1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. This communication is a first office action, non-final rejection on the merits. Claims 1-28, as originally filed, are currently pending and have been considered below..
Priority
3. Applicant's claim for domestic priority under 35 U.S.C. 119(e) is acknowledged. The application is filed on 06/12/25 but claims the benefit of
U.S. Patent Application Serial No. 17225487, fled on Apr 08, 2021, which is a continuation application of U.S. Patent Application Serial No. 17/526074, fled on April 08, 2021, which is a continuation application of U.S. Patent Application Serial No. 16/148,376, fled on October 1, 20718, which is a continuation application of U.S. Patent Application Serial No. 15/602,969, filed on May 23, 2017 and US continuation 14/732624 filed on 2015/06/05 and U.S. provisional application number 62/008480 filed on 2014/06/05 and 62/024945 filed on 2014/07/15 and 62/159177 filed on 2015/05/08 and 62/161 142 filed on 2015/05/13
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 02/28/2025 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Double Patenting
5. Claims 1-28 rejected on the ground of nonstatutory double patenting over claims 1-30 of U.S. Patent No. 12370339 B2 and 1-20 of U.S. Patent No. 10792461 B2 and 1-25 of U.S. Patent No. 9981107 B2 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim Rejections - 35 USC § 103
6. 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 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 of this title, 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.
7. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
8. 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.
9. Claims 1-28 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rawls-Meehan (US 2012/0119886 A1) (hereinafter Rawls-Meehan) in view of Petrovski (US 20110115635 A1) (hereinafter Petrovski).
Regarding claim 1, Rawls-Meehan discloses a system comprising:
a temperature control device, wherein at least a portion of the temperature control device is disposed in a zone of a bed device (para 168, sensor layer 108 include plurality of sensors of various types, sensors electrical sensors, bio- sensors, and so on, sensors associated with mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 407, user able to control vibration mode of multiple massage motors; the mode include vibration setting for a particular bed section), and
a user sensor that is part of the bed device, wherein the user sensor is configured to detect a biological signal of a user of the bed device (para 423, monitor its health conditions using a plurality of medical devices, for example, Electrocardiogram, glucose meter, pulse oximeter, and the like, para 415, sensor 1810 to control the zoned climate control system 164 or a heating device);
an environment sensor operatively coupled to the bed device, wherein the environment sensor is configured to detect an environment property associated with the bed device zone (para 394, diagnostic information used in assessing health of the adjustable bed facility 102, such as how well, para 276, the zone climate control system 162 may heat or cool the zones of the bed, circulate air to heat or cool a zone); and
a processor operatively coupled to the temperature control device, the user sensor, and the environment sensor (para 168, sensor layer 108 include plurality of sensors of various types, sensors electrical sensors, bio- sensors, and so on, sensors associated with mattress such that sleeping, para 388, motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture),
wherein the processor is programmed to: (a) direct the user sensor to detect the biological signal of the user at a current time (para 423, monitor its health conditions using a plurality of medical devices, para 400, sensor 1708 generate instructions/control signals to control frame position 1724);
(b) identify a sleep phase at the current time (current sleep phase) from a plurality of sleep phases associated with the user based on the biological signal of the user, and retrieve a historical environment property associated with the current sleep phase from a database associated with the bed device, wherein the historical environment property is stored in the database from a prior sleep of the user (para 423, measure blood pressure and heart rate of the user, monitor health conditions by glucose meter, pulse oximeter, and the like, para 388, motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture);
(c) direct the environment sensor to detect the environment property at the current time (current environment property) (para 388, any of the types of sensors described herein, such as motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture);
(d) compare the current environment property and the historical environment property (para 333, users may sleep in a single environment controlled by the zone climate control system 162, para 281, adjustable bed facility 102 may be used by users that may have limited mobility, are restricted to bed rest, require a non-flat sleeping position, and the like).
Rawls -Meehan fails to disclose wherein the temperature control device is configured to change a temperature of the zone;
(e) upon determining that the current environment property is different from the historical environment property, directing the temperature control device to change the temperature of the zone of the bed device.
