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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/25/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 14, and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. With regards to claims 1, 14, and 17, the original specification only describes a pressure-controlled air mattress may be enabled to automatically inflate to the desired pressure and may silently maintain the desired pressure for a period of time without having to activate a noisy pump that may disturb a user's sleep [0021]. The specific subject matter expressed in the Applicant’s claimed recitations such as “wherein the primary inflation device is configured to automatically refill the secondary inflation device at a predetermined time after an initial inflation of the secondary inflation device”; “wherein the processor is configured to cause the primary inflation device to refill the secondary inflation device at a predetermined time after an initial inflation of the secondary inflation device”; or “providing, automatically at a predetermined time with the primary inflation device, an additional air flow that flows through the air flow control element and into the secondary inflation device until the air pressure of the secondary inflation device returns to the second desired value” of claims 1, 14, and 17 is not supported by the original specification and raise doubt as to possession of the claimed invention at the time of filing.
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) 1-4, 6-13, and 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 5,142,717 to Everard et al. in view of U.S. Pub. No. 2016/0135607 to Ocegueda et al.
Claims 1 and 17, Everard discloses an air mattress system comprising an air mattress having a main chamber (10,24); a primary inflation 60 device in fluid connection with the main chamber and configured to inflate the main chamber to a first pressure; and a secondary inflation defined by a reservoir 58 device disposed within the main chamber and in fluid connection with the main chamber and the primary inflation device (fig. 6), the secondary inflation device being inflatable to a second pressure and configured to provide air from the secondary inflation device to the main chamber at least in part via a pressure differential between the second pressure and first pressure; wherein the air mattress is configured to be inflated and deflated (col. 5-7 lines 50-68, 1- 68, & 1-27). Everard also discloses a pressure sensor 26 that senses the pressure and change of pressure within the chamber (col. 5 lines 10-23), wherein the reservoir also
stores a quantity of air above the operating pressures of the air chambers (col. 5-6 lines
50-68 & 1-58); and an air flow control valve 66 capable to receive air flow directly from
the primary inflation device and inherently maintains a seal with an air intake of the primary inflation device such that the air flow is configured to pass through the electrically actuated valve 66 before entering the main chamber or the secondary inflation device, as previously stated, Everard explicitly states that the "electrically actuated valve 66 directs the output from the pump to either the reservoir or to the air chambers" such that the control valve 66 is capable of selectively directing the air flow between the primary inflation device, the main chamber, and the secondary inflation device (col. 5 lines 64-65)(fig. 5). Everard is silent to the primary device being configured to automatically refill the secondary inflation for a period of time after an initial inflation. Ocegueda discloses an automatic control system 24 that automatically controls inflation during a period of time based on a predetermined air pressure and two or more air chambers may be connected via valves such that the controller may control the opening and closing of these valves to achieve the desired air pressure [0038]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the automatic control system of Ocegueda with the control of Evarard with a reasonable expectation of success because it would have equivalent and alternative automatic control of air pressure within the air chambers of Everard. Everard is silent to positioning the sensor within the main chamber and reservoir. Positioning the sensor within the main chamber or adding an additional sensor within the reservoir 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 add an additional sensor and position both sensors within the main chamber and reservoir of Everard with a reasonable expectation of success because it would have allowed improved pressure management of pressures within the main chamber and pressures within the reservoir reach a pre- selected maximum level. Claims 2 and 20, Everard discloses the air mattress system wherein the secondary inflation device is an air reservoir having a substantially airtight compartment, the air reservoir being capable of receiving, holding, and releasing pressurized air (col. 5 lines 55-58)(col. 6 lines 15-21). Claim 3, Everard discloses the air mattress system, wherein the primary inflation device is integral with the air mattress (col. 5 lines 51-65). Claims 4 and 18-19, Everard discloses the air mattress system wherein the secondary inflation device is integral with the air mattress. Claim 6, Everard discloses the air mattress system further comprising an air flow control element 66 and in response to signals to conventional control electronics 34 that control the air pump and selectively open vent valves, but is silent to the air flow control valve in communication with the first and second pressure sensors. Placing conventional control electronics on additional elements 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 add air control electronics such as the pressure sensors stated above to the air flow control valve of Everard with a reasonable expectation of success because it would have allowed improved pressure management of pressures within the main chamber and pressures within the reservoir reach a pre- selected maximum level. Claim 7, Everard discloses the air mattress system wherein the air flow control valve is operable to open such that air may be released from the secondary inflation device into the main chamber.
