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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 20-26, 28-30, 33-35, 37, and 40-52 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Singer has been replaced by Lujan for the teachings of the limitations added by amended to claim 33 and its dependents.
Claim Objections
Claim 20 is objected to because of the following informalities: the limitation “the first and second adjustable foundations comprise” should be changed to read - - the first and second adjustable foundations each comprise - -. Appropriate correction is required.
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) 20-24, 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinman et al. (US 6,951,037 – hereinafter Weinman) in view of Brykalski et al. (US 2011/0107514 – hereinafter Brykalski) further in view of Singer et al. (US Patent No. 3,061,843 – hereinafter Singer) further in view of Wall Sr. (US Patent No. 6,990,698 – hereinafter Wall).
Regarding Claim 20: Weinman discloses a bed system (universal adjustable bed of Weinman) comprising: a mattress (mattress M of Weinman) having a mattress top and a mattress bottom (see Fig. 1 of Weinman); [….] and an adjustable foundation (see Fig. 2 of Weinman showing adjustable sections of a deck for supporting a bed) [configured to support] the mattress, wherein the adjustable foundation comprises: multiple separate articulable sections (see the headboard 140, seat board 141, thigh board 142 and footboard 143 of Weinman); a deck (see the deck formed of elements 140, 141, 142, and 143 of Weinman) comprising at least one head deck panel (headboard 140 of Weinman), at least one thigh deck panel (thigh board 142 of Weinman), and at least one foot deck panel (footboard 143 of Weinman); a subframe configured to provide structural support for the deck, the subframe comprising a plurality of interconnected supports which comprise: first and second longitudinal supports (side rails 61 and 62 of Weinman) extending along part of a length of the adjustable foundation in a direction perpendicular to each of the head and foot edges (see Fig. 7 of Weinman) and parallel to each of the side edges (see Fig. 7 of Weinman), wherein the first and second longitudinal supports have upper surfaces that are configured and positioned to support the at least one head deck panel, at least one thigh deck panel, and at least one foot deck panel when the at least one head deck panel, at least one thigh deck panel, and at least one foot deck panel rests on the first and second longitudinal supports (see Figs. 3 and 4 of Weinman showing the deck panels supported on the rails 61/62 of Weinman); and first and second lateral supports (63/64 of Weinman – Fig. 7) extending along part of a width of the adjustable foundation in a direction parallel to each of the head and foot edges and perpendicular to each of the side edges (Figs. 1-7 of Weinman), wherein upper surfaces of the first and second lateral supports are positioned below the upper surfaces of the first and second longitudinal supports such that the upper surfaces of the first and second lateral supports are spaced away from the deck when the deck rests on the first and second longitudinal supports (see Figs. 3, 4, and 7 of Weinman) and an articulation mechanism (linkage mechanisms 80 and 90) at least partially concealed by the deck (when viewed from above – Fig. 2 of Weinman) and supported by the subframe (Figs. 2 and 3 of Weinman), the articulation mechanism comprising: a laterally extending shaft (91 of Weinman) […]; first and second lever arms (82, 82 of Weinman – Fig. 7) with first and second rollers (83,83 of Weinman – Fig. 7) positioned under the head deck panel (Fig. 4 of Weinman); third and fourth lever arms (92,92 of Weinman) with third and fourth roller (93 of Weinman), the third and fourth lever arms […] (see Fig. 7 of Weinman), the third and fourth lever arms mounted to the laterally extending shaft (at ends of shaft 91 of Weinman); fifth and sixth lever arms (95 of Weinman – Fig. 7) extending from the laterally extending shaft (see Fig. 7 of Weinman), the fifth and sixth lever arms mounted to the laterally extending shaft (see Fig. 7 of Weinman) […].
Weinman does not disclose a temperature control system comprising: a temperature control layer having a top layer with a foot edge, a head edge opposite of the foot edge, and two opposing side edges extending from the foot edge to the head edge, wherein the temperature control layer is configured to wrap around the mattress and includes a foot portion extending down from the foot edge, a head portion extending down from the head edge, and opposing side portions extending down from the two opposing side edges, wherein a bottom portion is configured to be positioned under the mattress; a fluid module configured to heat and/or to cool a fluid; and a plurality of fluid hoses configured to extend between and connect the fluid module and the temperature control layer; and first and second adjacent foundations defining a first zone for supporting a first person and a second zone for supporting a second person respectively.
Weinman also does not disclose with ends connected to first and second longitudinal supports by brackets, the third and fourth lever arms extending from the laterally extending shaft, such that the fifth and sixth lever arms have a same axis of rotation about the laterally extending shaft as the third and fourth lever arms, wherein the laterally extending shaft rotates about a same axis of rotation as the third and fourth lever arms without translating position.
