DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
Regarding claim 14, the limitation “a cavity under the blanket configured to accommodate anatomy of a user” is recited. For the purposes of examination an “anatomy of a user” is considered in light of applicant’s specification “In any example, expandable members may comprise any volume, dimension, geometry, etc” [0046] and “the cavity configured to accommodate anatomy of a user” [0010] alongside “In FIG. 9B, an example of the cavity or space generated by the lift system is shown”, such figure does not demonstrate “the expandable chamber 425 may be configured to contact the user’s feet and support the space 431 to accommodate the user’s feet” [0055]. For the purposes of examination, it is considered at a minimum that the feet are generally accommodated narratively but that a cavity or depression is produced by the operation.
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) 1-4, 6-9, 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borgman (U.S. Pub. No. 20190262201) in view of Lee (U.S. Pub. No. 20110067178).
Regarding claim 1, Borgman discloses (FIGS. 1-2, 5-6, 11-16 and 40-47) a bedding elevation device (As conveyed through FIGS. 1-2, 5-6, 11-16, and 40-47) comprising: a base (correspondent 30; FIG. 2) configured to be positioned ([0247]: “microclimate system 12 mounted on a frame structure 14 that supports the microclimate system 12 above a floor 11”); one or more expandable chambers configured to lift (as illustrated between FIGS. 40-47), each of the one or more expandable members in operable communication with the base; and an expansion system (202; FIG. 6) configured to expand the one or more expandable chambers. It should be understood the embodiment is primarily kept to FIGS. 1-2, 5-6, and 11-16, however, FIGS. 40-44 demonstrate operation of the air bladders and clarifies in [0315] and [0318] the support surface “may be any one of the support surfaces described in FIGS. 1-33”.
However, Borgman does not explicitly disclose wherein the base is configured to be positioned under a blanket and the one or more expandable chambers configured to lift the blanket.
Regardless, Lee teaches (FIGS. 1-2, [0044]) an inflatable/expanding chamber bed assembly (as illustrated in FIG. 1-2), with a base (bottoms surface of 110; FIG. 1-2), and wherein the base is configured to be positioned under a blanket and the one or more expandable chambers configured to lift the blanket (As set forth in [0044]: “a blanket is covered on the user sitting or lying on the mat body 110”).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated and combined the blanket of Lee into Borgman where the results would have been predictable as both Borgman and Lee are concerned with pump/pressurized bedding assemblies for support thereon (Borgman: FIGS. 1-2, 5, and 40-44/ Lee: FIGS. 1-2). Where the blanket of Lee would continue to facilitate heat management therewith, while Borgman would continue to avail support of the user thereon and microclimate therewith. Where further Lee acknowledges “it is possible to minimize heat loss and reduce energy consumption while increasing heating efficiency by eliminating a need for heating the overall space of the room, when a blanket is covered on the user sitting or lying on the mat body 110” [0044]. Therefore, by using a blanket the overall energy consumption of the room may be reduced by using a blanket with the system of Borgman. Where in use such blanket on Borgman would thus avail a base so configured to be positioned under a blanket (with the blanket atop the person where the person is atop the base) and the one or more expandable chambers configured to lift the blanket (as would occur in the lifting of the user that the blanket is under).
Regarding claim 2, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-48) the bedding elevation device of claim 1, wherein one of the one or more expandable chambers is configured to contact a user. Where such contact is both directly in FIGS. 45 and 46-48; as clearly demonstrated in FIGS. 45-47; and in the alternative: such expandable chambers are indirectly contacting as illustrated in FIGS. 40-44, where “contact” may be understood to be interpreted as at least “immediate proximity or association”, Dictionary.com: “contact”, to which such immediate proximity or association is provided by reflecting movements of the person associative to the expandable chambers. Where it is considered applicant particularly cites in [0102] “when a feature or element is referred to as being "directly on" another feature or element, there are no intervening features or elements present. It will also be understood that, when a feature or element is referred to as being "connected", "attached" or "coupled" to another feature or element, it can be directly connected, attached or coupled to the other feature or element or intervening features or elements may be present. In contrast, when a feature or element is referred to as being "directly connected", "directly attached" or "directly coupled" to another feature or element, there are no intervening features or elements present” and further considers in [0046]: “Some examples of a contacting surface material may be a fabric.. that can be configured to transfer heat from inside the expandable chamber to the user”; therefore, a contact of proximity is considered within the broadest reasonable interpretation. Where Borgman elucidates in [0406] elements from different embodiments may be used together.
