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 .
Amendment(s) and Claim Status
In the Amendment filed August 11, 2025, the applicant presented remarks with no claim amendments. Claims 1-10 stand canceled, and claims 11-29 have been presented for further consideration and are pending.
Response to Arguments
Applicant's arguments, have been fully considered but they are not persuasive. In the Remarks, the applicant presents the following arguments:
The Office Action alleges that the BIENKO was "available to the public in January 2005" without providing any evidence, reason(s), or information to support this assertion. For example, was this document allegedly "available to the public" because it was published somewhere? If so, where and - importantly -when? How has Office Action determined that this possible publication was before the priority date or filing date of the pending Application,
and not after?
The relied upon reference “Proposal for a Temperature Controlled Mattress Pad”, was captured from an online Google Scholar search (see search notes). As noted, the cited document was generated as part of an undergraduate course directive, provided as an outline for the engineering course (ENSC440), and presented to engineering professors/instructors Lakshman One and Michael Sjoerdsma of the School of Engineering Science at Simon Fraser University in January 2005. Subsequent to course requirements (e.g., potential presentations to peers, etc.) and submission of the document to individuals in the Engineering Department, The Steve Whitmore Engineering Science Undergraduate Capstone Project Collection created an online capture in the school’s database of undergraduate projects, and made the document(s) available to the general public through the Capstone Project Collection in April 2005 (see cited search notes). The document dated January 2005 [without confidentiality agreement] and/or [at least] April 2005 [date made available through the university capstone project collection], appear to substantiate the cited date(s) in which the document was made available to the general public through the university and/or classmate/professor colleagues. Both dates precede the effective date of the application.
The following rejection is maintained.
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.
Claims 11-29 are rejected under 35 U.S.C. 103 as being unpatentable over Tsern et al., U.S. Patent Application Publication No. 2018/0125256 (published May 2018, hereinafter TSERN), in view of Bienko et al., “Proposal for a Temperature Controlled Mattress Pad” (available to the public in January 2005, hereinafter BIENKO).
1-10 (Canceled)
As per claim 11, TSERN teaches of a system comprising:
a pad shaped to be placed on a mattress of a bed having an adjustable foundation, the adjustable foundation configured to selectively elevate a section of the mattress (see fig. 6A; and par. 15 and 18-19: bedding system includes electromechanical components used to adjust the sleep surface to accommodate a user);
one or more environment-sensors configured to generate environment-data based on ambient conditions of a room that contains the bed (see fig. 6B, elements 625; and par. 9 and 99: system relies on the input from multiple sensors which impact the sleep area (e.g., microphones, temperature, light, etc.), to capture environmental data); and
control circuitry comprising at least one processor and memory (see fig 6A and 6B; and fig. 12 and 99: controller coupled to environmental inputs and bed system storing operational programs that monitor input and facilitate output control commands), control circuitry configured to:
receive, from the one or more environment-sensors, the environment-data (see fig. 6B, element 611; and par. 9, 98-99 and par. 122-123: local controller connected to environmental sensors used to capture environmental data and use the data to moderate [immediate] parameters affecting both the sleep environment and bed conditions);
determine an ambient temperature for the room that contains the bed (see par. 45 and 82-83: system gathers [environmental] sensor input (e.g., temperature, light, sound, etc.), analyzes the input respective of user sleeping parameters and adjust and/or facilitate changes that will directly impact the immediate sleeping environment); and
based on the determination of the ambient temperature, selectively adjusting, without specific user input, at least one portion of the mattress (see par. 83-84 and 98: based on collected sensor data, the system controller automatically performs system activity (e.g., without user input) that directly affects the temperature in the immediate sleeping environment, respective of the user Therapy Profile(s)).
While TSERN focuses on a padded mattress consistent with the above cited limitations, the art fails to explicitly address a pad shaped to be placed on a mattress.
Like TSERN, the BIENKO reference is directed to mattress based system which aides in adjusting a user’s sleep environment (e.g., adjusting temperature, firmness, etc.) to facilitate better sleep. However, the art further teaches applying controlled adjustable changes to a mattress pad based system (see fig. 1-2 and section 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of BIENKO's system and method of using a system controlled mattress pad, with TSERN's system and method of considering and adjusting a user’s mattress in accordance to user and environmental inputs, to provide a more mobile sleeping aide that provides the user with the ability to use a [portable] pad to different sleep locations, whereby affording the user with an aide during travel and/or time spent away from a [resident] sleep environment.
As per claim 12, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 11, wherein the ambient conditions comprise ambient temperature (see fig. 6B, elements 625; and par. 82-83 and 99: system captures input from multiple environmental sensors that impact the sleep area, inclusive of ambient temperatures).
As per claim 13, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 12, wherein at least one of the one or more environment-sensors is an ambient temperature sensor that is positioned in the room and not affixed to the bed (see fig. 6B, elements 625; and par. 9 and 99: system captures and employs temperature input from both the room and immediate mattress areas to facilitate a better sleeping environment). The cited BIENKO also teaches of comfort bedding systems which rely on room/environmental factors (e.g., at least temperature) in making system adjustments that further facilitate better sleeping parameters (see pg. 3, sect. 3).