In the same field of endeavor, bed systems (see the abstract of Brykalski), Brykalski teaches a bed system (see the bed assembly shown and discussed in the abstract of Brykalski) comprising: a mattress (mattress 10 of Brykalski) having a mattress top (top surface shown in Fig. 1 of Brykalski) and a mattress bottom (bottom surface opposite from the top of mattress 10 of Brykalski); a temperature control system comprising: a temperature control layer (mat 820 of Brykalski) having a top layer (top portion of mat 820 covering the top surface of the mattress of Brykalski) with a foot edge (see Fig. 7 showing first and second edges – one being considered a foot edge by the Examiner), a head edge opposite of the foot edge (see Fig. 7 showing first and second edges – one being considered a head edge by the Examiner), and two opposing side edges extending from the foot edge to the head edge (see the opposing side edges in Fig. 7 of Brykalski), wherein the temperature control layer is configured to wrap around the mattress (see paragraph [0077] of Brykalski which teaches “As discussed in greater detail herein, the conditioner mat 20 can be releasably secured to a mattress 10 or other portion of a bed using one or more attachment methods or devices. For example, as illustrated in FIG. 6, the mat 20 can comprise a peripheral skirt that is configured to fit around a portion of the mattress (e.g., like a fitted sheet, other encapsulating member, etc.). The skirt can include one or more elasticized portions or members to facilitate its securement to and/or removal from the mattress. Such a design can also provide a more secure connection between the mat 20 and the mattress, pad, cushion or other support member 10. In other arrangements, the position of the separate topper member 20 is maintained relative to the mattress 10 using one or more straps (FIG. 7), zippers, hook-and-loop type fasteners, buttons, snap connections, friction surfaces and/or the like, as desired or required. In one embodiment, the straps 21' are elastic or otherwise expandable. Alternatively, the topper or mat 20 can be permanently attached to a support member 10 (e.g., mattress, pad, cushion, etc.) or other portion of a bed 8.”) and includes a foot portion extending down from the foot edge (portion extending from the upper surface of the mat to the bottom portion of the skirt shown in Fig. 6 of Brykalski – note that although the foot portion is not shown in the embodiment of Fig. 6 it is inherent that the skirt includes a foot portion extending between a foot edge to the bottom portion of 21 shown in Fig. 6) a head portion extending down from the head edge (portion extending from the upper surface of the mat to the head portion of the skirt shown in Fig. 6 of Brykalski – note that although the head portion is not shown in the embodiment of Fig. 6 it is inherent that the skirt includes a head portion extending between a head edge to the bottom portion of 21 shown in Fig. 6) and opposing side portions extending down from the two opposing side edges (see the bottom portion of the skirt shown in Fig. 6 of Brykalski including a portion extending around the side of the mattress and therefore requiring a side portion extending down from the side edges of the mat) wherein a bottom portion is configured to be positioned under the mattress (see Fig. 6 showing a portion of the peripheral skirt extending around the bottom of the mattress 10); a fluid module (see fluid modules 880 of Brykalski) configured to heat and to cool a fluid (see paragraph [0124] of Brykalski which teaches “In FIG. 16A, each fluid zone 832, 834, 836, 838 is supplied ambient and/or conditioned (e.g., cooled, heated, dehumidified, etc.) air or other fluid by one or more dedicated fluid modules 880A, 880B, 880C, 880D”); and a plurality of fluid hoses (see the hoses connecting the sections 832D and 834D with modules 880 as shown in Fig. 16D of Brykalski) configured to extend between and connect the fluid module and the temperature control layer (see Fig. 16D of Brykalski).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Weinman and Brykalski with a reasonable expectation of success. One having ordinary skill in the art would be motivated to make such a combination because “the control of certain factors, such as high pressure, temperature, friction, moisture and/or the like, may improve the general comfort level of an occupant, even where decubitus ulcers are not a concern” (see paragraph [0007] of Brykalski).
Weinman and Brykalski do not disclose the laterally extending shaft with ends connected to first and second longitudinal supports by brackets, the third and fourth lever arms extending from the laterally extending shaft, such that the fifth and sixth lever arms have a same axis of rotation about the laterally extending shaft as the third and fourth lever arms, wherein the laterally extending shaft rotates about a same axis of rotation as the third and fourth lever arms without translating position, or first and second adjacent foundations defining a first zone for supporting a first person and a second zone for supporting a second person respectively.
In the same field of endeavor, articulating beds (see the title of Singer), Singer teaches an alternative method for mounting lateral shafts to longitudinal supports and connecting the lever arms to the lateral shafts.
More specifically, Singer teaches an articulation mechanism (comprising shafts 39, 45, 53 and arms 35, 81, 49, 51) at least partially concealed by the deck and supported by the subframe (if viewing Fig. 1 of Singer from above), the articulation mechanism comprising: a laterally extending shaft (45 of Singer) with ends connected to first and second longitudinal supports (support members 17 of Singer) by brackets (brackets 27 of Singer); first and second lever arms (35 of Singer) […] positioned under the head deck panel; third and fourth lever arms (49 of Singer) […], the third and fourth lever arms extending from the laterally extending shaft (see 49 of Singer extending from shaft 45), the third and fourth lever arms mounted to the laterally extending shaft (49 of Singer mounted to the shaft 45).