Regarding claim 3, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding elevation device of claim 1, further comprising an air routing system configured to direct a flow of air from the expansion system to the one or more expandable chambers (as clarified in [0260]: “blower 202 is fluidly coupled to the microclimate system 12 and the bladders… As described above valves may be positioned within the blower 202 or the microclimate system 12 to control the flow of air to one of the microclimate system 12, the bladders” and further elucidated in [0251]: housing 52 may include a valve system to selectively provide air flow to one of the microclimate system 12 or the bladders”).
Regarding claim 4, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding elevation device of claim 1, wherein the base comprises one or more valves in communication with each of the one or more expandable members (As conveyed through FIGS. 5-6 and 40-44, further clarified in [0251]: “housing 52 may include a valve system to selectively provide air flow to one of the microclimate system 12 or the bladders”), the one or more valves configured to control a flow of air from the expansion system to the one or more expandable chambers (as set forth in [0251]).
Regarding claim 6, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding elevation device of claim 1, further comprising one or more therapeutic elements configured to supply heat, cooling, vibration, or electrical stimulation to the user (as set forth in [0271]: “the microclimate system 12, heaters, and any therapy that may vibrate or pulse the support surface 250” availing at least heating, and vibration, [0248]: “air box (not shown) may be coupled to the support surface 16 to provide conditioned air to the support surface 16 in order to cool and dry the interface between a patient and the support surface 16”, and [0359] concerning pulses/impulses that provide a form of electrically driven stimulation for percussion therapy).
Regarding claim 7, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding elevation device of claim 1, wherein the one or more expandable members comprise a first expandable chamber configured to elevate the blanket and a second expandable chamber configured to contact the user (as eminently demonstrated in FIGS. 40 and 41 with deference to [0315] and correspondence to FIGS. 1-33, wherein there is provided at least four expandable chambers (1128a-1128d), that are capable of individual motion, and where motion of either will address both contact of the user and elevate the blanket the user is underneath in correspondence to Lee as set forth in the combination previously).
Regarding claim 8, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding elevation device of claim 1, wherein the expansion system comprises a pump (202; FIG. 6, clarified in [0260]) in communication with the base (As illustrated in FIG. 6), the pump configured to supply air pressure to the one or more expandable chambers through the base (as illustrated in FIG. 6, and further conveyed through FIGS. 2, 5, and 40-44, clarified in [0260]: “blower 202 is fluidly coupled to the microclimate system 12 and the bladders”).
Regarding claim 9, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding elevation device of claim 1, wherein the base comprises a first attachment element configured to engage an attachment element on the one or more expandable members (Where [0205] clarifies “the therapeutic layer and protective layer coupled to the foam base with a fastener” that establishes a first attachment element (a fastener) configured to engage an attachment element on the one or more expandable members (by the ‘therapeutic layer; where [0363] establishes such fasteners as “snaps, zippers, buckles, etc” that necessitate a first attachment element (a male component or compliment), and an attachment element on the expandable member (a female or complimenting element)). Where Borgman elucidates in [0406] elements from different embodiments may be used together.
Regarding claim 12, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding elevation device of claim 1, wherein the expandable members are configured to transition from an expanded state to a retracted state (as conveyed through FIGS. 40-44).
Regarding claim 13, Borgman in view of Lee discloses (FIGS. 1, 11-16 and 40-44) a bed lifting system (As conveyed through FIGS. 1-2, 5, 11-16, and 40-44) comprising: a base (correspondent 1214; FIG. 42-43) positionable on a bed (as illustrated between FIG. 1 and 2, [0247]: “microclimate system 12 mounted on a frame structure 14 that supports the microclimate system 12 above a floor 11”);at least one expandable member comprising an attachment element (at least coverlet 40 FIG. 1 and explained in [0249]) configured to engaged the base ([0249]: coverlet encasing the topper 20 and lower ticking 22; FIG. 2); and an expansion system (202; FIG. 6) configured to transition of the at least one expandable member between the expanded configuration and the compressed configuration (as illustrated between FIGS. 40-44). It should be understood the embodiment is primarily kept to FIGS. 1-2, 5-6, and 11-16, however, FIGS. 40-44 demonstrate operation of the air bladders and clarifies in [0315] and [0318] the support surface “may be any one of the support surfaces described in FIGS. 1-33”.
