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 .
Status of the Application
Claims 8-12 have been examined in this application. Claims 1-7 are withdrawn based on Applicant’s election of Invention II in the response dated 3/20/2026. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 7/5/2024 has been acknowledged by the Office.
Election/Restrictions
Applicant’s election without traverse of Invention II (Claims 8-12) in the reply filed on 3/20/2026 is acknowledged.
Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/20/2026.
Claim Objections
Claim 8 is objected to because of the following informalities: Claim 8 recites “duration control” which should likely be amended to “a duration control” for better primary antecedent basis. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: Claim 9 recites various formulas (formulae) in which the variables and equations contain difficult to read text and/or inline images as reproduced below. The portions in boxes below are in particular of poor quality and difficult to read. Appropriate correction is required.
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Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 raises the issue of indefiniteness under 35 U.S.C. 112(b) in that the claim appears to be a single claim which claims both an apparatus and method steps of using the apparatus. See MPEP 2173.05(p), Section II: A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. It appears that claim 8 has been drafted (statutorily) be a method claim, however, the body of the claim does not specifically outline steps (e.g. “-ing” verbs) that comprise the overall method being claimed.
Further, claim 8, in several locations, is written in very narrative format. For example: “…that is a pressure ulcer critical pressure at which a pressure ulcer is likely to occur, just before the specific raising and lowering link module with a pressure having come close to the pressure ulcer critical pressure reaches the pressure ulcer critical pressure, not only movements are stopped for a preset certain residence time after lowering only the specific raising and lowering link module with the pressure having come close to the pressure ulcer critical pressure from an initial first vertical position…” The examiner respectfully requests clarification or amendments to place claim 8 in better format with respect to US practice.
The term “having come close to the pressure ulcer critical pressure” in claim 8 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is subjective and unclear what value would be considered “close” to the pressure ulcer critical pressure (32 mmHg as defined by the claim itself).
Claims 9-12 are additionally rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent upon a rejected base claim (claim 8).
Any determinations of Allowable Subject Matter outlined below are made with respect to a best understanding of Applicant’s claims notwithstanding the rejections presented above.
Allowable Subject Matter
Claim(s) 8-12 are rejected under 35 U.S.C. 112(b) and objected to as noted in detail above, but would otherwise be allowable in view of the closest art of record if amendments are provided which may obviate the rejections under 35 U.S.C 112(b) and claim objections as noted above.
Regarding independent claim 8, the closest art of record, KR 102076161, teaches a patient bed including a rotatable mat unit 300 pivotally mounted above a lateral base frame support 100/130 via connecting members 220, which broadly forms a raising/lowering parallelogram link similar to the requirement of claim 8. The reference also teaches a driving unit 210 which may read on the claimed “servo motor.” KR 102076161, however, is silent to the further inclusion of body pressure sensors, a motion control unit connected to the servo motor via wired and wireless communication. KR 102076161 is further silent with respect to the specific method of raising/lowering its link modules to specific independent vertical positions based on sensed pressure and reaching a critical ulcer pressure as required by claim 8.
European Patent Application 0374742 A1 to Di Blasi, considered to be the second closest reference to the claimed invention, teaches a keyboard-form resting surface having a series of transversely adjacent raising/lower elements controlled by motor operated parallelogram system 270 (see Fig. 5-6). However, De Blasi, does not teach the specific method of raising each link structure independently to specific heights based on sensed body pressure information as required by claim 8.
U.S. Patent 2,790,440 and U.S. Patent 2906259, both to Adair, teach a variable pressure cushion system for a bed, however, neither teaches nor fairly suggests a parallelogram link structure nor the specific method of raising each link structure independently to specific heights as required by claim 8.
GB Patent Application 2015872A (Girgis), teaches an anti-sore bed with a plurality of adjustable segments that are movable with respect one another and actuated by a crank handle. However, Girgis does not teach a parallelogram link structure nor the method of raising each link structure independently to specific heights as required by claim 8.
JP Patent 2003-24407 to Makino teaches a stretcher including a waist stretching portion having a parallelogram link (see Figs. 12-14), however, it does not have a plurality of links in parallel along the longitudinal surface of the bed. Further Makino is silent to the method of raising each link structure independently to specific heights as required by claim 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited patents show beds and body support devices with similar properties to the claimed invention. They show the general state of the art and are of general relevance with respect to the claimed subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R HARE whose telephone number is (571)272-4420. The examiner can normally be reached MON-FRI 8:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sincerely,
/DAVID R HARE/Primary Examiner, Art Unit 3673
4/1/2026