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 with traverse of Species A-IX (Figs. 21A-21B) directed to a closeable pod system and Species B -V (Figs. 20A-20D) directed to a collection of spherical size changing components in the reply filed on 9/21/2026 is acknowledged. The traversal is on the ground(s) that
First: No claims are generic, and
Second no serious search or examination burden is established.
Regarding Applicant’s first point, the examiner agrees at least claims 1 and 8 are generic and that claims 16-20 read on the elected species. Examination will proceed regarding claims 1-20 as they broadly relate to the elected Species A-IX (Figs. 21A-21B) and B-V (Figs. 20A-20D).
Regarding Applicant’s second point, the examiner respectfully disagrees.
Species A includes diverse subject matter such as:
Surgical/medical tables ( Figs. 13A- 14B) which may be searched in A47B 2200/0045 as well as A47C 17/62,
Car Seats ( Figs. 15A-15B) which could be found in A47G 9/068, A47D 13/043, A61H 2201/0149
Generic Articles of clothing ( Figs. 16A-16B), Footwear(Figs. 17A-17B), and Bullet proof vests(Figs.18A-18B), which could require searches in any of B32B 2437/00+, A41D 1/00+, A41D7/00+, D06N 2211/10+, A43+, A61B 5/6807+, A61L 2103/55+, B29L 2031/50+ for various footwear, and A62B 17/00+ for bullet proof clothing.
Species B includes very diverse subject matter such as:
First and second opposing electrodes on opposite sides of a fluid filled bladder ( Figs. 4A-5C) which could be A47C 27/083, A47C 27/10, and A47C 31/123
Diverse Shapeable materials which may include light or heat etc. which could be in A61M 2230/50, H01H 2085/0004, H01R 12/856, F16B 2200/77, as well as A47C 31/123.
As noted above, both Groups, Species A and B contain varied and diverse subject matter that would require very different search areas as well as, search terms, and search strategies.
The requirement is still deemed proper and is therefore made FINAL.
Examination will proceed as indicated above on claims 1-20 as they relate to the elected Species A-IX (Figs. 21A-21B) and B-V (Figs. 20A-20D).
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.
Claim(s) 1-4, 8-16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Griffith et al(US 20210204716) hereinafter Griffith et al.
Griffith et al. teaches in general a bed system includes microclimate control capabilities for providing quality sleep experience. The bed system can include a microclimate control subsystem configured to supply conditioned air (e.g., heated or cooled air) to a mattress, or draw ambient air from the mattress, to achieve a desired temperature at the top of the mattress. Utilizing supply of conditioned air to provide air at desired temperature to the mattress system, or utilizing air suction to drain heat away from the mattress system, can provide precise microclimate control at the mattress, thereby permitting conformable sleep. The bed system of Griffith et al. includes a bed structure which includes an adjustable frame/support structure and an actuator to adjust the bed frame in response to the application of energy, the bed structure also includes a mattress that includes flexible fabric and an actuator to adjust the mattress firmness and the micro-climate of the bed including heating and cooling of the environment. The system of Griffith et al. also includes more than one “chamber” capable of or configured to manipulate the sleeping environment with respect to vibration, light, sound or gas. It is noted here the “chamber” is not structurally connected to the sleeping structure and could be the room/bedroom in which the bed is located in which the lights, temperature, and air is adjusted or the “chamber” created by the void within the mattress in which air and temperature and vibration is controlled.
Regarding claims 1, 8, 16 and 20, Griffith et al. teaches sleeping or resting structure configured to engage a user arranged in a sitting, prone or semi-prone position; Note figures 1 and 38.
an actuation assembly configured to manipulate the sleeping or resting structure, wherein the sleeping or resting structure is responsive to energy provided by the actuation assembly; Note Figs. 1 and 38 and paragraphs [0043] and [0187] set forth an adjustable frame/foundation to adjust the mattress and paragraph [0188] set forth an actuator that controls the mattress firmness by a control system that energizes a pump to inflate/deflate air chambers within the mattress. The control system operating the pump serves as an actuator that controls the sleep structure and where the sleep structure is “responsive” to the energy applied to the pump.
a chamber configured to manipulate a sleeping or resting environment of the user via control of at least one of a vibration, a light, a sound, or a gas. As noted above, there are at least two “chambers” configured to manipulate the sleeping environment. Paragraphs [0052], [0207] ,The enclosed mattress creates a “chamber” in which cool air or warm air is channeled controlling the sleeping environment, or [411] and [0420] the bed is caused to vibrate, also the “chamber” as it relates to the room/bedroom in which the sleep structure is located is controlled to adjust the lights or air within the “chamber” or room as well as other appliances within the room. It is further noted , it is not exactly clear how the “chamber” ( which is considered a void) , is configured to actively manipulate the environment other than by the nature of the void allows the localized air to change or light to reflect within the chamber or sound to also stay within the chamber. The mattress also includes a fabric and note paragraph [0284] the mattress can also include a flexible conductive fabric that is responsive to energy to provide heat.