Accordingly, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to have combined Weinman (directed to an articulating bed frame) and Brykalski (directed to a thermal mat) and Singer (method of connecting lateral shafts to lever arms and lateral supports) and arrived at an articulating bed frame comprising a mattress comprising a heating/cooling unit. One of ordinary skill in the art would have been motivated to make such a combination because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods (e.g. welding the lever arms to the lateral shafts and coupling the shafts to brackets) with a reasonable expectation of success and with no change in their respective functions and one of ordinary skill in the art would have recognized that the results of the combination were predictable (enabling easier assembly/disassembly with the use of brackets for mounting the shafts).
Note that although Singer does not explicitly disclose the rollers, and fifth and sixth lever arms extending from the laterally extending shaft, the fifth and sixth lever arms mounted to the laterally extending shaft such that the fifth and sixth lever arms have a same axis of rotation about the laterally extending shaft as the third and fourth lever arms, wherein the laterally extending shaft rotates about a same axis of rotation as the third and fourth lever arms without translating position, modifying Weinman in view of Brykalski to utilize brackets and welded lever arms as suggested by Singer would result in the fifth and sixth lever arms extending from the laterally extending shaft, the fifth and sixth lever arms mounted to the laterally extending shaft such that the fifth and sixth lever arms have a same axis of rotation about the laterally extending shaft as the third and fourth lever arms, wherein the laterally extending shaft rotates about a same axis of rotation as the third and fourth lever arms without translating position.
Weinman, Brykalski and Singer do not explicitly disclose first and second adjacent foundations defining a first zone for supporting a first person and a second zone for supporting a second person respectively.
However, in the same field of endeavor, adjustable beds (see the abstract of Wall), Wall teaches first (left most bed 10’ as viewed in Fig. 18 of Wall) and second (right most bed 10’ as viewed in Fig. 18 of Wall) adjacent foundations defining a first zone for supporting a first person and a second zone for supporting a second person respectively (left most bed 10’ as viewed in Fig. 18 of Wall considered a first zone or supporting a first person and right most bed 10’ as viewed in Fig. 18 of Wall considered a second zone for supporting a second person).
Accordingly, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to have combined Weinman (articulating bed frame), Brykalski (fluid mattress topper), Singer (means of coupling a lateral shaft to longitudinal members), and Wall (using two bed frames side by side to form a king size bed) and arrived at a king size articulating bed with heating and cooling capabilities. One of ordinary skill in the art would have been motivated to make such a combination because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods (e.g. coupling adjacent frames with couplers/fasteners) with a reasonable expectation of success and with no change in their respective functions and one of ordinary skill in the art would have recognized that the results of the combination were predictable (a single bed frame can be manufactured and used as a twin or duplicated and used as a king as desired).
Regarding Claim 21: Weinman, Brykalski, Singer and Wall make obvious the bed system of claim 20, wherein the foot portion extends perpendicularly downward from the top layer at the foot edge of the top layer (not shown in the embodiment shown in Fig. 6 but based on the structure of the mattress and the topper and the bottom portions shown in Fig. 6 of Brykalski it is clear that the ends of the skirt would extend perpendicularly from the top layer – also see Fig. 7 which shows the straps extending perpendicularly downward which provide evidence that the end pieces would also extend perpendicularly in the embodiment of Fig. 6) wherein at least part of the bottom portion extends perpendicularly from the foot portion under at least part of the mattress bottom (see Fig. 6 showing a bottom portion of the mattress 10 with the topper secured to the mattress and extending around a portion of the bottom of the mattress), and wherein at least parts of the opposing side portions extend substantially perpendicularly from each of the top layer, the foot portion, and the bottom portion (see Fig. 6 of Brykalski).
Regarding Claim 22: Weinman, Brykalski, Singer and Wall make obvious the bed system of claim 21, wherein the head portion extends perpendicularly downward from the top layer at the head edge of the top layer (not shown in the embodiment shown in Fig. 6 but based on the structure of the mattress and the topper and the bottom portions shown in Fig. 6 of Brykalski it is clear that the ends of the skirt would extend perpendicularly from the top layer – also see Fig. 7 which shows the straps extending perpendicularly downward which provide evidence that the end pieces would also extend perpendicularly in the embodiment of Fig. 6), wherein at least part of the bottom portion extends perpendicularly from the head portion under at least part of the mattress bottom, and wherein at least parts of the opposing side portions extend substantially perpendicularly from each of the top layer, the head portion, and the bottom portion (see Fig. 6 of Brykalski – note that although only a corner is shown in Fig. 6 the Figure and paragraphs [0033] and [0077] make it clear that the skirt would surround the mattress in the same way on each corner).
Regarding Claim 23: Weinman, Brykalski, Singer and Wall make obvious the bed system of claim 20, wherein the fluid module is configured to push the fluid through the plurality of fluid hoses to the temperature control layer (see paragraph [0124] of Brykalski which teaches “For example, one or more of the fluid modules are located within a fluid box or other container that can be conveniently mounted on the bed assembly (e.g., to, along or near a headboard, footboard, guardrail, etc.), a wall, the floor and/or the like. In such embodiments, the fluid modules can be placed in fluid communication with the respective fluid zones of the mat's main portion 830 using one or more conduits”).