However, Borgman does not explicitly disclose wherein the base is configured to be positioned under a blanket and the one or more expandable chambers configured to lift the blanket.
Regardless, Lee teaches (FIGS. 1-2, [0044]) an inflatable/expanding chamber bed assembly (as illustrated in FIG. 1-2), with a base (bottoms surface of 110; FIG. 1-2), and wherein the base is configured to be positioned under a blanket and the one or more expandable chambers configured to lift the blanket (As set forth in [0044]: “a blanket is covered on the user sitting or lying on the mat body 110”).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated and combined the blanket of Lee into Borgman where the results would have been predictable as both Borgman and Lee are concerned with pump/pressurized bedding assemblies for support thereon (Borgman: FIGS. 1-2, 5, and 40-44/ Lee: FIGS. 1-2). Where the blanket of Lee would continue to facilitate heat management therewith, while Borgman would continue to avail support of the user thereon and microclimate therewith. Where further Lee acknowledges “it is possible to minimize heat loss and reduce energy consumption while increasing heating efficiency by eliminating a need for heating the overall space of the room, when a blanket is covered on the user sitting or lying on the mat body 110” [0044]. Therefore, by using a blanket the overall energy consumption of the room may be reduced by using a blanket with the system of Borgman. Where in use such blanket on Borgman would thus avail a base so configured to be positioned under a blanket (with the blanket atop the person where the person is atop the base) and the one or more expandable chambers configured to lift the blanket (as would occur in the lifting of the user that the blanket is under).
Regarding claim 14, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding lift system of claim 13, wherein the at least one expandable member is configured to provide a cavity under the blanket configured to accommodate anatomy of a user (Where as illustrated in FIGS. 42-43 particularly, the bed is able to operate to provide a cavity (of which a blanket is provided over by the combination of Lee) such that an anatomy of the user is accommodated to include a foot as being lower than prior and more relieved therein).
Regarding claim 15, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding lift system of claim 13, wherein the expansion system comprises a pump in fluid communication with the base, the pump configured to expand the at least one expandable member with a fluid.
Regarding claim 16, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding lift system of claim 13, wherein the at least one expandable member is coupled to a valve on the base (As conveyed through FIGS. 5-6 and 40-44, further clarified in [0251]: “housing 52 may include a valve system to selectively provide air flow to one of the microclimate system 12 or the bladders”), the valve configured to control a flow of air into the at least one expandable member ([0251]).
Regarding claim 17, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding lift system of claim 13, further configured to adjust the temperature of an exterior surface of the at least one expandable member ([0271]: “for example, the microclimate system 12, heaters, and any therapy that may vibrate or pulse the support surface 250” and [0279]: “foot warmer 412 is illustrated in FIG. 9 as being incorporated into the support surface 250. However, the foot warmer 412 may be an additional component that is positioned on the support surface 250”).
Regarding claim 18, Borgman in view of Lee discloses (Borgman: FIGS. 1-2, 5-6, 11-16 and 40-44) the bedding lift system of claim 13, the at least one expandable member further comprising a therapeutic element configured to provide vibration or electronic stimulation when in contact with a user (as clarified in at least [0271]: “the microclimate system 12, heaters, and any therapy that may vibrate or pulse the support surface 250” including at least vibrators, and alternatively [0359] concerning “the control unit 2290 may provide percussion therapy by sending impulses or vibrations to the bladders 2270” where such percussion therapy would provide electronic stimulation, electronically driven and pulsed stimulation).
Claim(s) 5 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borgman in view of Lee in further view of Brzenchek et al. (U.S. Pub. No. 20170239131); hereafter “Brzenchek”.
Regarding claim 5, Borgman in view of Lee discloses (Borgman: FIGS. 1, 5-6. 11-16 and 40-44) the bedding elevation device of claim 1, wherein the expansion system comprises a control unit ([0055]: “A therapeutic layer may be positioned on the mattress layer and may have a plurality of bladders that are configured to inflate. A protective layer may be positioned over the therapeutic layer. A control unit may be configured to inflate the therapeutic layer”) in communication with a controller ([0272]: “patient pendant enables the patient to individually control various comfort features of the support surface”) configured to control expansion and deflation of each of the one or more expandable members (as set forth in [0272]-[0277] and [0279], as portrayed in FIGS. 11-12 of various operable surfaces firmnesses/softnesses).