In analogous art, Petrovski discloses the temperature control device is configured to change a temperature of the zone (Abstract, setting or mode selected by an occupant using the at least one input device, and the temperature detected by the first temperature sensor, para 07, controlled bed comprises at one additional climate zone (e.g., third, fourth, etc.), subzones configured to be operated differently from each other, FIG. 4B controlled bed having subzones within separate climate zones, para 89, control one, two or climate zones generally located along one side (e.g., left side L, right side R, etc.) or any other region of the bed assembly 10); and
(e) upon determining that the current environment property is different from the historical environment property, directing the temperature control device to change the temperature of the zone of the bed device (para 06, input device is configured to receive instructions from an occupant regarding the desired climate controlled setting or mode. In some embodiments, the bed further includes one or more first temperature sensors configured to detect a first temperature associated with the first climate zone of the bed, para 26, control module configured to regulate the operation of the modules associated with the first and second climate zones, para 72, FIG. 1, two of climate zones 11A, 11C are positioned along left side L of the bed 10, whereas two of the climate zones11B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to improve user's sleep based on personal sleep data and controlling rates of the simulated breathing, heartbeat to induce, maintain sleep [Petrovski, Abstract].
Regarding claim 2, Rawls-Meehan discloses the system of claim 1, wherein the historical environment property is an average historical environment property associated with the bed device (para 43, controlling the adjustable bed as result of events, states or attributes of the environment of the adjustable bed, para 338, determined bed position, an adjustable bed facility 102 historical setting, or the like, para 392, control 118, download usage history of the remote control 118, and the like, para 395, detect general usage history information that may be useful in investigating).
Regarding claim 3, Rawls-Meehan discloses the system of claim 2, wherein the average historical environment property associated with the bed device is calculated by averaging historical environment property data associated with the bed device over a period of time (para 392, control 118, download usage history of the remote control 118, and the like, para 395, detect general usage history information, para 339, user may like to adjust the frame position from time to time to feel comfortable, para 81, control signal when touched for a predetermined period of time).
Regarding claim 4, Rawls-Meehan discloses the system of claim 3, wherein the period of time comprises one week (para 159, control of other devices within the room to limit the number of times the user must get up and adjust the devices, para 388, adjusting comfort-based factors based on state detection (adjusting position, vibration, temperature, volume, content or the like based on detection of user's presence; adjusting some component based on time of day), and many others).
Regarding claim 5, Rawls-Meehan discloses the system of claim 1, wherein the processor is programmed to direct the temperature control device to change the temperature of the zone when there is a mismatch between (i) the environment property and (ii) the historical environment property (para 168, sensors may be associated with the mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 276, users may sleep in different environments or two users may sleep in a single environment controlled by the zone climate control system 162)..
Regarding claim 6, Rawls-Meehan discloses the system of claim 5, wherein the processor further generates a notification to a user device when there is the mismatch between (i) the environment property and (ii) the historical environment property (para 168, sensors may be associated with the mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 276, different users sleep in different environments or two users sleep in a single environment controlled by the zone).
Regarding claim 7, Rawls-Meehan discloses the system of claim 1, wherein the processor is programmed to access a historical environmental property profile associated with the bed device from a database, to retrieve the historical environment property from the historical environmental property profile (para 391, control 118 provide data interface to enable internet browsing and program processing capabilities within the remote control 152, para 292, data interface provide for a programming interface to setup or change functions of remote control 118, para 338, adjustable bed facility 102 user preferred settings to a plurality of memory locations that used to maintain user determined bed position, adjustable bed facility 102 historical setting, or the like).
Regarding claim 8, Rawls-Meehan discloses the system of claim 7, wherein the historical environmental property comprises a plurality of environmental property values, wherein each environmental property value of the plurality corresponds to a different sleep phase of a plurality of sleep phases associated with the user of the bed device (para 388, adjustable bed facility 102, such as state information about on/off condition, operational levels such as volume control, temperature control, and the like, state information about users, state information about the environmental, state information).
Regarding claim 9, Rawls-Meehan discloses the system of claim 1, wherein the environment property is selected from the group consisting of humidity, temperature, and light (para 388, adjusting entertainment content in response to a state (turning off system or turning down volume upon detecting snoring, turning down lights on detecting sleep, detecting presence of user), adjusting comfort-based factors based on state detection (adjusting position, temperature, volume, content or the like based on detection of user's presence, para 339, provide information relating to temperature, humidity, weather, and contact personnel's lists, to-do lists, navigating maps or the like).
Regarding claim 10, Rawls-Meehan discloses the system of claim 1, wherein the environment property and the processor are coupled via a computer bus (para 70, The transmitter may be electrically coupled to a processor that receive input from the touch sensor, for communication control signals to the adjustable bed in accordance with the input received from the touch sensor, [0234] controller 150 provide an interface to permit software application updates to controller memory; controller memory over written. system providing software application upgrades to adjustable bed facility 102).
