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 .
Remarks
This communication is in response to Application No. 18/779,211 filed on 07/22/2024.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the a vibration generating device of claims 1, 10 and 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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 1-20 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 pre-AIA the applicant regards as the invention.
As to claim 1, the preamble recites a bed foundation and the body of the claim also recites a bed foundation which renders the claim indefinite as it is unclear if these are the same or distinct, thus the metes and bounds of the claim are unclear.
Claims 2-9 are rejected via dependency.
As to claims 10 and 19, the preamble recites a furniture frame and the body of the claim also recites a furniture frame which renders the claim indefinite as it is unclear if these are the same or distinct, thus the metes and bounds of the claim are unclear.
Claims 11-20 are rejected via dependency.
In claims 1, 10 and 19 each claim positively recites a vibration generating device and, after a review of the specification it is unclear what this is, thus the metes and bounds of the claim are unclear and indefinite. Per the specification at [0014] “[t]he motor is configured for generating vibrations in a bed or furniture item to which the motor is attached by rotation of a rotating weight longitudinal arm which rotates upon activation of the motor” it appears the claim should read a vibration generating device comprising; and the claim is interpreted as such for the purpose of examination.
NOTE: any prior art rejection provided below is made as best understood in view of the 35 U.S.C. 112(b) issues above.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-15 and 19-20, as best understood in view of the issues above, are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 2,717,593, hereinafter D1.
As to claim 1.
D1 A sleep enhancing bed vibrating system for attaching to a bed foundation (36 in figs. 5-6) (figures), the sleep enhancing bed vibrating system comprising:
a vibration generating device comprising;
a rotating motor (motor 10);
a mounting bracket (fig. 5-6);
a rotating weight longitudinal arm (16 in figs. 5-6);
and a plurality of interchangeable weights (plurality of 18);
wherein said mounting bracket (fig. 5-6) fastened to a bed foundation (36 in figs. 5-6);
wherein said rotating motor (motor 10) detachably attached to a top surface (55 in fig. 6) of said mounting bracket (fig. 5-6);
wherein said rotating motor (motor 10) is a variable speed (per col. 6, ln. 21+: If the gyratory impulses are too mild or too violent, the user adjusts the rheostat 88. Since this rheostat is in series with the motor HJ, such adjustment adjusts the speed of the motor
to provide the degree of gyratory action desired) rotating motor (motor 10);
and further wherein said rotating motor (motor 10) rotates (operation described at col. 5, ln. 44+) the connected said rotating weight longitudinal arm (16 in figs. 5-6) for producing vibration in the bed foundation (36 in figs. 5-6).
As to claim 2.
D1 discloses said rotating motor (motor 10) having a top surface (see annotated figure supra where the indicated surface is ‘top’ when in shown position) operatively connected to said rotating weight longitudinal arm (16 in figs. 5-6).
PNG
media_image1.png
325
890
media_image1.png
Greyscale
As to claim 3.
D1 discloses wherein said rotating weight longitudinal arm (16 in figs. 5-6) attached to said rotating motor (motor 10) including at least one mechanical fastener (19).
As to claim 4.
D1 discloses wherein said rotating weight longitudinal arm (16 in figs. 5-6) having a free end (generally indicated by 17 in fig. 5) including one of said plurality of interchangeable weights (plurality of 18) selectively mounted to said free end (as in fig 5).
As to claim 5.
D1 discloses wherein each one of said plurality of interchangeable weights (plurality of 18) having a quick connect attachment (via the hole in each weight) for securing to said rotating weight longitudinal arm (16 in figs. 5-6).
As to claim 6.
D1 discloses wherein said plurality of interchangeable weights (plurality of 18) includes at least three weights (plurality of 18 is more than three in fig. 5).
As to claim 7.
D1 discloses wherein each one of said at least three weights (plurality of 18) having different weights (fig. 5 shows a plurality of 18 which appear to be 6 in number and taking one of 18 as a first weight, two of 18 as a second weight and three or more of 18 as a third weight then the limitation is met as 1<2<3+), and further wherein said different weights includes a first weight, a second weight, and a third weights (fig. 5 shows a plurality of 18 which appear to be 6 in number and taking one of 18 as a first weight, two of 18 as a second weight and three or more of 18 as a third weight then the limitation is met as 1<2<3+).
As to claims 8-9.
D1 discloses wherein said first weight is less than said second weight and said second weight is less than said third weight (fig. 5 shows a plurality of 18 which appear to be 6 in number and taking one of 18 as a first weight, two of 18 as a second weight and three or more of 18 as a third weight then the limitation is met as 1<2<3+), and further wherein when said rotating weight longitudinal arm (16 in figs. 5-6) is rotating said first weight produces a first intensity of vibration (the force produced is a function of the eccentricity [e] (the distance between the center of mass and the shaft of the motor), the angular velocity of the motor, and the mass of the eccentric body. This force can be calculated using Eq.(1) 𝐹 = mr𝜔2); and [claim 9] wherein said first intensity of vibration is less than said second intensity of vibration, and further wherein said second intensity of vibration is less than said third intensity of vibration (via Eq. (1) and noting that the force is a function of mass such that more mass yields more force).
As to claim 10.
