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 .
DETAILED ACTION
Claims 1-20 are presented for examination.
Double Patenting
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12029324. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim similar invention of an adaptive sleep system using data analytics and learning techniques to improve individual sleep conditions and the current application claims the invention broadly. A comparison between the independent claim 1 of the US Patent 12029324 and the independent claim of the current application is provided below for an example.
US Patent 12029324
Current Application 18/750768
Claim 1. A bed system, comprising:
a sleep surface;
a plurality of sensors for providing indications of pressure information for a first plurality of different zones locations of the sleep surface and sleep stage information of a user;
a plurality of actuators to adjust pressures for a second the plurality of different zones locations of the sleep surface; and
a first controller configured to receive the indications of pressure information and to command the plurality of actuators to adjust the pressures to desired pressures based on the indications of pressure information and a sleep therapy profile for the user on the sleep surface, the sleep therapy profile specifying the desired pressures;
the first controller connected to a remote server over a network and configured to send the pressure information and sleep stage information of the user to the remote server; and
the first controller configured to receive a new sleep therapy profile over the network from a remote server, the new profile, including new desired pressures, being determined by the remote server based on past information and sleep therapy profiles from the first controller and from a plurality of other controllers associated with other sleep surfaces.
Claim 1. A bed system, comprising:
a sleep surface;
a plurality of sensors for providing indications of pressure for a first plurality of different locations of the sleep surface;
a plurality of actuators to adjust pressures for a second plurality of different locations of the sleep surface; and
a controller configured to receive the indications of pressure and to command the plurality of actuators to adjust the pressures based the indications of pressures and a relationships between indications of pressure and desired pressures.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 10561253. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim similar invention of an adaptive sleep system using data analytics and learning techniques to improve individual sleep conditions and the current application claims the invention broadly. A comparison between the independent claim 1 of the US Patent 10561253 and the independent claim of the current application is provided below for an example.
US Patent 10561253
Current Application 18/750768
Claim 3. A method, performed by at least one processor, for assisting in adjusting an environment of a user sleep platform, comprising:
measuring indications of pressure over time for a plurality of locations of the sleep surface;
comparing the indications of pressure to at least one reference data pattern for indications of pressure for the plurality of locations of the sleep surface;
commanding adjustments for pressure for portions of the sleep surface based on results of the comparison and pressure control information for the user sleep platform;
measuring sleep quality of the user using the sleep platform environment; comparing information from the user sleep platform with information from a plurality of different sleep platforms, the information from the plurality of different sleep platforms including measured sleep quality of users and pressure control information for each of the sleep platforms;
selecting pressure control information of the plurality of different sleep platforms based on a best sleep quality measurement;
updating the pressure control information for the user sleep platform based on the selected pressure control information.
Claim 17. A method for adjusting a sleep surface of a bed, comprising:
measuring indications of pressure for a plurality of locations of the sleep surface;
comparing the indications of pressure to at least one reference data pattern for indications of pressure for the plurality of locations of the sleep surface;
commanding adjustment of pressure for portions of the sleep surface based on results of the comparison.
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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krenik (US Pub. 2015/0351982).
As per claim 1, Krenik discloses a bed system, comprising:
a sleep surface [Abstract; Fig. 1A-1D; para 0009; a bed system];
a plurality of sensors for providing indications of pressure for a first plurality of different locations of the sleep surface [Abstract; Fig. 1B-1D; para 0009, 0048, 0051, 0067; a plurality of pressor sensors indicating of pressure for a plurality of different locations of the sleep surface];
a plurality of actuators to adjust pressures for a second plurality of different locations of the sleep surface [Abstract; Fig. 1B-1D, 8; para 0009, 0048, 0061, 0136; “to determine adjustments for struts 814; and to power and control motors, actuators, and other elements that may be present in some embodiments may be contained in a single controller 826 as shown in Fig. 8”]; and
a controller configured to receive the indications of pressure and to command the plurality of actuators to adjust the pressures based the indications of pressures and a relationships between indications of pressure and desired pressures [Abstract; Fig. 1B-1D, 8; para 0009, 0048, 0051, 0061, 0136; clearly a controller receives information from multiple sensors and determine how to benefit the comfort, sleep, and/or health of a bed occupant by adjusting the sleeping surface by commanding a plurality of actuators to adjust the pressures at different locations as desired].