As per claim 14, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 11, wherein to selectively adjusting, without specific user input, at least one portion of the mattress, the control circuitry is configured to instruct the adjustable foundation to selectively elevate at least one portion of the mattress (see fig. 6B; and par. 18-19, 57-58, 70, 83: based on user input and Therapy Profiles, the controller can command position changes to the adjustable base).
As per claim 15, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 11, wherein to selectively adjusting, without specific user input, at least one portion of the mattress, the control circuitry is configured to cause a change a temperature of the bed (see par. 83-84 and 98: respective of gathered sensor data and a user’s Therapy Profile, the system controller performs system activity without user input, that directly adjust temperatures in a sleeping area). The cited BIENKO also teaches of comfort sleeping [assistance] systems which make automatic system adjustments without user intervention (see fig. 2; and pg. 3, sect. 3).
As per claim 16, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 15, wherein changing a temperature of the bed comprises means for increasing temperature of the bed and/or decreasing the temperature of the bed (see par. 86-92: system focuses on capturing environmental and user data, and using the data to further control mechanisms capable of increasing and/or decreasing the temperature in a bed, based on user settings). BIENKO also teaches of sleep comfort systems providing systematic components to facilitate the heating and cooling of a sleep environment based on comfort parameters (see pg. 3, sect. 3).
As per claim 17, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 16, wherein changing a temperature of the bed comprises functionality to increase the temperature of the bed in a first location and functionality to decrease the temperature of the bed in a second location different than the first location (see fig. 3-4 and par. 76-86: the system comprise an array of temperature sensors which work in concert with pressure/displacement sensors to regulate body temperature and comfort, whereby allowing the system to dynamically analyze a user’s position and adjust temperatures and firmness in line with Therapy Profile settings, wherein an increase/decrease in temperature change is based on movement and position).
As per claim 18, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein BIENKO further teaches of the system of claim 15, wherein changing a temperature of the bed comprises instructing a pump to push fluid through the pad to modify the temperature of the pad (see fig. 1 and pg. 8, sect 5.3: based on strategically placed temperature sensors, the controller determines whether to pump heated or cooled fluid through the system, as a result of desired user settings).
As per claim 19, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 11, wherein the control circuitry is further configured to:
collect user-data based on sensing of a user on the bed (see par. 76-86: the system comprise an array of temperature, pressure and displacement sensors which work to regulate body temperature and comfort, wherein the sensors dynamically analyze a user’s position and adjust temperatures and firmness in line with Therapy Profile settings); and
wherein the selectively adjusting, without specific user input, at least one portion of the mattress is based on the determination of the ambient temperature and based on the user-data (see par. 83-84 and 98: based on environmental sensor data and Therapy Profiles, the system controller engages in system operations without user input, by adjusting parameters of an individual’s immediate sleeping environment).
As per claim 20, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein BIENKO further teaches of the system of claim 11, wherein the system further comprises a housing containing at least some of the control circuitry and one or more fluid pumps configured to pump fluid to the pad to modify the temperature of the bed (see fig. 1 and pg. 8, sect 5.3: the control unit provides a housing which control circuitry and pumps to interface with a mattress pad, wherein the controller facilitates the transfer heated or cooled fluid through the system).
As per claim 21, TSERN teaches of a system comprising:
one or more environment-sensors configured to generate environment-data based on ambient conditions of a room that contains the bed (see fig. 6B, elements 625; and par. 9 and 99: system relies on the input from multiple sensors which impact the sleep area (e.g., microphones, temperature, light, etc.), to capture environmental data);
one or more user-sensors configured to generate user-data based on sensing of a user on the bed (see par. 76-86 and 102: the system comprise an array of temperature, pressure and displacement sensors which work to regulate body temperature and comfort, wherein the sensors dynamically analyze a user’s position and adjust temperatures and firmness in line with Therapy Profile settings, wherein the system further analyze further facilitate control methods as a result of iterative learning and feedback processes to improve an individual’s sleep environment);
control circuitry comprising at least one processor and memory (see fig 6A and 6B; and fig. 12 and 99: controller coupled to environmental inputs and bed system storing operational programs that monitor input and facilitate output control commands), the control circuitry configured to:
receive, from the one or more environment-sensors, the environment-data (see fig. 6B, element 611; and par. 9, 98-99 and 122-123: local controller connected to environmental sensors used to capture environmental data);
receive, from the one or more user-sensors, the user-data (see par. 76-86: the system comprise an array of temperature, pressure and displacement sensors which work to monitor and collect user-data for further use in the system controller);
at a first time:
adjusting the bed based on an initial-model using the environment-data and the user-data (see par. 130-131: default Therapy Profile (e.g., considered by the examiner as the initial-model) settings based on environmental data and user-defined group data containing parameters of individuals sharing similar sleep ailments/concerns); and
generating, using the environment-data and the user-data, a personalized-model specific for the user par. 5 and 106-108: customized Therapy Profile (e.g., considered by the examiner as the personalized-model) settings based on environmental data and specific user context information (e.g., age, height, weight, etc.) along with user-defined sleeping characteristics);
at a second time later than the first time:
adjusting the bed based on the personalized-model using the environment-data and the user-data (see par. 106-107: captured user activity in combination with personalized Therapy Profiles can be used to set customized sleeping environments, while real-time data can be captured (via bed and environmental sensors) to continually learn details related to an individual’s sleep pattern and further refine comfort patterns.