Regarding claim 11, Rawls-Meehan discloses the system of claim 1, wherein the temperature control device is disposed within the zone (para 388, control facility for the adjustable bed facility 102, such as state information about on/off condition, operational levels such as volume control, temperature control, and the like, state information about users, state information about the environment).
Regarding claim 12, Rawls-Meehan discloses the system of claim 1, wherein the historical environment property comprises a plurality of different temperature settings of the bed device for a plurality of different time points (para 388, control facility for the adjustable bed facility 102, state information about on/off condition, operational levels such as volume control, temperature control, and the like, state information about users, state information about the environment).
Regarding claim 13, Rawls-Meehan discloses the system of claim 1, wherein the user sensor detects a biological signal of the user when the user is on top of the bed device, wherein the user sensor and the environment sensor are disposed at different positions with respect to the bed device (para 405, many different adjustable bed 1720 frame positions, which the user may change based on his requirements, para 123, FIG. 2 shows an embodiment of two methods of maintaining user memory for storing user preferred adjustable bed positions, para 333, zone climate control system 162 may be any type of device or facility that may be capable of controlling the environment within one or more zones of the adjustable bed facility 102).
Regarding claim 14, Rawls-Meehan discloses the system of claim 1, wherein, in (d), the processor is programmed to, upon determining that the current environment property is less than the historical environment property, directing the temperature control device to increase the temperature of the zone of the bed device (para 388, adjustable bed facility 102, such as state information about on/off condition, operational levels such as volume control, temperature control, and the like, state information about users, state information about the environment, state information).
Regarding claim 15, Rawls-Meehan discloses a method (para 168, sensor layer 108 include plurality of sensors of various types, sensors electrical sensors, bio- sensors, and so on, sensors associated with mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 407, user able to control vibration mode of the multiple massage motors; the mode may include vibration setting for a particular bed section) comprising:
(a) detecting, by an environment sensor operatively coupled to a bed device, an environment property associated with the bed device at a current time (current environment property) (para 388, any of the types of sensors described herein, such as motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture);
(b) detecting, by a user sensor that is part of the bed device, a biological signal of a user of the bed device (para 394, diagnostic information used in assessing health of the adjustable bed facility 102, such as how well, para 276, the zone climate control system 162 may heat or cool the zones of the bed, circulate air to heat or cool a zone);
(c) identifying, by a processor, a sleep phase at the current time (current sleep phase) from a plurality of sleep phases associated with the user based on the biological signal of the user (para 423, measure blood pressure and heart rate of the user, monitor health conditions by glucose meter, pulse oximeter, and the like, para 388, motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture),
(d) retrieving, by the processor, a historical environment property associated with the current sleep phase from a database associated with the bed device, wherein the historical environment property is stored in the database from a prior sleep of the user (para 423, measure blood pressure and heart rate of the user, monitor health conditions by glucose meter, pulse oximeter, and the like, para 388, motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture);
(e) comparing the current environment property and the historical environment property (para 333, users may sleep in a single environment controlled by the zone climate control system 162, para 281, adjustable bed facility 102 may be used by users that may have limited mobility, are restricted to bed rest, require a non-flat sleeping position, and the like).
In analogous art, Petrovski discloses (f) upon determining that the current environmental property is different from the historical environment property, directing the temperature control device to change the temperature of a zone of the bed device (para 06, input device is configured to receive instructions from an occupant regarding the desired climate controlled setting or mode. In some embodiments, the bed further includes one or more first temperature sensors configured to detect a first temperature associated with the first climate zone of the bed, para 26, control module configured to regulate the operation of the modules associated with the first and second climate zones, para 72, FIG. 1, two of climate zones 11A, 11C are positioned along left side L of the bed 10, whereas two of the climate zones11B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to improve user's sleep based on personal sleep data and controlling rates of the simulated breathing, heartbeat to induce, maintain sleep [Petrovski, Abstract].
Regarding claim 16, Rawls-Meehan discloses the method of claim 15, wherein the historical environment property is an average historical environment property associated with the bed device (para 43, controlling the adjustable bed as result of events, states or attributes of the environment of the adjustable bed, para 338, determined bed position, an adjustable bed facility 102 historical setting, or the like, para 392, control 118, download usage history of the remote control 118, and the like, para 395, detect general usage history information that may be useful in investigating).
Regarding claim 17, Rawls-Meehan discloses the method of claim 16, further comprising calculating the average historical environment property by averaging historical environment property data associated with the bed device over a period of time (para 392, control 118, download usage history of the remote control 118, and the like, para 395, detect general usage history information, para 339, user like to adjust frame position from time to time to feel comfortable, para 81, control signal when touched for a predetermined period of time).