Claim 8, Everard, as modified, discloses the air mattress system further comprising a pressure control system that includes the primary inflation device, the secondary inflation device, air flow control valve before entering the main chamber or the secondary inflation device (fig. 5) and Lokhorst discloses an automatic control system 100 including software that executes programmable data through a processor based on values of indicators such as setting desired air pressures, and increase/reduce air pressure over a length/period of time [0087]-[0106]. Everard is silent to positioning the sensor within the main chamber and reservoir. Positioning the sensor within the main chamber or adding an additional sensor within the reservoir 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 add an additional sensor and position both sensors within the main chamber and reservoir of Everard with a reasonable expectation of success because it would have allowed improved pressure management of pressures within the main chamber and pressures within the reservoir reach a pre- selected maximum level. Everard is silent to the air flow control valve in communication with the first and second pressure sensors. Placing conventional control electronics on additional elements 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 add air control electronics such as the pressure sensors stated above to the air flow control valve of Everard with a reasonable expectation of success because it would have allowed improved pressure management of pressures within the main chamber and pressures within the reservoir reach a pre- selected maximum level.
Claim 9, Everard discloses the air mattress system wherein the external air source is
ambient air.
Claim 10, Everard discloses the air mattress system wherein the secondary inflation device comprises an air reservoir having a substantially airtight compartment capable of receiving, holding (col. 6 lines 15-21), and releasing pressurized air, the air flow control valve is operable to selectively direct air flow between the air intake, the main chamber, and/or the air reservoir, and the air flow control valve is operable to open and close such that air may be released from the air reservoir into the main chamber (col. 6 lines 44-58).
Claim 11, Everard discloses the air mattress system further comprising a user interface defined by a controller (32,70) capable of receiving user input indicative of the first pressure.
Claim 12, Everard discloses the air mattress system wherein the controller is capable upon receiving the first pressure, output instructions for the primary inflation device to provide air into the main chamber; upon receiving a pressure value from the pressure sensor that equals the first pressure, output instructions for the primary inflation device to cease providing air into the main chamber; and upon receiving a pressure value from the pressure sensor that is less than the first pressure, output instructions for the secondary inflation device to provide air to the main chamber (col. 6 lines 36-58). Claims 18-19, Everard discloses the method wherein the primary inflation device and the secondary inflation device are essential/integral with the inflatable object (fig. 6).
Claim 21, Everard discloses the system, wherein it is well known to employ control electronics including a processer defined by a computer capable of receiving electronic signals (col. 1 lines 50-54). Adding a computer with electronic air control elements 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 add a computer to the air control electronics of Everard with a reasonable expectation of success because it would have allowed improved pressure management of pressures within the main chamber and pressures within the reservoir reach a pre- selected maximum level.
Claim(s) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 5,142,717 to Everard et al. in view of U.S. Pub. No. 2009/0314354 to Chaffee, and further in view of U.S. Pub. No. 2016/0135607 to Ocegueda et al.
Claim 13, Everard discloses the air mattress system, but is silent to the controller being in electrical communication with a source of time. Chaffee discloses a controller 661 that is in electrical communication with a source of time information, and the controller is capable during a predetermined range of times if an air pressure of the main chamber is below the first pressure, output instructions for the primary inflation device to provide air into the main chamber until the air pressure of the main chamber equals the first pressure [0255]-[0257]:[0309],[0312]-[0314]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the controller of Everard with the system of Everard with a reasonable expectation of success because it would have provided a means to adjust the pressurization of the system in response to a user input selected by the user [Abstract].