Regarding Claim 24: Weinman, Brykalski, Singer and Wall make obvious the bed system of claim 20, wherein the plurality of fluid hoses are configured to extend vertically along the mattress and turn horizontally as the plurality of fluid hoses connect to the top layer proximate the head edge of the top layer (see the conduit shown in Fig. 14 extending vertically along the mattress and turning horizontally into the topper layer of Brykalski; also see paragraph [0122] of Brykalski which teaches “illustrates a perspective view of another embodiment of a conditioner mat 720 configured to be positioned along the top of a mattress 10, pad, cushion or other support structure of a bed. As shown, one or more fluid modules 780 can be connected to a main portion 730 along one of the sides of the mat 720. As discussed with reference to other arrangements herein, a fluid module can be positioned along any other portion of the mat 720, either in lieu of or in addition to one of its sides. Similarly to the conditioner mat 620 of FIGS. 13A and 13B, in some embodiments, at least a portion of the fluid module 780 in the depicted embodiment is generally perpendicular to the mat 720. Therefore, for any of the embodiments disclosed herein, or equivalents thereof, a fluid module can be configured to hang along a side or an end of a conditioner mat. In such arrangements, one or more portions or components of the fluid module can be secured, temporarily or permanently, to an adjacent surface, such as, for example, a portion of a mattress or other support structure, a bed headboard or footboard, a bed guardrail, another portion of a bed assembly, the floor or a wall, other equipment located within a hospital room and/or the like.”)
Regarding Claim 28: Weinman, Brykalski, Singer and Wall make obvious the bed system of claim 20, wherein the third and fourth rollers are positioned under the thigh deck panel (see the view of Fig. 4 of Weinman as shown in the annotated copy below).
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Regarding Claim 29: Weinman, Brykalski, Singer and Wall make obvious the bed system of claim 20, wherein the first and second adjustable foundations further comprise at least one hip deck panel positioned between the at least one head deck panel and the at least one thigh deck panel (see seat panel 141 of Weinman).
Claim(s) 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinman et al. (US 6,951,037 – hereinafter Weinman) in view of Brykalski et al. (US 2011/0107514 – hereinafter Brykalski) in view of Singer et al. (US Patent No. 3,061,843 – hereinafter Singer) further in view of Wall Sr. (US Patent No. 6,990,698 – hereinafter Wall) further in view of Cloer et al. (US 2006/0195982 – hereinafter Cloer).
Regarding Claim 25: Weinman, Brykalski, Singer and Wall make obvious the bed system of claim 20, wherein the first and second adjustable foundations comprise a first plurality of legs (see the legs comprising wheels as shown in Figs. 1 and 2 of Weinman) positioned proximate a perimeter of the adjustable foundation (see Fig. 1 and 2 of Weinman) [….].
Weinman, Brykalski, Singer and Wall do not disclose or teach a second plurality of legs positioned inward of the first plurality of legs.
In the same field of endeavor, beds (see the abstract of Cloer), Cloer teaches wherein the adjustable foundation comprises a first plurality of legs (see legs 29 of Cloer) is positioned proximate a perimeter of the […] foundation (see Fig. 1 of Cloer which shows the legs 29 around a perimeter of the frame of Cloer) and a second plurality of legs (legs 13 of Cloer – Fig. 1) positioned inward of the first plurality of legs (see Fig. 1 of Cloer).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Weinman (articulating bed frame), Brykalski (thermal topper), Singer (lateral shaft coupled to brackets and arms extending from the lateral shaft), Wall (two adjacent frames) and Cloer (adjustable legs positioned on the subframe) with a reasonable expectation of success. One would have been motivated to make such a combination because “Up to 70% of the weight of a sleeper rests on the center "support zone" of the bed and a lack of support in the support zone can result in bowing of the mattress and instability. Such bowing and instability of the mattress can result in discomfort for the sleeper and excessive wear on the mattress and bed frame” (see paragraph [0002] of Cloer).
Regarding Claim 26: Weinman, Brykalski, Singer, Wall and Cloer make obvious the bed system of claim 25, wherein the first and second plurality of legs comprise at least eight legs (see Fig. 1 of Cloer and the combination of Weinman, Brykalski and Cloer as made obvious in claim 25 above) and comprise at least some adjustable height legs (see legs 13 of Cloer being adjustable).
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinman et al. (US 6,951,037 – hereinafter Weinman) in view of Brykalski et al. (US 2011/0107514 – hereinafter Brykalski) in view of Singer et al. (US Patent No. 3,061,843 – hereinafter Singer) further in view of Wall Sr. (US Patent No. 6,990,698 – hereinafter Wall) further in view of Rawls-Meehan (US 2013/0283531).
Regarding Claim 30: Weinman, Brykalski, Singer and Wall make obvious the bed system of claim 20.
