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 .
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 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180280219 A1 to Garrett.
Re Claim 1, Garrett teaches:
A support surface overlay system (at least [Abstract] “apparatus for rotating a bed-ridden person”) comprising:
a bladder having a first selectively inflatable compartment and a first fluid conduit in fluid communication with the first selectively inflatable compartment (at least Fig. 4 element 100 and [0045] “upper left side bladder 100 […] may be inflated”); and a control system configured to selectively inflate and deflate the bladder and to detect a presence of a load on the bladder (at least Fig. 4 element 500 and [0059] “controller 500” and [0032] “controller of the invention in fluid communication with the inflatable bladders of the invention via fluid tubing so that the bladders of the invention may be inflated or deflated by the at least one air pump and valve of the invention”),
the control system comprising: a controller having a pump configured to selectively inflate and deflate the first selectively inflatable compartment and a pump outlet conduit in fluid communication with the pump (at least Fig. 4 and [0058] “at least one fluid pump 470 and valves as depicted in FIG. 4, such that upper left bladder 100 and lower left bladder 200 may be simultaneously inflated or deflated by operation of at least one air pump 470 and valves”);
a memory configured to store predetermined data indicative of a first operating parameter related to inflation and deflation of the first selectively inflatable compartment with the bladder in an unloaded state as a function of time (at least [0077] “executing computer readable instructions stored in non-transitory computer readable memory 477 for the purposes of generating control signals for operating valves 1010, 1011, 1012 and pump 470” and [0064] “controller 475 may execute computer readable instructions that command timed operation of the fluid pump”);
a first sensor configured to detect and provide data signals indicative of the first operating parameter related to inflation and deflation of the first selectively inflatable compartment as a function of time (at least [0064] “this automatic, programmed, variably-timed operation allows a user to sleep without worry of developing pressure sores. Pressure sensors 454 may be in electrical or wireless communication with fluid pump and valve assembly 450 and may operate to shut off fluid pump and valve assembly 450 once a pre-determined desired pressure is reached in the bladders being inflated”); and
a processor configured to receive the data signals from the first sensor (at least [0059] “a processor 475 capable of executing non-transitory computer readable instructions”), compare the data signals received from the first sensor to the predetermined data stored in the memory according to a predetermined criteria, and determine whether or not a load is present on the bladder based on the comparison time (at least [0064] “Pressure sensors 454 may be in electrical or wireless communication with fluid pump and valve assembly 450 and may operate to shut off fluid pump and valve assembly 450 once a pre-determined desired pressure is reached in the bladders being inflated”).
Re Claim 9, Garrett teaches:
The support surface overlay system of claim 1, wherein the bladder further comprising: a second selectively inflatable compartment and a second fluid conduit in fluid communication with the second selectively inflatable compartment (at least Fig. 4 element 200 and [0045] “lower left side bladder 200”), wherein the pump is configured to selectively inflate and deflate the second selectively inflatable compartment bladder (at least Fig. 4 element 500 and [0059] “controller 500” and [0032] “controller of the invention in fluid communication with the inflatable bladders of the invention via fluid tubing so that the bladders of the invention may be inflated or deflated by the at least one air pump and valve of the invention”);
a second sensor configured to detect and provide data signals indicative of a second operating parameter related to inflation and deflation the second selectively inflatable compartment as function of time (at least [0064] “this automatic, programmed, variably-timed operation allows a user to sleep without worry of developing pressure sores. Pressure sensors 454 may be in electrical or wireless communication with fluid pump and valve assembly 450 and may operate to shut off fluid pump and valve assembly 450 once a pre-determined desired pressure is reached in the bladders being inflated”), wherein the processor (at least [0059] “a processor 475 capable of executing non-transitory computer readable instructions”) is further configured to receive data signals from the second sensor, compare the data signals received from the second sensor to the predetermined data stored in the memory according to the predetermined criteria, and determine whether or not a load is present on the bladder based on the comparison (at least [0064] “Pressure sensors 454 may be in electrical or wireless communication with fluid pump and valve assembly 450 and may operate to shut off fluid pump and valve assembly 450 once a pre-determined desired pressure is reached in the bladders being inflated”).
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) 2-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garrett in view of US 20210295661 A1 to Tadele.