However, while Borgman does provide a pendant (FIGS. 11-12; clarified in [0272]-[0275]), Borgman does not explicitly disclose that the control unit and controller of the expansion system is in wireless communication in particular.
Regardless, Brzenchek teaches (FIGS. 7-9) a bed assembly with a pendant controller that is wirelessly connected (as clarified in [0061]: “a second user control panel 67, which is provided on a handheld control unit which is sometimes referred to in the art as a pendant” and [0063]: “GUI 142 is provided on a hand-held device such as a tablet, phone, pod or pendant that communicates via a wired or wireless connection with control circuitry 98),
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated the wireless operation means of Brzenchek ([0061] and [0063]) into the pendant operating means of Borgman. Where the results would have been predictable as both Borgman and Brzenchek are concerned with articulated bedding assembled both operated by pendants (Borgman: [0016] and [0272]/ Brzenchek: [0061] and [0063]). Where it is considered that it would be advantageous to utilize a wireless pendant as Brzenchek avails as such wireless nature would prevent tangling with any lines, leads or tubes on an accommodated patient that would improve comfort and ease of use of the apparatus over a wired pendant/controller.
Regarding claim 19, Borgman in view of Lee discloses (Borgman: FIGS. 1, 5-6, 11-16 and 40-44) the bedding lift system of claim 13, wherein the expansion system comprises a control unit ([0055]) in communication with a mobile device ([0272]: a pendent is a mobile device in the broadest reasonable sense as a small, handheld computer), the control unit being configured to control the transition between a compressed configuration and expanded configuration (As conveyed through FIGS. 40-44 as operable lifting states, with deference to [0315] and [0318]); and a GPS locator configured to provide the location of the system (as clarified in [0281]: “transmitter 504 may include a radio-frequency identification tag to identify the support surface 250 at a remote location” wherein it is considered radio frequency identification to identify at a remote location would constitute a basic form of GPS under analogous LORAN radio location identification operations).
However, while Borgman does provide a mobile device in the form of a pendant (FIGS. 11-12; clarified in [0272]-[0275]), Borgman does not explicitly disclose that the control unit and controller of the expansion system is in wireless communication in particular.
Regardless, Brzenchek teaches (FIGS. 7-9) a bed assembly with a pendant controller that is wirelessly connected (as clarified in [0061]: “a second user control panel 67, which is provided on a handheld control unit which is sometimes referred to in the art as a pendant” and [0063]: “GUI 142 is provided on a hand-held device such as a tablet, phone, pod or pendant that communicates via a wired or wireless connection with control circuitry 98),
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated the wireless operation means of Brzenchek ([0061] and [0063]) into the pendant operating means of Borgman. Where the results would have been predictable as both Borgman and Brzenchek are concerned with articulated bedding assemblies both operated by pendants (Borgman: [0016] and [0272]/ Brzenchek: [0061] and [0063]). Where it is considered that it would be advantageous to utilize a wireless pendant as Brzenchek avails as such wireless nature would prevent tangling with any lines, leads or tubes on an accommodated patient that would improve comfort and ease of use of the apparatus over a wired pendant/controller.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borgman in view of Lee in further view of Boso et al. (U.S. Pub. No. 20030163874); hereafter “Boso”.
Regarding claim 10, Borgman in view of Lee discloses (Borgman: FIGS. 1, 5-6, 11-16 and 40-44) the bedding elevation device of claim 1.
However, while Borgman does note an arbitrary mounting means [0247], Borgman does not explicitly disclose further comprising a strap in communication with the base, the strap configured to hold the base to a bed.
Regardless, Boso teaches a bedding assembly that utilizes a fastener for its topper to the base thereof in the form of a strap ([0004]: “Known… using hook and loop fasteners, zippers, elastic straps or the like”
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated the straps of Boso into Borgman, where the results would have been predictable, where Borgman particularly acknowledges an (arbitrary) mounting means in [00247] “The bed 10 includes a microclimate system 12 mounted on a frame structure 14”, and Boso acknowledges mounting means including straps is known to the art of securing bedding elements together [0004].