Weinman, Brykalski, Singer and Wall do not disclose or make obvious wherein the adjustable foundation comprises: a high voltage power system configured to operate with AC power; a low voltage power system configured to operate with DC power; actuation motors; and high voltage power cables and low voltage power cables each including connectors at ends thereof for detachably and reattachably making electrical connections, wherein the high voltage power cables and the low voltage power cables are concealed from view when viewed from above.
However, Rawls-Meehan teaches a high voltage power system configured to operate with AC power; a low voltage power system; and high voltage power cables and low voltage power cables each including connectors at ends thereof for detachably and reattachably making electrical connections, wherein the high voltage power cables and the low voltage power cables are substantially concealed from view during normal operation (see paragraph [0249] of Rawls-Meehan which teaches “[0249] In an embodiment, the wire harness 128 may provide power and data connections to a plurality of modular controls 132. Depending on the power supply 140, the wire harness may provide either DC or AC power to the modular controls 132. In an embodiment, the data connections may be serial, parallel, or the like. In an embodiment, the wire harness may have the same number of power/data connections as there are possible modular controls 132. In an embodiment, the wire harness may be a unit of power/data connections that may be bound together into a single wire harness. In another embodiment, the wire harness may be a group of individual power/data connections. In an embodiment, for each individual wire in the bundle, group, or the like, a first end may have connections for the control box 134 and power supply 140. A second end of the wire harness 128 may be a power and data connection for each individual modular control 132.” – also see Fig. 1 of Rawls-Meehan and Fig. 4A which shows the bed facility concealing the power system).
Accordingly, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to have combined Weinman (directed to an articulating bed frame), Brykalski (directed to a thermal mat), Singer (lateral shaft coupled to brackets and arms extending from the lateral shaft), Wall (dual adjustable frames) and Rawls-Meehan (directed to bed frame power system) and arrived at an articulating bed frame comprising a power system and a mattress comprising a heating/cooling unit. One of ordinary skill in the art would have been motivated to make such a combination because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods (e.g. using a power map as shown in Fig. 1 of Rawls-Meehan) with a reasonable expectation of success and with no change in their respective functions and one of ordinary skill in the art would have recognized that the results of the combination were predictable (providing power to the motorized bed components).
Claim(s) 33-35, 37, and 40-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinman et al. (US 6,951,037 – hereinafter Weinman) in view of Brykalski et al. (US 2011/0107514 – hereinafter Brykalski) further in view of Lujan et al. (US 2009/0178201 – hereinafter Lujan).
Regarding Claim 33: Weinman discloses a bed system (see Fig. 2 of Weinman showing adjustable sections of a deck for supporting a bed) comprising: [….] an adjustable foundation (see Fig. 2 of Weinman showing adjustable sections of a deck for supporting a bed) configured to support the mattress, the adjustable foundation (see Fig. 2 of Weinman showing adjustable sections of a deck for supporting a bed) comprising: a deck (see the headboard 140, seat board 141, thigh board 142 and footboard 143 of Weinman) comprising: at least one head deck panel, at least one thigh deck panel, at least one foot deck panel (see the headboard 140, seat board 141, thigh board 142 and footboard 143 of Weinman); and a subframe configured to provide structural support for the deck, the subframe comprising a plurality of interconnected supports which comprise: first and second longitudinal supports (side rails 61 and 62 of Weinman) extending along part of a length of the adjustable foundation in a direction perpendicular to each of the head and foot edges and parallel to each of the side edges (Figs. 3-4 and 7 of Weinman), wherein the first and second longitudinal supports have substantially flat upper surfaces that are configured and positioned to support the at least one head deck panel, at least one thigh deck panel, and at least one foot deck panel (see Figs. 3 and 4 of Weinman showing the deck panels supported on the rails 61/62 of Weinman); when the at least one head deck panel, at least one thigh deck panel, and at least one foot deck panel rests on the first and second longitudinal supports (Figs. 3-4 and 7 of Weinman); and first and second lateral supports (63/64 of Weinman – Fig. 7) extending along part of a width of the adjustable foundation in a direction parallel to each of the head and foot edges and perpendicular to each of the side edges (see Figs. 3-4 and 7 of Weinman), wherein upper surfaces of the first and second lateral supports are spaced below the upper surfaces of the first and second longitudinal supports (see Fig. 7 of Weinman) such that the upper surfaces of the first and second lateral supports are spaced away from the deck when the deck rests on the first and second longitudinal supports (see Fig. 7 of Weinman); an articulation mechanism (linkage mechanisms 80 and 90) structurally supported by the subframe (see Figs. 2-7 of Weinman) and at least partially concealed by the deck (when viewed from above – Fig. 2 of Weinman), the articulation mechanism comprising first and second lever arms (82, 82 of Weinman – Fig. 7) with first and second rollers (83,83 of Weinman – Fig. 7) positioned under the head deck panel (Fig. 4 of Weinman); third and fourth lever arms (92,92 of Weinman) with third and fourth rollers (93 of Weinman), a laterally extending shaft (91 of Weinman) with ends connected to first and second longitudinal supports (via arms 92 of Weinman), […] and fifth and sixth lever arms (95 of Weinman – Fig. 7) extending from the laterally extending shaft (see Fig. 7 of Weinman), […] and a foundation controller configured to operate the articulation mechanism to articulate the deck (control means 115 of Weinman).