D1 discloses a sleep enhancing vibrating system for attaching to a furniture frame (figures), the sleep enhancing bed vibrating system comprising:
a vibration generating device comprising;
a rotating motor (motor 10);
a mounting bracket (fig. 5-6);
a rotating weight longitudinal arm (16 in figs. 5-6);
a plurality of interchangeable weights (plurality of 18);
and a speed controller (rheostat 88; per col. 6, ln. 21+: If the gyratory impulses are too mild or too violent, the user adjusts the rheostat 88. Since this rheostat is in series with the motor HJ, such adjustment adjusts the speed of the motor to provide the degree of gyratory action desired);
wherein said mounting bracket (fig. 5-6) fastened to a furniture frame (36 in figs. 5-6);
wherein said rotating motor (motor 10) is a variable speed (per col. 6, ln. 21+) rotating motor (motor 10);
wherein said rotating motor (motor 10) rotates the connected said rotating weight longitudinal arm (16 in figs. 5-6) for producing vibration in the furniture frame (per col. 6, ln. 21+);
and further wherein said speed controller controls a speed (col. 6, ln. 21+) of said variable speed rotating motor (motor 10).
As to claim 11.
D1 discloses wherein said rotating motor (motor 10) having a top surface (see explanation for claim 2) operatively connected to said rotating weight longitudinal arm (16 in figs. 5-6).
As to claim 12.
D1 discloses wherein said rotating motor (motor 10) detachably attached (via fasteners as in fig. 5) to a top surface (55 in fig. 6) of said mounting bracket (fig. 5-6).
As to claim 13.
D1 discloses wherein said rotating weight longitudinal arm (16 in figs. 5-6) having a free end including one of said plurality of interchangeable weights (plurality of 18) selectively mounted to said free end (via threads as on 16).
As to claim 14.
D1 discloses wherein each one of said plurality of interchangeable weights (plurality of 18) having a longitudinal groove (i.e. center hole) for securing to said rotating weight longitudinal arm (16 in figs. 5-6).
As to claim 15.
D1 discloses wherein said plurality of interchangeable weights (plurality of 18) includes at least three weights (plurality of 18 has at least 3).
As to claim 19.
D1 discloses a sleep enhancing vibrating system for attaching to a furniture frame (figures), the sleep enhancing bed vibrating system comprising:
a vibration generating device comprising;
a rotating motor (motor 10);
a mounting bracket (fig. 5-6);
a rotating weight longitudinal arm (16 in figs. 5-6);
a plurality of interchangeable weights (plurality of 18);
and a speed controller (rheostat 88);
wherein said mounting bracket (fig. 5-6) fastened to a furniture frame (36 in figs. 5-6);
wherein said rotating motor (motor 10) is a variable speed (per col. 6, ln. 21+) rotating motor (motor 10);
wherein said rotating motor (motor 10) rotates the connected said rotating weight longitudinal arm (16 in figs. 5-6) for producing vibration in the furniture frame (col. 6. Ln. 21+);
wherein said speed controller controls a speed of said variable speed rotating motor (motor 10);
and further wherein said rotating weight longitudinal arm (16 in figs. 5-6) is parallel to the furniture frame (frame 35 extends from 39 toward 50 in a direction parallel to 16) and rotates 360-degrees parallel to the furniture frame (arm 16 spins and is parallel to frame as in fig. 5).
As to claim 20.
D1 discloses a cage (provided by frame and 93 as in fig. 2) mounted to the furniture frame surrounding said rotating motor (motor 10) and said rotating weight longitudinal arm (16 in figs. 5-6).
Claim Rejections - 35 USC § 103
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.
Claims 16-18, as best understood in view of the issues above, are rejected under 35 U.S.C. 103 as being unpatentable over D1 as applied to claim 1.
As to claim 16.
D1 discloses wherein each one of said at least three weights (plurality of 18) having different weights (fig. 5 shows a plurality of 18 which appear to be 6 in number and taking one of 18 as a first weight, two of 18 as a second weight and three or more of 18 as a third weight then the limitation is met as 1<2<3+), wherein said different weights (plurality of 18) includes a first weight, a second weight, and a third weights (fig. 5 shows a plurality of 18 which appear to be 6 in number and taking one of 18 as a first weight, two of 18 as a second weight and three or more of 18 as a third weight then the limitation is met as 1<2<3+), but does not explicitly disclose: further wherein said at least three weights including a weight from 0.1 kg to 1.5 kg.
At the top of MPEP 2144.04, it explains that various modifications, including changes in size and proportion, are “common practices which the court has held normally require only ordinary skill in the art and hence are considered routine expedients.” Specifically, §§IV. A cites, Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), wherein the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
The applicant has not disclosed that having the device with the claimed dimensions solves any stated problem or is for any particular purpose above the fact that the dimensions increase vibration per Eq. (1), see explanation for claim 8, as is known in the art. Further, there is no readily apparent significance or advantage to this limitation. Thus, a device having the claimed relative dimensions would not perform differently than the prior art device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of D1 to have the claimed dimensions, because this modification does not patentably distinguish the claimed device, nor cause the device to perform differently, and thus the modification of the dimensions would have been obvious. It merely provides a desired level of vibratory force as represented by Eq. (1).
As to claim 17.
D1 discloses wherein said first weight is less than said second weight and said second weight is less than said third weight (fig. 5 shows a plurality of 18 which appear to be 6 in number and taking one of 18 as a first weight, two of 18 as a second weight and three or more of 18 as a third weight then the limitation is met as 1<2<3+), and further wherein when said rotating weight longitudinal arm (16 in figs. 5-6) is rotating said first weight produces a first intensity of vibration, said second weight produces a second intensity of vibration, and said third weight produces a third intensity of vibration (see explanation for claim 8).
As to claim 18. See explanation for claim 9.
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SPE 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
J. T. Newton, Esq.Primary Examiner, Art Unit 3673
/J. Todd Newton/Primary Examiner, Art Unit 3673 18 September 2025