While TSERN focuses on a padded mattress consistent with the above cited limitations, the art fails to explicitly address a pad shaped to be placed on a mattress.
Like TSERN, the BIENKO reference is directed to mattress based system which aides in adjusting a user’s sleep environment (e.g., adjusting temperature, firmness, etc.) to facilitate better sleep. However, the art further teaches applying adjustable changes to a pad controlled system (see fig. 1-2 and section 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of BIENKO's system and method of using a controlled mattress pad, with TSERN's system and method of adjusting a user’s mattress based on user and environmental inputs, to provide a mobile sleep aide that allows a user to travel with a device that supports their sleeping conditions.
As per claim 22, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 21, wherein generating, using the environment-data and the user-data, a personalized-model specific for the user comprises applying a learning algorithm using some of the environment-data and some of the user-data for training (see par. 6, 17, 53 and 102: system uses capture environmental [area] data, immediate sleeping [area] data and user specific Therapy Profile (e.g., personalized-model) data in analyzing sleeping conditions and iteratively learning specifics affecting an individual’s sleeping paradigm, wherein the user’s Therapy Profile is further customized to include updates and control methods are employed [consistent with feedback data] to improve sleep control measures).
As per claim 23, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 21, wherein the initial-model has a plurality of inputs that include the environment-data and the user-data; and the personalized-model has the same plurality of inputs that include the environment-data and the user-data (see par. 5 and 106-108: customized Therapy Profile (e.g., personalized-model) settings based on environmental data and specific user context information (e.g., age, height, weight, etc.) along with user-defined sleeping characteristics).
As per claim 24, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 21, wherein adjusting the bed based on the personalized-model using the environment-data and the user-data comprises a request to selectively elevate at least one portion of the mattress (see fig. 6A and 6B; and par. 15, 18-19, 57-58 and 83: bedding system includes electromechanical components used to adjust the sleep surface to accommodate a user, wherein based on environmental input and Therapy Profile data, the controller can command position changes to the adjustable base).
As per claim 25, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 21, wherein adjusting the bed based on the personalized-model using the environment-data and the user-data comprises a change to a temperature of the bed (see par. 83-84 and 98: respective of gathered sensor data and a user’s Therapy Profile, the system controller performs system activity without user input, that directly adjust temperatures in a sleeping area). The cited BIENKO also teaches of comfort sleeping [assistance] systems which make automatic system adjustments without user intervention (see fig. 2; and pg. 3, sect. 3).
As per claim 26, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 25, wherein changing a temperature of the bed comprises at least one of increasing temperature of the bed and functionality to decreasing the temperature of the bed (see par. 86-92: system focuses on capturing environmental and user data, and using the data to further control mechanisms capable of increasing and/or decreasing the temperature in a bed, based on user settings). BIENKO also teaches of sleep comfort systems providing systematic components to facilitate the heating and cooling of a sleep environment based on comfort parameters (see pg. 3, sect. 3).
As per claim 27, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein TSERN further teaches of the system of claim 26, wherein changing a temperature of the bed comprises functionality to increase the temperature of the bed in a first location and functionality to decrease the temperature of the bed in a second location different than the first location (see fig. 3-4 and par. 76-86: the system comprise an array of temperature sensors which work in concert with pressure/displacement sensors to regulate body temperature and comfort, whereby allowing the system to dynamically analyze a user’s position and adjust temperatures and firmness in line with Therapy Profile settings, wherein an increase/decrease in temperature change is based on movement and position).
As per claim 28, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein BIENKO further teaches of the system of claim 21, wherein changing a temperature of the bed comprises instructing a pump to push fluid through the pad to modify the temperature of the pad (see fig. 1 and pg. 8, sect 5.3: based on strategically placed temperature sensors, the controller determines whether to pump heated or cooled fluid through the system, as a result of desired user settings).
As per claim 29, the combination of TSERN and BIENKO teaches all of the limitations noted in the base claim(s) as outlined above, wherein BIENKO further teaches of the system of claim 21, wherein the system further comprises a housing containing at least some of the control circuitry and one or more fluid pumps configured to pump fluid to the pad (see fig. 1 and pg. 8, sect 5.3: the control unit provides a housing which control circuitry and pumps to interface with a mattress pad, wherein the controller facilitates the transfer heated or cooled fluid through the system).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The applicant is strongly encouraged to contact the examiner if further clarifications are needed with respect to interpretation of currently presented claims and/or cited prior art.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN BOOKER whose telephone number is (571)272-7827. The examiner can normally be reached on M-F 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571) 272-4105. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call (800) 786-9199 (IN USA OR CANADA) or (571) 272-1000.
/Kelvin Booker/
Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119