Claims 14-16, Everard discloses the system for controlling an air pressure of an inflatable object, the system comprising a primary inflation 60 device in fluid connection with the main chamber and configured to inflate the main chamber to a first pressure; and a secondary inflation defined by a reservoir 58 device disposed within the main chamber and in fluid connection with the main chamber and the primary inflation device (fig. 6), the secondary inflation device being inflatable to a second pressure and configured to provide air from the secondary inflation device to the main chamber at least in part via a pressure differential between the second pressure and first pressure; wherein the air mattress is inflatable configured to be inflated and deflated (col. 5-7 lines 50-68, 1-68, & 1-27), a pressure sensor 26 capable of monitoring an air pressure of the main chamber; a user input interface (32,70) capable of receiving user input indicative of a desired pressure of the main chamber; and an air flow control valve 66 capable to receive air flow directly from the primary inflation device wherein Everard explicitly states that the "electrically actuated valve 66 directs the output from the pump to either the reservoir or to the air chambers" such that the air flow control valve 66 is capable of selectively directing the air flow between the primary inflation device, the main chamber, and the secondary inflation device and configured to pass through the air flow control valve 66 before entering the main chamber or the secondary inflation device and inherently maintains a seal with an air intake of the primary inflation device (col. 5 lines 64-65)(fig. 5), but is silent to a processor with memory. Chaffee discloses a processor with memory [0089]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the processor with memory of Everard with the system of Everard with a reasonable expectation of success because it would have provided logic and other apparatus for storing and executing instructions for
operation of the pressure system of Wilkinson. Everard is silent to the primary device being configured to automatically refill the secondary inflation for a period of time after an initial inflation. Ocegueda discloses an automatic control system 24 that automatically controls inflation during a period of time based on a predetermined air pressure and two or more air chambers may be connected via valves such that the controller may control the opening and closing of these valves to achieve the desired air pressure [0038]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the automatic control system of Ocegueda with the control of Evarard with a reasonable expectation of success because it would have equivalent and alternative automatic control of air pressure within the air chambers of Everard.
Response to Arguments
Applicant's arguments filed 06/25/2026 have been fully considered but they are not persuasive.
Claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the claims. Therefore, the words of a claim are generally given their ordinary and customary meaning. Seal is customarily defined as a device that is used to join two things together so as to prevent them from coming apart or prevent anything from passing between them. Everard explicitly discloses that the "electrically actuated valve 66 directs the output from the pump to either the reservoir or to the air chambers" (col. 5 lines 64-65)(fig. 5) Therefore, the electrically actuated valve 66 of Everard inherently maintains fluid communication by joining the fluid line from the primary inflation device to the fluid lines of the main chamber and secondary inflation device as clearly illustrated in figure 5. Everard does not disclose that the fluid communication is not maintained between the fluid line of the primary inflation device as argued by the Applicant. Therefore, the Examiner reads the electrically actuated valve of Everard on the Applicant’s broad limitation since the electrically actuated valve serves to selectively direct the air flow before entering the main chamber fluid line or the secondary inflation device fluid line and inherently maintains a seal by joining the fluid lines of the primary inflation device, the main chamber, and the secondary inflation device with the fluid line of an air intake of the primary inflation device and prevents the fluid lines from coming apart from anything such as ambient air from passing between them. It appears that the Applicant continues to rely on broad structural language that fails to clearly distinguish the present invention over the prior art of record and does not preclude the Examiner from interpreting the claims as stated above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 0251835 to Wherrett et al. discloses an inflatable mattress having a controller inflating chambers of periods of time.
U.S. Pat. No. 5,746,873 to Graf discloses an inflatable mattress having a reservoir inside the mattress.
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
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