrence of sleep apnea”; Fig. 3).
As to claim 8, the physiological sensor is operable to detect the respiration rate or heart rate of the patient (Emmons, [0222], “occupant's heart rate, respiration rate”).
As to claim 14, the sleep event is a sleep apnea event (Emmons, [0222], “recording the angle when a sleep apnea event occurs").
As to claim 21, further comprising an inflatable mattress having multiple inflatable zones (Emmons, [0025], "In other embodiments, the vital sign sensor is a fluid pressure sensor positioned inside an inflatable bladder").
As to claim 22, the controller is operable to change inflation of one of the multiple inflatable zones of the inflatable mattress (Emmons, [0020], "The apparatus may further include a control unit that may be configured to control inflation and deflation of the lateral tilt bladders individually.") based on the movement data or the sleep data of the patient (Emmons, [0239], "if the intervention was successful and the apnea event has ceased").
As to claim 24, the sleep event is sleep apnea, the controller is operable to automatically raise the patient support apparatus (Emmons, [0443], “If an adverse parameter is identified, the head end tilt of the support is adjusted as indicated at block 2712 to avoid a high risk sleeping position and potential apnea”).
As to claim 25, the user interface comprises a display screen held to at least one of the siderail, headboard, and footboard (Emmons, [0257], "FIG. 18, having a display configured to display information").
As to claim 26, the plurality of apparatus component sensors comprises a plurality of load cells supporting a patient support deck of the patient support apparatus (Emmons, [0228], " upper frame 20 utilizing one or more load cells").
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Emmons as applied to claim 1 above, and further in view of US20180168485A1 (Chen et. al), hereto referred as Chen.
Claim 1 is taught as above.
As to claim 3, Emmons teaches a segmented display (Emmons, Fig. 18, the different controls are interpreted as separate segments). However, Emmons does not teach that the segmented display comprises a first segment including an icon for each day of a week. Chen teaches a relevant art of bed systems (Chen, title).
Chen teaches a segmented display comprises a first segment including an icon for each day of a week (Chen, [0056], “FIG. 11 is a schematic diagram illustrating another page of the sleep tracking mode”), and wherein the activation of the icon for a particular day results in an illustration of the movement data or the sleep data for that day in a second segment (Chen, [0059], “As illustrated in FIG. 10, FIG. 11, and FIG. 12, the user may review the statistical data pertaining to the during the sleep, the duration off bed, the duration on bed, the duration of awake time, the duration of light sleep, the duration of deep sleep, and the ratio among awake time/light sleep/deep sleep on a daily basis”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Emmons in view of Chen to include segmented display comprises a first segment including an icon for each day of a week and wherein the activation of the icon for a particular day results in an illustration of the movement data or the sleep data for that day in a second segment because Emmons already acknowledges the benefit of displaying multiple nights (Emmons, [0412], “FIG. 134B (see the field on the right hand side of display 2110) that shows the user his sleep progress over one or multiple nights.”), and Chen teaches an organized method of displaying and accessing data which makes it more user-friendly.
As to claims 9 and 11, the second segment displays the sleep data, and wherein the sleep data comprises time the patient spent in REM, light sleep state, or deep sleep state over a period of one week (Emmons, [0412], “that shows the user his sleep progress over one or multiple nights. In the illustrative example, a daily history graph of sleep information is shown along with numerical values for the number hours of rapid eye movement (REM) sleep and light sleep.”; Chen, [0059], “a weekly basis”).
Claim 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Emmons as applied to claim 1 above, and further in view of US20170224562A1 (Zerhusen et. al), hereto referred as Zerhusen.
Claim 1 is taught as above.
As to claim 4, Emmons teaches a siderail and alert system, but does not teach that the siderail is illuminated (Emmons, Fig. 104, siderails 1041; [0036], “alert a caregiver upon determination that the user may be at risk of an apnea event”). Zerhusen teaches a relevant art of hospital bed (Zerhusen, title). Zerhusen teaches the patient support apparatus comprises a siderail having an illuminated grip (Zerhusen, [0026], “An alert light assembly may be attached to the siderail.”) and the sleep state of the patient is indicated by illuminating the grip using a specific scheme to indicate the sleep state (Zerhusen, [0035], “a signal that may be used to monitor a sleep state of the patient, and an alert light coupled to the frame”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Emmons in view of Zerhusen to include a siderail having an illuminated grip and the sleep state of the patient is indicated by illuminating the grip using a specific scheme to indicate the sleep state because Emmons already teaches a siderail and an alert system, and Zerhusen teaches a known way to alert other caregivers of the patient’s status (Zerhusen, [0003], “Hospital beds having lights to alert caregivers of undesirable conditions are known.”).
As to claim 13, Emmons does not teach floor projection of the sleep status. Zerhusen teaches the sleep status of the patient is projected on the floor (Zerhusen, [0023], “Each light emitter may emit light through a respective one of the shaped cutouts to project onto the floor”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Emmons in view of Zerhusen to include the sleep status of the patient is projected on the floor because that would allow others to easily see the sleep status (Zerhusen, [0004], “caregivers can easily see these lights from a distance of ten feet or more.”)
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Emmons as applied to claim 1 above, and further in view of US20190053761A1 (Young et. al), hereto referred as Young.
Claim 1 is taught as above.
As to claim 23, Emmons teaches acquiring motion data, but does not necessarily teach that the movement data comprises patient motion data and non-patient motion artifacts. Young teaches a relevant art of bed system (Young, abstract). Young teaches movement data comprises patient motion data and non-patient motion artifacts (Young, [0173], “filter such ambient motion from motion related to the subject's heart and respiration rates”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Emmons in view of Young because motion data acquired without filtering contains ambient motion artifact, as taught by Young above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELINA S JANG whose telephone number is (571)272-7019. The examiner can normally be reached M-F 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Robertson can be reached at (571) 272-5001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELINA SOHYUN JANG/Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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