Regarding claim 2, Griffith et al. teaches a sensing module configured to detect brainwaves of the user, wherein the chamber is configured to manipulate the sleeping or resting environment in response to the brainwaves detected by the sensing module. Note paragraph [493], [0493] The sleep cycle can be detected using various techniques, which can be included in the bed system 1100, or implemented with a separate system that can communicate with the bed system 1100. Example techniques include electroencephalography that shows the timing of sleep cycles by virtue of the marked distinction in brainwaves manifested during REM and non-REM sleep.
Regarding claims 3 and 15, Griffith et al. teaches wherein the sleeping chamber is further configured to provide gaseous medical treatments to the user. Note Paragraphs [0052], [0207] ,The enclosed mattress creates a “chamber” in which cool air or warm air is channeled controlling the sleeping environment. Broadly “gaseous medical treatment” is interpreted as warm or cool air provided to the user’s body for therapeutic effect.
Regarding claim 4, Griffith et al. teaches wherein the actuation assembly comprises a size-changing component, wherein the size-changing component is configured to change size in response to energy supplied to the size-changing component, and wherein the sleeping or resting structure is responsive to the size of the size-changing component. Paragraph [0188] sets forth an actuator that controls the mattress firmness by a control system that energizes a pump to inflate/deflate air chambers within the mattress. The control system operating the pump serves as an actuator that controls the sleep structure and where the sleep structure is “responsive” to the energy applied to the pump.
Regarding claim 9, Griffith et al. teaches wherein causing the deformation of the flexible fabric comprises transitioning a size-changing component from a first size to a second size by altering energy supplied to the size-changing component. Paragraph [0188] sets forth an actuator that controls the mattress firmness by a control system that energizes a pump to inflate/deflate air chambers within the mattress. The control system operating the pump serves as an actuator that controls the sleep structure and where the sleep structure is “responsive” to the energy applied to the pump. The size of the air chambers will differ when inflated versus when deflated.
Regarding claim 10, Griffith et al. teaches detecting a user input, wherein the user input comprises data from a user’s smart device, wherein transitioning the size-changing component occurs in response to the detection of the user input. Paragraph [0097] The operations may include receiving a user input for a desired pressure setpoint of the first air chamber; and operating the first air system to achieve the desired pressure setpoint. [0192] The bed-side controller 132 includes an input device (e.g., a keypad, buttons, switches, etc.) for receiving a user input of controlling various settings of the bed control system 110, such as articulation positions, temperature settings, air chamber pressure settings, etc. [0329] The remote control 1122 can be a dedicated wireless remote control, a dedicated wired remote control, a smart phone or other mobile device running a remote control application, or other remote control that is suitable to function for remotely controlling. The remote control 1122 can be omitted or modified as appropriate for an application. For example, in some embodiments the bed 1112 can be controlled by a computer, tablet, smart phone, or other device in wired or wireless communication with the bed 1112 in addition to or instead of using one or more remote controls 1122.
Regarding claim 11, Griffith et al. teaches , wherein the data comprises one or more of daily activities, oxygen levels, heart rate, diet, consumables, or environmental factors. [0328] The user of the bed system 1100 can use one or more input devices, such as the remote control 1122 and the user computing device 1124, to input a desired mode of operation, a desired temperature setting, a desired humidity setting, a desired bed position setting, and other suitable settings, in the bed system 1100.
Regarding claim 12, Griffith et al. teaches, further comprising detecting a user input, wherein the user input comprises data from a user’s smart device, wherein altering at least one of the composition of gas or the pressure of gas in the sleeping volume occurs in response to the detection of the user input. Note [0328] and [0192] The bed-side controller 132 includes an input device (e.g., a keypad, buttons, switches, etc.) for receiving a user input of controlling various settings of the bed control system 110, such as articulation positions, temperature settings, air chamber pressure settings, etc.