Regarding claim 18, Rawls-Meehan discloses the method of claim 17, wherein the period of time comprises one week (para 159, control of other devices within the room to limit the number of times the user must get up and adjust the devices, para 388, adjusting comfort-based factors based on state detection (adjusting position, vibration, temperature, volume, content or the like based on detection of user's presence; adjusting some component based on time of day), and many others).
Regarding claim 19, Rawls-Meehan discloses the method of claim 15, comprising directing, by the processor, the temperature control device to change the temperature of the zone when there is a mismatch between (i) the environment property and (ii) the historical environment property (para 168, sensors associated with mattress such that sleeping, resting, sitting, and other user conditions assessed, para 276, different users sleep in different environments or two users sleep in a single environment controlled by the zone).
Regarding claim 20, Rawls-Meehan discloses the method of claim 19, further comprising generating a notification to a user device when there is the mismatch between (i) the environment property and (ii) the historical environment property para 168, sensors may be associated with the mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 276, different users sleep in different environments or two users sleep in a single environment controlled by the zone).
Regarding claim 21, Rawls-Meehan discloses the method of claim 15, comprising accessing, by the processor, a historical environmental property profile associated with the bed device from a database, to retrieve the historical environment property from the historical environmental property profile (para 391, control 118 provide data interface to enable internet browsing and program processing capabilities within the remote control 152, para 292, data interface provide for programming interface to setup or change functions of remote control 118, para 338, adjustable bed facility 102 user preferred settings to a plurality of memory locations that used to maintain user determined bed position, adjustable bed facility 102 historical setting, or the like).
Regarding claim 22, Rawls-Meehan discloses the method of claim 21, wherein the historical environmental property comprises a plurality of environmental property values, wherein each environmental property value of the plurality corresponds to a different sleep phase of a plurality of sleep phases associated with the user of the bed device (para 388, adjustable bed facility 102, such as state information about on/off condition, operational levels such as volume control, temperature control, and the like, state information about users, state information about environmental, state information).
Regarding claim 23, Rawls-Meehan discloses the method of claim 15, wherein the environment property is selected from the group consisting of humidity, temperature, and light (para 388, adjusting entertainment content in response to a state (turning off the system or turning down volume upon detecting snoring, turning down the lights on detecting sleep, detecting presence of user), adjusting comfort-based factors based on state detection (adjusting position, temperature, volume, content or the like based on detection of user's presence, para 339, provide information relating to temperature, humidity, weather information, to-do lists, navigating maps or the like).
Regarding claim 24, Rawls-Meehan discloses the method of claim 15, wherein the environment property and the processor are coupled via a computer bus (para 70, The transmitter may be electrically coupled to a processor that receive input from the touch sensor, for communication control signals to the adjustable bed in accordance with the input received from the touch sensor, [0234] controller 150 provide an interface to permit software application updates to controller memory; controller memory over written. system providing software application upgrades to adjustable bed facility 102).
Regarding claim 25, Rawls-Meehan discloses the method of claim 15, wherein the temperature control device is disposed within the zone (para 388, control facility for the adjustable bed facility 102, such as state information about on/off condition, operational levels such as volume control, temperature control, and the like, state information about users, state information about the environment).
Regarding claim 26, Rawls-Meehan discloses the method of claim 15, wherein the historical environment property comprises a plurality of different temperature settings of the bed device for a plurality of different time points (para 388, control facility for the adjustable bed facility 102, state information about on/off condition, operational levels such as volume control, temperature control, and the like, state information about users, state information about the environment).
Regarding claim 27, Rawls-Meehan discloses the method of claim 15, wherein the user sensor detects a biological signal of the user when the user is on top of the bed device, wherein the user sensor and the environment sensor are disposed at different positions with respect to the bed device (para 405, many different adjustable bed 1720 frame positions, which the user may change based on his requirements, para 123, FIG. 2 shows an embodiment of two methods of maintaining user memory for storing user preferred adjustable bed positions, para 333, zone climate control system 162 may be any type of device or facility that is capable of controlling the environment within one or more zones of the adjustable bed facility 102).
Regarding claim 28, Rawls-Meehan discloses the method of claim 15, wherein the step of (f) comprises, upon determining that the current environmental property is less than the historical environment property, directing the temperature control device to increase the temperature of the zone of the bed device (para 388, adjustable bed facility 102, such as state information about on/off condition, operational levels such as volume control, temperature control, and the like, state information about users, state information about the environment, state information).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRZA F ALAM/ Primary Examiner, Art Unit 2689
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