Weinman does not disclose a temperature control system comprising: a temperature control layer having a top layer with a foot edge, a head edge opposite of the foot edge, and two opposing side edges extending from the foot edge to the head edge, wherein the temperature control layer is configured to wrap around a mattress and includes one or more straps as well as a foot portion extending down from the foot edge, a head portion extending down from the head edge, opposing side portions extending down from the two opposing side edges, and a bottom portion extending under the mattress; a fluid module configured to heat and to cool a fluid; and a plurality of fluid hoses configured to extend between and to connect the fluid module and the temperature control layer.
Weinman also does not disclose the third and fourth lever arms extend from the laterally extending shaft, the laterally extending shaft rotatable about a same axis of rotation as the third and fourth lever arms without translating position.
Brykalski teaches a bed system (see the bed assembly shown and discussed in the abstract of Brykalski) comprising: a temperature control system comprising: a temperature control layer (mat 820 of Brykalski) having a top layer (top portion of mat 820 of Brykalski) with a foot edge(see Fig. 7 showing first and second edges – one being considered a foot edge by the Examiner), a head edge opposite of the foot edge (see Fig. 7 showing first and second edges – one being considered a head edge by the Examiner), and two opposing side edges extending from the foot edge to the head edge (see the opposing side edges in Fig. 7 of Brykalski), wherein the temperature control layer is configured to wrap around a mattress (see Fig. 6 of Brykalski which shows the mat 820 wrapping around the mattress 10) and includes one or more straps (see Fig. 7 and paragraphs [0108] and [0109] of Brykalski which discloses “Any of the embodiments of a conditioner mat or topper member 20 disclosed herein, or equivalents thereof, can be configured to include a fitted sheet design (e.g., FIG. 6), a strap or other securement device (e.g., FIG. 7) and/or any other device or method for temporary or permanent attachment to one or more portions of a bed (e.g., upper mattress or other support structure or member).”) as well as a foot portion extending down from the foot edge (portion extending from the upper surface of the mat to the foot portion of the skirt shown in Fig. 6 of Brykalski – note that although the foot portion is not shown in the embodiment of Fig. 6 it is inherent that the skirt includes a foot portion extending between a foot edge to the bottom portion of 21 shown in Fig. 6), a head portion extending down from the head edge (portion extending from the upper surface of the mat to the head portion of the skirt shown in Fig. 6 of Brykalski – note that although the head portion is not shown in the embodiment of Fig. 6 it is inherent that the skirt includes a head portion extending between a head edge to the bottom portion of 21 shown in Fig. 6 – also see paragraph [0107] which discloses “the bottom skirt 21 portion extends continuously around the entire mattress”) opposing side portions extending down from the two opposing side edges (see the bottom portion of the skirt shown in Fig. 6 of Brykalski including a portion extending around the side of the mattress and therefore requiring a side portion extending down from the side edges of the mat) and a bottom portion extending under the mattress (see bottom portion shown in Fig. 6 of Brykalski); a fluid module (see fluid modules 880 of Brykalski) configured to heat and to cool a fluid (see paragraph [0124] of Brykalski which teaches “In FIG. 16A, each fluid zone 832, 834, 836, 838 is supplied ambient and/or conditioned (e.g., cooled, heated, dehumidified, etc.) air or other fluid by one or more dedicated fluid modules 880A, 880B, 880C, 880D”); and a plurality of fluid hoses (see the hoses connecting the sections 832D and 834D with modules 880 as shown in Fig. 16D of Brykalski) configured to extend between and to connect the fluid module and the temperature control layer (see at least Fig. 16D of Brykalski).
One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine Weinman and Brykalski with a reasonable expectation of success. One having ordinary skill in the art would be motivated to make such a combination because “the control of certain factors, such as high pressure, temperature, friction, moisture and/or the like, may improve the general comfort level of an occupant, even where decubitus ulcers are not a concern” (see paragraph [0007] of Brykalski).
Weinman and Brykalski do not disclose or teach the third and fourth lever arms extend from the laterally extending shaft, the laterally extending shaft rotatable about a same axis of rotation as the third and fourth lever arms without translating position, wherein the third and fourth rollers are positioned under the thigh deck panel at a location vertically aligned with the thigh deck panel for raising and lowering the thigh deck panel.
In the same field of endeavor, articulating beds (see the title of Lujan), Lujan teaches an alternative method for mounting lateral shafts to longitudinal supports and connecting the lever arms to the lateral shafts.