Regarding claim 13, Griffith et al. teaches , further comprising detecting the user’s brainwaves, wherein altering at least one of the composition of gas or the pressure of gas in the sleeping volume occurs in response to the detection of the user’s brainwaves. [0493] The sleep cycle can be detected using various techniques, which can be included in the bed system 1100, or implemented with a separate system that can communicate with the bed system 1100. Example techniques include electroencephalography that shows the timing of sleep cycles by virtue of the marked distinction in brainwaves manifested during REM and non-REM sleep. [0495] The airflow pad controller 1602 can determine a mode of operation based on the sleep cycle data (Step D), and actuate the fan 1610 according to the determined mode of operation. [0496] In an example process of controlling a microclimate of a mattress, the bed system 1100 can operate to determine a sleep cycle of a subject on the mattress, and determine a mode from a plurality of modes based on the sleep cycle. As described herein, the plurality of modes can include a cooling mode in which an air controller (e.g., the airflow pad controller) is operated to cause ambient or cooled air to flow from or into an airflow insert pad of the mattress, and a heating mode in which the air controller is operated to cause heated air to flow to the airflow insert pad of the mattress. According to the determined mode, the bed system can control the air controller.
Regarding claim 14, Griffith et al. teaches altering thermal energy supplied to a fluid in a temperature control system to alter a temperature of the flexible fabric. paragraph [0188] set forth an actuator that controls the mattress firmness by a control system that energizes a pump to inflate/deflate air chambers within the mattress. The control system operating the pump serves as an actuator that controls the sleep structure and where the sleep structure is “responsive” to the energy applied to the pump. [0496] In an example process of controlling a microclimate of a mattress, the bed system 1100 can operate to determine a sleep cycle of a subject on the mattress, and determine a mode from a plurality of modes based on the sleep cycle. As described herein, the plurality of modes can include a cooling mode in which an air controller (e.g., the airflow pad controller) is operated to cause ambient or cooled air to flow from or into an airflow insert pad of the mattress, and a heating mode in which the air controller is operated to cause heated air to flow to the airflow insert pad of the mattress. According to the determined mode, the bed system can control the air controller.
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.
Claim(s) 5, 7 , 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Griffith et al(US 20210204716) hereinafter Griffith et al. in view of SMIDERLE et al.( WO 2022265955) hereinafter SMIDERLE et al.
Griffith et al. teaches the claimed invention as set forth above including a size changing component to adjust the firmness of the mattress.
Regarding claims 5 , 7, 17 and 18, Griffith et al. does not specifically teach at size changing component that utilizes heat to alter the size of the changing component.
SMIDERLE et al. teaches Variable stiffness body support systems (e.g., mattress or cushion systems) and related methods are disclosed. The body support systems include at least one cushion layer comprising an outer cover layer and at least one flexible foam layer positioned below the outer cover layer. The body support systems also include a plurality of support members positioned below the at least one foam layer and arranged along at least one of a width direction and a length direction of the at least one cushion layer. The body support systems further include a plurality of drive units positioned below the support members such that at least one drive unit is associated with each support member. The drive units are configured to selectively vary the positions of the support members along a thickness direction to variably compress zones of the at least one flexible foam layer to vary stiffness of the zones. Paragraph [0016] The plurality of drive units comprise micro-actuators including coiled heat-actuating elongate members. The coiled heat-actuating elongate members comprise anisotropic thermal expansion such that they include a length-direction thermal expansion coefficient that is greater than their cross-sectional thermal expansion coefficient. The coiled heat-actuating elongate members are configured to selectively and reversibly vary their lengths, and thereby variably compress the at least one foam layer in the thickness direction, to vary the stiffness of the at least one cushion layer. [00108] In some embodiments, the elongate member 30 of the drive unit 26 may comprise more than one wire coils. The more than one wire coils may be made of same or different materials, such that the more than one wire coils may have same or different thermal expansion coefficients. In response to different stiffness variations of the at least one cushion layer 20, the more than one wire coils may be heated or cooled simultaneously or separately with same or different electrical currents. [0025] In some embodiments, the coiled heat-actuating elongate members are configured to reversibly decrease in length by at least 4% when heated to 110 °C. In some embodiments, the coiled heat-actuating elongate members are configured to reversibly vary in length along the thickness direction by at least 30% when the temperature thereof is varied by about 30 degrees F. Note also [00127], and [[0097] – [0099] teach the heat activated member 26 are fixed to a base member and have a free end that pushes the plate 24 against the mattress to adjust mattress firmness.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Griffith et al. a heat activated size changing component as taught by SMIDERLE et al. to provide an improved body support system with variable stiffness and as a simple substitution of one known element for another to obtain predictable results. Both air chamber actuated systems as taught by Griffith et al. as well as heat activated systems as taught by SMIDERLE et al. are known for adjusting the mattress firmness and one of ordinary skill in the art would have found it obvious to substitute the heat activated system of SMIDERLE et al. for the air chamber system of Griffith et al. with a reasonable expectation for yielding a functioning adjustable sleeping structure where the firmness of the mattress can be set as needed.
Claim(s) 6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Griffith et al(US 20210204716) hereinafter Griffith et al. in view of ZHANG( CN 108669911) hereinafter ZHANG.