Re Claim 2, Garrett teaches:
The support surface overlay system of claim 1 (detailed with respect to claim 1).
Garrett does not explicitly teach:
wherein the first operating parameter comprises sound in, on, or near one of the first fluid conduit and the pump outlet conduit as a function of time; wherein the predetermined data stored in the memory is indicative of the sound in, on, or near the one of the first fluid conduit and the pump outlet conduit as a function of time; and wherein the first sensor comprises a first acoustic sensor configured to detect the sound in, on, or near the one of the first fluid conduit and the pump outlet conduit as a function of time.
However, Tadele teaches:
wherein the first operating parameter comprises sound in, on, or near one of the first fluid conduit and the pump outlet conduit as a function of time; wherein the predetermined data stored in the memory is indicative of the sound in, on, or near the one of the first fluid conduit and the pump outlet conduit as a function of time; and wherein the first sensor comprises a first acoustic sensor configured to detect the sound in, on, or near the one of the first fluid conduit and the pump outlet conduit as a function of time (at least [0051] “acoustic sensors” and [0074] “using the reservoirs 454, 456 for inflating and/or deflating the bladders of the in-bed haptic device 400 may reduce potential disturbances (e.g., sound, vibration, and the like) that would be created by using a pump for inflation and/or deflation. For example, the pumps 458a, 458b of the control system 450 can pressurize or depressurize the reservoirs 454, 456 before use of the in-bed haptic device 400 (e.g., while a user is not present), thereby minimizing disturbances to users”).
It would have been obvious to a person having ordinary skill in the art to have modified the support surface taught by Garrett with the sound sensor taught by Tadele with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it “may reduce potential disturbances (e.g., sound, vibration, and the like) that would be created by using a pump for inflation and/or deflation” (Tadele [0074]).
Re Claim 3, the combination of Garrett and Tadele teaches:
The support surface overlay system of claim 2 (detailed with respect to claim 2).
Tadele further teaches:
wherein the predetermined data stored in the memory comprises at least one of a duration, a timing, or a pitch characteristic; and wherein the predetermined criteria comprises a predetermined difference between at least one of the duration, the timing, or the pitch characteristic of the predetermined data stored in the memory and a corresponding one of a duration, a timing, or a pitch characteristic of the sound detected by the first sensor (at least [0040] “audio sensors […] Triggers may also include raw inputs received from the in-bed haptic device and/or other devices, outputs provided by a device (e.g., audio outputs, video outputs, haptic outputs, alerts or alarms, and the like), and other conditions (e.g., time of day […] the processing unit may determine one or more haptic outputs to be provided and cause the control system and/or the in-bed haptic device to provide the haptic output(s)”).
Re Claim 4, the combination of Garrett and Tadele teaches:
The support surface overlay system of claim 2 (detailed with respect to claim 2).
Tadele further teaches:
wherein the support surface overlay system further includes an exhaust conduit in fluid communication with the first selectively inflatable compartment and configured to discharge fluid from the first selectively inflatable compartment; wherein the first operating parameter comprises sound in, on, or near the exhaust conduit as a function of time; wherein the predetermined data stored in the memory is indicative of the sound in, on, or near the exhaust conduit as a function of time; and wherein the first sensor comprises a first acoustic sensor configured to detect the sound in, on, or near the exhaust conduit as a function of time (at least [0091] “The pumps of the control system 450 can pressurize or depressurize the reservoirs over a long period of time in advance of providing haptic outputs to “charge” the reservoirs so that more rapid pressure changes may occur. In addition, using the reservoirs for inflating and/or deflating the bladders of the in-bed haptic device may reduce potential disturbances (e.g., sound, vibration, and the like) that would be created by using a pump for inflation and/or deflation” and [0095] “he other sensors can be configured in an array as described herein and include temperature sensors, proximity sensors, acoustic sensors, or other types of sensors. For example, acoustic sensors can include a microphone that is used to detect sounds of the user, such as a heartbeat or respiration. Relative sound levels can be used to determine a posture of a user, such as whether he or she is on their back, side, or in some other position. In other examples, the array of sensors can include one or more motors that are used to vibrate the haptic device”).