As per claim 17, Krenik discloses a method for adjusting a sleep surface of a bed, comprising:
measuring indications of pressure for a plurality of locations of the sleep surface [Fig. 1B-1D; para 0009, 0048, 0051, 0067; a plurality of pressure sensors indicating of pressure for a first plurality of different locations of the sleep surface];
comparing the indications of pressure to at least one reference data pattern for indications of pressure for the plurality of locations of the sleep surface [Fig. 3A-3B; para 0009, 0048, 0051, 0067, 0070, 0077-0079, 0116; comparison of the pressure reading; pressure profile; sleeping patterns];
commanding adjustment of pressure for portions of the sleep surface based on results of the comparison [Fig. 1B-1D, 8; para 0009, 0048, 0051, 0067, 0136; clearly a controller receives information from multiple sensors and determines how to benefit the comfort, sleep, and/or health of a bed occupant by adjusting the sleeping surface by commanding a plurality of actuators to adjust the pressures of different locations as desired].
As per claim 2, Krenik discloses wherein the relationships between indications of pressure and desired pressures includes a plurality of collections of relationships between indications of pressure and desired pressures [Fig. 3A, 3B, 6A-6C; para 0068-0069, 0077-0079, 0082, 0130, 0136; controller is configured to adjust the pressures based on received pressure information and relative to a desired level of softness and/or desired surface shape].
As per claim 3, Krenik discloses wherein the controller is further configured to select a particular one of the plurality of collections of relationships based on a sleep position of the user, for use in commanding the plurality of actuators to adjust the pressures [Fig. 3A-3B, 6A-6C; para 0068-0069, 0077-0079, 0082, 0130, 0136; controller is configured to adjust the pressure based on received pressure information and relative to a desired level of softness and/or desired surface shape].
As per claim 4, Krenik discloses wherein the controller is further configured to determine a sleep position of a user on the sleep surface based on the indications of pressure and at least one reference data pattern for the sleep position [Fig. 3A-3B; para 0048, 0067, 0116; sleeping patterns].
As per claim 5, Krenik discloses wherein the controller is further configured to select a particular one of the plurality of collections of relationships based on the determined sleep position of the user, for use in commanding the plurality of actuators to adjust the pressures [Fig. 3A-3B, 6A-6C; para 0068-0069, 0077-0079, 0082, 0130, 0136; controller is configured to adjust the pressure based on received pressure information and relative to a desired level of softness and/or desired surface shape].
As per claim 6, Krenik discloses wherein the controller is further configured to determine a sleep stage of a user on the sleep surface [Fig. 3A-3B, 6A-6C; para 0048; claim 9; physical information].
As per claim 7, Krenik discloses wherein the controller is further configured to select a particular one of the plurality of collections of relationships based on the determined sleep stage of the user, for use in commanding the plurality of actuators to adjust the pressures [Fig. 3A-3B, 6A-6C; para 0068-0069, 0077-0079, 0082, 0130, 0136; controller is configured to adjust the pressure based on received pressure information and relative to a desired level of softness and/or desired surface shape].
As per claim 8, Krenik discloses wherein the controller is configured to determine the sleep stage of the user based on the indications of pressure [Fig. 3A-3B, 6A-6C; para 0048; claim 9; physical information].
As per claim 9, Krenik discloses further comprising additional sensors and wherein the controller is configured to determine the sleep stage of the user based on indications from the additional sensors [para 0048; claim 9; physical information].