Griffith et al. teaches the claimed invention as set forth above including a plurality of size changing components to adjust the firmness of the mattress.
Regarding claims 6 and 19, Griffith et al. does not specifically wherein the size-changing component is spherical.
ZHANG teaches a mattress capable of adjusting height. Specifically, a mattress capable of adjusting height, comprising a stable frame, stable frame is provided with multiple balance bracket, balance bracket of the two end are connected with a deformable air bag between the stabilizing framework; the equalizing frame far away from one side of the stabilizing framework provided with multiple rows of air bag bed core, the other side of several rows of air bag bed core is provided with a pad layer bed core, each row of air bag bed core comprises several mutually connected bed core bag; deformable air bag and the air bag bed core are connected with a gas flow control mechanism, each of the air flow control mechanism are all electrically connected with a control system; air bag bed core is installed with control system of air pressure sensor, an air pressure sensor with the same circuit is electrically connected. The bed-core air bag 41 is sphere-shaped. Note figure 1.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Griffith et al. a spherical size changing component as taught by ZHANG to provide an improved body support system with variable stiffness and as a simple substitution of one known element for another to obtain predictable results. Both air chamber actuated systems as taught by Griffith et al. as well as the spherical air-bag systems as taught by ZHANG are known for adjusting the mattress firmness and one of ordinary skill in the art would have found it obvious to substitute the spherical air-bag system of ZHANG for the air chamber system of Griffith et al. with a reasonable expectation for yielding a functioning adjustable sleeping structure where the firmness of the mattress can be set as needed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sayadi et al.( US 20210022667) teaches an adjustable bed system in which pressure sensor is configured to generate pressure readings from a user that is sleeping on a bladder. A client unit is configured to receive the pressure readings from the pressure sensor for a plurality of night's sleep for the user and transmit sleep-data to a cloud unit that is geographically remote from the client unit. A cloud unit is configured to receive the sleep-data, generate report-data from the sleep data; and generate sleep-reports for the user, each report corresponding to at least one different night's sleep of the user.
WARING(WO 2023283185) teaches devices, systems, and methods for enhancing a user's sleep. A flexible frame supports a flow manifold which can be used in unison with adjoined or adjacently integrated supportive members utilized to create soft objects of various designs and materials. These types of objects can be in the form of a pillow, mattress topper, even a child's stuff animal and other various stationary and portable soft sided padded embodiments as disclosed in this application. These various designs and embodiments house an integrated flow delivery system which is delivers concentrated, pressurized, and or altered gaseous flowing elements in a controlled and fluidic manner as to help address certain types of sleeping and breathing issues during their resting and sleep states.
DONG et al.( CN 209726382) teaches an air adjusting device (2), a breathing device (1), a system control unit (21); gas unit (11) wherein the breathing device (1) is provided with a vertical or inclined to the horizontal plane direction is distributed with inner cavity (110) which can be suction-air output region (112) can suck gas output by the air conditioning device (2) of the outer sealed into the cavity of the gas unit (110) can suck gas from the gas unit inner side surface (111) across the air flow out, its feature is that the isolation gas output region (114) in the conveying unit side (111) capable of sucking the air output area (112) is set around the air flow not through respiratory tract opening and or body surface of a user. Note figure 11.
Rao(US 10820728) teaches an electronically controllable pillow is thermally regulated. At least one temperature sensor is configured to communicate temperature measurements. Temperature measurements comprise the internal temperature of a pillow. Temperature measurements are communicated to a processing unit. At least one presence sensor is configured to communicate presence measurements. Presence measurements are configured to indicate the presence of a user employing a pillow. Presence measurements are communicated to a processing unit. At least one transceiver is connected to a processing unit. A transceiver is configured to communicate with at least one remote device. At least one thermal element is activated, based at least in part on, temperature measurements and presence measurements over at least one period of time. (75) Some of the various embodiments may include a pillow height adjuster (e.g. 180, 280, 380). The pillow height adjuster (e.g. 180, 280, 380) may, for example, be electronically controllable.
YANG(CN 207950065) teaches a bedsore-based dielectric elastomer, is arranged on the same plane or curved surface and a plurality of driver combination control module control the formation of each driver is capable of independent action, each driver can realize movable in at least three degrees of freedom. the driver is made of the dielectric elastic material, a driver connected to the control module through the conductive material. driver comprises a frame, an elastic film, a first flexible electrode and the second flexible electrode, the third flexible anode, fourth flexible flexible anode, cathode, elastic film edge is fixed on the frame, the first flexible electrode and the second flexible electrode, the third flexible anode and the fourth flexible anode adhered to the first surface of the elastic film, the flexible cathode adhered to the elastic film second surface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