More specifically, Lujan teaches an articulation mechanism (comprising torque tubes 108 and 116 and arms 118, 114, 122 and 126 of Lujan - Figs. 3A and 5) at least partially concealed by the deck and supported by the subframe (if viewing Fig. 2 of Lujan from above), the articulation mechanism comprising: a laterally extending shaft (116 of Lujan) with ends connected to first and second longitudinal supports (side assemblies 34 of Lujan – Fig. 3 and paragraph [0036]) by brackets (brackets 110 of Lujan – paragraph [0050] – “each bracket 110 is fixed to the ….side assembly 34”); first and second lever arms (first and second arms of the pair of spaced operating arms 122 of Lujan) […] positioned under the head deck panel (Fig. 3 and Fig. 5 of Lujan); third and fourth lever arms (first and second arms of the pair of spaced operating arms 126 of Lujan) […], the third and fourth lever arms extending from the laterally extending shaft wherein the third and fourth rollers (128 of Lujan – Fig. 5) are positioned under the thigh deck panel (as shown in Fig. 5 of Lujan) at a location vertically aligned with the thigh deck panel for raising and lowering the thigh deck panel (Fig. 5 and paragraph [0059] of Lujan – “Rotation or pivoting the torque tubes 108, 116 causes the operating arms 122, 126 to rotate or pivot about a horizontal axis parallel the torque tubes 108, 116. The rollers 124, 128 located at the upper ends of the operating arms 122, 126 contact the head and leg deck boards 74, 78, respectively, and move them from their first horizontal position shown in FIGS. 3, 3A, 4 and 4A to their second fully inclined position shown in FIG. 5 in which the head edge 154 of the head deck board 74 is above the rear edge 155 of the head deck board 74.”), the third and fourth lever arms are mounted to the laterally extending shaft (Fig. 3A of Lujan).
Accordingly, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to have combined Weinman (directed to an articulating bed frame), Brykalski (directed to a thermal mat) and Lujan (method of connecting lateral shafts to lever arms and lateral supports) and arrived at an articulating bed frame comprising a mattress comprising a heating/cooling unit. One of ordinary skill in the art would have been motivated to make such a combination because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods (e.g. welding the lever arms to the lateral shafts and coupling the shafts to brackets and positioning the roller under the thigh panel) with a reasonable expectation of success and with no change in their respective functions and one of ordinary skill in the art would have recognized that the results of the combination were predictable (enabling easier assembly/disassembly with the use of brackets for mounting the shafts and applying the force of the lever arm to the thigh panel which holds more weight than the leg panel).
Note that although Lujan does not explicitly disclose the rollers, and fifth and sixth lever arms extending from the laterally extending shaft, the laterally extending shaft rotatable about a same axis of rotation as the third and fourth lever arms without translating position, modifying Weinman in view of Brykalski to utilize brackets and welded lever arms as suggested by Lujan would result in the fifth and sixth lever arms extending from the laterally extending shaft, the laterally extending shaft rotatable about a same axis of rotation as the third and fourth lever arms without translating position.
Regarding Claim 34: Weinman and Brykalski and Lujan make obvious the bed system of claim 33, wherein the foot portion extends perpendicularly downward from the top layer at the foot edge of the top layer (not shown in the embodiment shown in Fig. 6 but based on the structure of the mattress and the topper and the bottom portions shown in Fig. 6 of Brykalski it is clear that the ends of the skirt would extend perpendicularly from the top layer – also see Fig. 7 which shows the straps extending perpendicularly downward which provide evidence that the end pieces would also extend perpendicularly in the embodiment of Fig. 6) wherein at least part of the bottom portion extends perpendicularly from the foot portion under at least part of the mattress bottom (see Fig. 6 showing a bottom portion of the mattress 10 with the topper secured to the mattress and extending around a portion of the bottom of the mattress), and wherein at least parts of the opposing side portions extend substantially perpendicularly from each of the top layer, the foot portion, and the bottom portion (see Fig. 6 of Brykalski).
Regarding Claim 35: Weinman and Brykalski and Lujan make obvious the bed system of claim 34, wherein the head portion extends perpendicularly downward from the top layer at the head edge of the top layer (not shown in the embodiment shown in Fig. 6 but based on the structure of the mattress and the topper and the bottom portions shown in Fig. 6 of Brykalski it is clear that the ends of the skirt would extend perpendicularly from the top layer – also see Fig. 7 which shows the straps extending perpendicularly downward which provide evidence that the end pieces would also extend perpendicularly in the embodiment of Fig. 6), wherein at least part of the bottom portion extends perpendicularly from the head portion under at least part of the mattress bottom, and wherein at least parts of the opposing side portions extend substantially perpendicularly from each of the top layer, the head portion, and the bottom portion (see Fig. 6 of Brykalski – note that although only a corner is shown in Fig. 6 the Figure and paragraphs [0033] and [0077] make it clear that the skirt would surround the mattress in the same way on each corner).