Claim(s) 11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borgman in view of Lee in further view of Augustine et al. (U.S. Pub. No. 20150366367); hereafter “Augustine”.
Regarding claim 11, Borgman in view of Lee discloses (Borgman: FIGS. 1, 5-6, 11-16 and 40-44 and 81) the bedding elevation device of claim 1, further comprising an attachment layer (correspondent the zippers: [0019]) positionable between a surface of a bed and a fitted sheet (wherein between is understood to be “amongst”; Merriam Webster: “between”), wherein the attachment layer is configured to engage the base positioned on top of the fitted sheet (by enclosing and securing the base and tickings thereof with the therapeutic layers/topper; correspondent between FIGS. 1-2, 40-44, and 81).
However, Borgman does not explicitly disclose wherein the attachment layer is magnetic, and the magnetic attachment layer is configured to magnetically engage the base positioned on top of the fitted sheet.
Regardless, Augustine teaches (FIGS. 11) an inflatable base for a bed with air bladders/expandable members thereof (108; [0169]), and wherein a magnetic attachment layer is provided ([0135]: “pad can be secured to a patient, about a patient, or to a surgical table with one or more magnets 574 and/or ferrous metal pieces”).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated the magnetic fastening means of Augustine into Borgman (as stated in [0135]/0169] of Augustine and as stated in [0019] of Borgman). Where the results would have been predictable as both Borgman and Augustin are concerned with patient bedding assemblies with articulating bladder/expandable members thereof (Augustine: [0169]/Borgman: [FIGS. 2, 5-6, and 40-44). Where additionally, Augustine acknowledges in [0135] “The metal piece 576 and the magnet 574 are both contained between the sheets 504, 506 and therefore do not complicate the cleaning of the warming blanket or pad”. Whereby similar incorporation into Borgman would improve the cleanability of Borgman by reducing zippers and other fastening securement means that can collect insult in the teeth therein, thereby improving the overall cleanliness of the assembly of Borgman and the relatively safety by availing a more sterile coverlet.
Regarding claim 20, Borgman in view of Lee discloses (Borgman: FIGS. 1, 5-6, 11-16 and 40-44, and 81) the bedding lift system of claim 13, further comprising an attachment layer (correspondent zippers [0055]) positionable between a surface of a bed and a fitted sheet (wherein between is understood to be “amongst”; Merriam Webster: “between”), wherein the attachment layer is configured to engage the base positioned on top of the fitted sheet (by enclosing and securing the base and tickings thereof with the therapeutic layers/topper; correspondent between FIGS. 1-2, 40-44, and 81).
However, Borgman does not explicitly disclose wherein the attachment layer is configured to specifically magnetically engage the base positioned on top of the fitted sheet
Regardless, Augustine teaches (FIGS. 11) an inflatable base for a bed with air bladders/expandable members thereof (108; [0169]), and wherein a magnetic attachment layer is provided ([0135]: “pad can be secured to a patient, about a patient, or to a surgical table with one or more magnets 574 and/or ferrous metal pieces”).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated the magnetic fastening means of Augustine into Borgman (as stated in [0135]/0169] of Augustine and as stated in [0019] of Borgman). Where the results would have been predictable as both Borgman and Augustin are concerned with patient bedding assemblies with articulating bladder/expandable members thereof (Augustine: [0169]/Borgman: [FIGS. 2, 5-6, and 40-44). Where additionally, Augustine acknowledges in [0135] “The metal piece 576 and the magnet 574 are both contained between the sheets 504, 506 and therefore do not complicate the cleaning of the warming blanket or pad”. Whereby similar incorporation into Borgman would improve the cleanability of Borgman by reducing zippers and other fastening securement means that can collect insult in the teeth therein, thereby improving the overall cleanliness of the assembly of Borgman and the relatively safety by availing a more sterile coverlet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited on the Notice of References Cited (PTO-892) were considered pertinent because they address the state of the art concerning aircell/chamber platforms and supports, configurations with bedding and covers, and features additional thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke F Hall whose telephone number is (571)272-5996. The examiner can normally be reached M-F 8am-5pm.
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/LUKE HALL/Examiner, Art Unit 3673
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678