Re Claim 5, the combination of Garrett and Tadele teaches:
The support surface overlay system of claim 4 (detailed with respect to claim 4).
Tadele further teaches:
wherein the predetermined data stored in the memory comprises at least one of a duration, a timing, or a pitch characteristic; and wherein the predetermined criteria comprises a predetermined difference between at least one of the duration, the timing, or the pitch characteristic of the predetermined data stored in the memory and a corresponding one of a duration, a timing, or a pitch characteristic of the sound detected by at least one of the first sensor and a second sensor (at least [0040] “audio sensors […] Triggers may also include raw inputs received from the in-bed haptic device and/or other devices, outputs provided by a device (e.g., audio outputs, video outputs, haptic outputs, alerts or alarms, and the like), and other conditions (e.g., time of day […] the processing unit may determine one or more haptic outputs to be provided and cause the control system and/or the in-bed haptic device to provide the haptic output(s)”).
Re Claim 6, the combination of Garrett and Tadele teaches:
The support surface overlay system of claim 1 (detailed with respect to claim 1).
Tadele further teaches:
wherein the support surface overlay system further includes an exhaust conduit in fluid communication with the first selectively inflatable compartment and configured to discharge fluid from the first selectively inflatable compartment; wherein the first operating parameter comprises sound in, on, or near the exhaust conduit as a function of time; wherein the predetermined data stored in the memory is indicative of the sound in, on, or near the exhaust conduit as a function of time, and wherein the first sensor comprises a first acoustic sensor configured to detect the sound in, on, or near the exhaust conduit as a function of time (at least [0091] “The pumps of the control system 450 can pressurize or depressurize the reservoirs over a long period of time in advance of providing haptic outputs to “charge” the reservoirs so that more rapid pressure changes may occur. In addition, using the reservoirs for inflating and/or deflating the bladders of the in-bed haptic device may reduce potential disturbances (e.g., sound, vibration, and the like) that would be created by using a pump for inflation and/or deflation” and [0095] “he other sensors can be configured in an array as described herein and include temperature sensors, proximity sensors, acoustic sensors, or other types of sensors. For example, acoustic sensors can include a microphone that is used to detect sounds of the user, such as a heartbeat or respiration. Relative sound levels can be used to determine a posture of a user, such as whether he or she is on their back, side, or in some other position. In other examples, the array of sensors can include one or more motors that are used to vibrate the haptic device”).
Re Claim 7, the combination of Garrett and Tadele teaches:
The support surface overlay system of claim 6 (detailed with respect to claim 6).
Tadele further teaches:
wherein the predetermined data stored in the memory comprises at least one of a duration, a timing, or a pitch characteristic, and wherein the predetermined criteria comprises a predetermined difference between at least one of the duration, the timing, or the pitch characteristic of the predetermined data stored in the memory and a corresponding one of a duration, a timing, or a pitch characteristic of the sound detected by the first acoustic sensor (at least [0040] “audio sensors […] Triggers may also include raw inputs received from the in-bed haptic device and/or other devices, outputs provided by a device (e.g., audio outputs, video outputs, haptic outputs, alerts or alarms, and the like), and other conditions (e.g., time of day […] the processing unit may determine one or more haptic outputs to be provided and cause the control system and/or the in-bed haptic device to provide the haptic output(s)”).
Re Claim 8, the combination of Garrett and Tadele teaches:
The support surface overlay system of claim 6 (detailed with respect to claim 6).
Garrett further teaches:
wherein the load may comprise a patient (at least [Abstract] “a bed-ridden person”).
Re Claim 10, Garrett teaches:
The support surface overlay system of claim 1 (detailed with respect to claim 1).
Garrett does not explicitly teach:
wherein the first sensor comprises one of a microphone and an accelerometer (at least [0095] “acoustic sensors can include a microphone” and [0152] “an accelerometer”).
However, Tadele teaches:
wherein the first sensor comprises one of a microphone and an accelerometer.
It would have been obvious to a person having ordinary skill in the art to have modified the support surface taught by Garrett with the sound sensor taught by Tadele with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it “may reduce potential disturbances (e.g., sound, vibration, and the like) that would be created by using a pump for inflation and/or deflation” (Tadele [0074]).
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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/GEORGE SUN/ Primary Examiner, Art Unit 3673