Regarding Claim 37: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 33, wherein the plurality of fluid hoses are configured to extend vertically and turn horizontally as the plurality of fluid hoses connect to the top layer (see the conduit shown in Fig. 14 extending vertically along the mattress and turning horizontally into the topper layer of Brykalski; also see paragraph [0122] of Brykalski which teaches “illustrates a perspective view of another embodiment of a conditioner mat 720 configured to be positioned along the top of a mattress 10, pad, cushion or other support structure of a bed. As shown, one or more fluid modules 780 can be connected to a main portion 730 along one of the sides of the mat 720. As discussed with reference to other arrangements herein, a fluid module can be positioned along any other portion of the mat 720, either in lieu of or in addition to one of its sides. Similarly to the conditioner mat 620 of FIGS. 13A and 13B, in some embodiments, at least a portion of the fluid module 780 in the depicted embodiment is generally perpendicular to the mat 720. Therefore, for any of the embodiments disclosed herein, or equivalents thereof, a fluid module can be configured to hang along a side or an end of a conditioner mat. In such arrangements, one or more portions or components of the fluid module can be secured, temporarily or permanently, to an adjacent surface, such as, for example, a portion of a mattress or other support structure, a bed headboard or footboard, a bed guardrail, another portion of a bed assembly, the floor or a wall, other equipment located within a hospital room and/or the like.”).
Regarding Claim 40: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 33, wherein the first and second lateral supports are positioned directly below the first and second longitudinal supports and connected (as shown in Figs. 3, 4 and 7 of Weinman).
Regarding Claim 41: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 33, wherein the third and fourth lever arms extend perpendicularly from the laterally extending shaft (see arms 92 extending perpendicularly form the shaft of Weinman), wherein fifth and sixth lever arms extend perpendicularly from the laterally extending shaft at a location between the third and fourth lever arms (see parallel arms 95 of Weinman – Fig. 7), and wherein the fifth and sixth lever arms are shorter than the third and fourth lever arms (Fig. 7 of Weinman).
Regarding Claim 42: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 41, wherein the third and fourth lever arms extend from the laterally extending shaft at a first angle (see Fig. 7 of Weinman), wherein the fifth and sixth lever arms extend from the laterally extending shaft at a second angle, and wherein the first angle is different than the second angle (see Fig. 7 of Weinman).
Regarding Claim 43: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 33, the subframe further comprising: first and second connection brackets positioned at ends of the first lateral support and third and fourth connection brackets positioned at ends of the second lateral support (see the angle brackets 70 of Weinman – Fig. 7).
Regarding Claim 44: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 33, wherein the first and second longitudinal supports are connected to the first and second lateral supports inward of ends of the first and second lateral supports such that the ends of the first and second lateral supports extend laterally past each of the first and second longitudinal supports (see Fig. 7 of Weinman).
Regarding Claim 45: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 20, wherein the first and second lateral supports are positioned at least partially below the first and second longitudinal supports (as shown in Figs. 3, 4 and 7 of Weinman).
Regarding Claim 46: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 20, wherein the articulation mechanism further comprises a laterally extending shaft (lift tube 91 of Weinman) with ends connected to first and second longitudinal supports (via the connection of the arms 92 - Fig. 7 of Weinman), wherein the third and fourth lever arms extend perpendicularly from the laterally extending shaft (see arms 92 extending perpendicularly form the shaft of Weinman), wherein fifth and sixth lever arms extend perpendicularly from the laterally extending shaft at a location between the third and fourth lever arms (see parallel arms 95 of Weinman – Fig. 7), and wherein the fifth and sixth lever arms are shorter than the third and fourth lever arms (Fig. 7 of Weinman).
Regarding Claim 47: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 46, wherein the third and fourth lever arms extend from the laterally extending shaft at a first angle (see Fig. 7 of Weinman), wherein the fifth and sixth lever arms extend from the laterally extending shaft at a second angle, and wherein the first angle is different than the second angle (see Fig. 7 of Weinman).
Regarding Claim 48: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 20, the subframe further comprising: first and second connection brackets positioned at ends of the first lateral support and third and fourth connection brackets positioned at ends of the second lateral support (see the angle brackets 70 of Weinman – Fig. 7).
Regarding Claim 49: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 20, wherein the first and second longitudinal supports are connected to the first and second lateral supports inward of ends of the first and second lateral supports such that the ends of the first and second lateral supports extend laterally past each of the first and second longitudinal supports (see Fig. 7 of Weinman).
Regarding Claim 50: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 33, wherein the ends of the laterally extending shaft are connected to the first and second longitudinal supports by brackets (as taught by Lujan – see the combination of Weinman, Brykalski and Lujan in the rejection of claim 33).
Regarding Claim 51: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 33, wherein the third and fourth lever arms are mounted to the laterally extending shaft (as taught by the combination of Weinman, Brykalski and Lujan in the rejection of claim 33).
Regarding Claim 52: Weinman in view of Brykalski and Lujan make obvious the bed system of claim 33, wherein the fifth and sixth lever arms are mounted to the laterally extending shaft such that the fifth and sixth lever arms have a same axis of rotation about the laterally extending shaft as the third and fourth lever arms (as made obvious by the combination of Weinman, Brykalski and Lujan in the rejection of claim 33 since the combination changes the way that the arms are mounted to the laterally extending shaft and the way that the shaft is mounted to the longitudinal supports).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent No. 9,009,896 to Suh is cited for teaching adjoining adjacent bed frames to form a larger bed frame.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA L BAILEY whose telephone number is (571)272-8476. The examiner can normally be reached M-F 7:30 AM-4:30 PM.
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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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/A.L.B/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
12/23/2025