As per claim 10, Krenik discloses wherein the controller is further configured to command transmission of the indications of pressure to a remote computer and to receive changes to the relationships between indications of pressure and desired pressures [para 0079, 0118; claim 10; the controller is configured for communicating and receiving data from at least one external data source].
As per claim 11, Krenik discloses wherein the first plurality of locations and the second plurality of locations are the same locations [Fig. 1B-1D, 3A-3B, 6A-6C].
As per claim 12, Krenik discloses wherein the first plurality of locations and the second plurality of locations are different locations [Fig. 1B-1D, 3A-3B, 6A-6C].
As per claim 13, Krenik discloses wherein the indications of pressure are for localized areas of the sleep surface [Fig. 1B-1D, 3A-3B, 6A-6C, 2A; para 0048, 0062, 0067; pressure sensors].
As per claim 14, Krenik discloses wherein the plurality of actuators comprise air springs [Fig. 2A; para 0045, 0062, 0065; springs].
As per claim 15, Krenik discloses wherein the plurality of actuators comprise a plurality of arrays of actuators [para 0136; actuators].
As per claim 16, Krenik discloses wherein actuators of a particular array of actuators are commonly controlled [para 0066, 0136; actuators are controlled by the controller 826].
As per claim 18, further comprising selecting the at least one reference data pattern from a plurality of reference data patterns [Fig. 3A-3B, 6A-6C; para 0048, 0067, 0116; pressure profile; sleeping patterns].
As per claim 19, Krenik discloses further comprising determining the sleep position of the user using the sleep surface [Fig. 3A-3B; para 0048, 0067, 0116; sleeping patterns].
As per claim 20, Krenik discloses wherein the at least one reference data pattern is selected based on a sleep position of a user using the sleep surface [Fig. 3A-3B; para 0048, 0067, 0116; sleeping patterns; Fig. 3A-3B, 6A-6C; para 0068-0069, 0077-0079, 0082, 0130, 0136; controller is configured to adjust the pressure based on received pressure information and relative to a desired level of softness and/or desired surface shape].
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
B. US-20160242561 discloses smart beds comprising a number of systems for adjustment of the sleep surface, articulation, firmness, and temperature control, either manually by the user or automatically in response to certain conditions (such as triggering an adjustment of the sleep surface in response to a detection of snoring or sleep apnea).
C. US-20070239370 discloses a system relating to adjustable bedding, and more particularly, to an apparatus for providing a highly adjustable automated sleep system.
D. US-20260114633 discloses an air mattress adjustment method includes adjusting the air mattress to a received user pressure setting, learning a level of pressure in the air mattress at a first plurality of times with respect to the user pressure setting, monitoring the level of pressure in the air mattress at a second plurality of times, determining that the pressure of the air mattress at one of the second plurality of times is out of range, and based on the determining, adjusting the pressure of the air mattress.
E. US-20170007032 discloses an adaptive sleeping system which makes it possible to actively and/or passively adjust the resilient capacity to the anatomy and/or position of the user.
F. US-20150290059 discloses an articulable sleep system has a first head section, a second head section, and a joined leg section that are each separable articulable.
G. US-20160242562 discloses a mattress can include one or more layers of foam material, an adjustable air layer including an air bladder, and a valve. The valve can be fluidically connected to the air bladder and configured to regulate pressure of the air bladder in response to actuation. Some embodiments can include a foam material positioned inside the air bladder.
N. WO-2014151854 discloses a method and system may include transmitting a signal to a pump of an air mattress to set the pressure of the air mattress to an initial pressure; receiving, at a central controller, a user preference condition for an automatic adjustment of the pressure in the air mattress.
O. WO-2016171695 discloses systems and methods for providing a mattress assembly having an adaptable and adjustable sleep surface.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURESH K SURYAWANSHI whose telephone number is (571)272-3668. The examiner can normally be reached M-F 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at 5712729774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SURESH SURYAWANSHI/Primary Examiner, Art Unit 2116
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