DETAILED ACTION
This office action is in response to the application / remarks and amendments filed on 9/9/2024 and 6/29/2026. Claims 1-16 are pending. Claims 1-16 are rejected.
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 .
Restrictions and Effective Filing Date
Applicant’s election of Invention I, directed toward “A device or system to control the climate of one or more areas of a bed," with "intra-room flow channels", in the reply filed on 6/29/2026 is acknowledged.
Applicant’s claims 7-8 are directed toward modular sections. There is no discussion of modular sections in the priority documents to which this application claims an earlier filing date. Therefore, the subject matter of claims 7-8 directed toward “modular intra-room flow channels” is given the priority date of 9/9/2024. See MPEP §201.08.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention; or
(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 1-4, 6-7, 9, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2011/0115635 to Petrovski et al. (“Petrovski”).
Claim 1. Petrovski discloses:
A device or system to control the climate of one or more areas of a bed (Petrovski Figs. 16-20) comprising: one or more intra-room flow channels (Petrovski, Fig. 18, #2020) which conduct a flowable substance between a first component and a second component in a bedroom; wherein the first component is selected from the group consisting of (a) an airflow vent though which air enters the bedroom from a central HVAC system (Petrovski, Fig. 18 and paragraph [0161]), (b) an airflow vent through which air exits the bedroom to a central HVAC system, and (c) an air conditioner mounted in a bedroom window; and wherein the second component is a bedding component; and one or more intra-bed flow channels (see at least Petrovski, Fig. 2A, #13’ and 18’) which conduct a flowable substance through the bedding component in order to change the climate of one or more areas of a bed.
Claim 2. The device or system in claim 1 wherein the flowable substance conducted by one or more intra-room flow channels is air and the flowable substance conducted by one or more intra-bed flow channels is also air (Petrovski paragraph [0074]: “air or other fluids”)
Claim 3. The device or system in claim 1 wherein the flowable substance conducted by one or more intra-room flow channels is a liquid and the flowable substance conducted by one or more intra-bed flow channels is also the liquid (Petrovski paragraph [0074]: “air or other fluids”)
Claim 4. The device or system in claim 1 wherein the flowable substance conducted by one or more intra-room flow channels is air and the flowable substance conducted by one or more intra-bed flow channels is a liquid (Petrovski paragraph [0074]: “air or other fluids”; one of ordinary skill in the art would understand “other fluids” to mean a liquid refrigerant).
Claim 6. The device or system in claim 1 wherein the device or system further comprises a valve which changes the proportion of air from a central HVAC vent which flows into the intra-room flow channel versus the proportion of air from the central HVAC which flows into ambient air in the bedroom (Petrovitsky paragraphs [0172] discloses “The interconnecting ducts can include one or more valves (e.g. modulating valves, bleed valves, bypass valves, etc.) or other devices to selectively limit the volume of air being delivered to the bed assembly.”)
Claim 7. The device or system in claim 1 wherein the one or more intra-room flow channels comprise one or more modular sections (Petrovski paragraph [0088] discloses the use of modular components).
Claim 9. The device or system in claim 1 wherein the bedding component is selected from the group consisting of: bed mattress, bed mattress pad or topper, lower/fitted bed sheet, upper bed sheet, blanket, comforter, quilt, and other specialized bedding (Petrovski Fig. 6A discloses a bed).
Claim 14. The device or system in claim 1 wherein the device or system further comprises a plurality of valves which are in fluid communication with the one or more intra-bed flow channels, wherein the valves are manually opened or closed by turning a knob, pivoting a lever, rotating a threaded member, sliding a strip, or placing a cap (Petrovitsky paragraphs [0172] discloses “The interconnecting ducts can include one or more valves (e.g. modulating valves, bleed valves, bypass valves, etc.) or other devices to selectively limit the volume of air being delivered to the bed assembly.”)
Claim 15. The device or system in claim 1 wherein the device or system further comprises a plurality of valves in fluid communication with the one or more intra-bed flow channels, wherein the valves are automatically opened or closed by an electric actuator, hydraulic actuator, or pneumatic actuator (Petrovitsky paragraphs [0172] discloses “The interconnecting ducts can include one or more valves (e.g. modulating valves, bleed valves, bypass valves, etc.) or other devices to selectively limit the volume of air being delivered to the bed assembly.” And in paragraph [0173] discloses “in some arrangements, the air being delivered to the bed's climate control system can be regulated (e.g., by dampers, valves, bleed-offs, modulators, etc.)”; one of ordinary skill in the art would understand this to be a reference to a Variable Air Volume unit or VAV, which is commonly used in HVAC systems to automatically adjust the volume of air flow).
Claim 16. The device or system in claim 1 wherein the device or system further comprises one or more sensors selected from the group consisting of: temperature sensor, pressure sensor, force sensor, moisture sensor, humidity sensor, motion sensor, sound sensor, light sensor, optical sensor, infrared sensor, spectroscopic sensor, electromagnetic energy sensor, EEG sensor, and EMG sensor (Petrovski discloses the use of temperature sensors, as well as various other sensors, in paragraph [0006]).
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 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 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 3 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2011/0115635 to Petrovski et al. (“Petrovski”) in view of US Patent 2,978,225 to Dallas.
Claim 3. The device or system in claim 1 wherein the flowable substance conducted by one or more intra-room flow channels is a liquid and the flowable substance conducted by one or more intra-bed flow channels is also the liquid (Petrovski paragraph [0074] discloses “air or other fluids”, but does not provide details; Dallas explicitly teaches a blanket that circulates a liquid in both intra-room tubes 22, 24 , and in intra bed tubes 18; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the liquid tubes of Dallas since a liquid refrigerant has a greater heat capacity than air and therefore a greater ability to add or remove heat from the system).
Claim 10. The device or system in claim 1 wherein one or more intra-bed flow channels span at least a portion of the perimeter of the bed (see Dallas Fig. 1).
Claim 11. The device or system in claim 10 wherein one or more intra-bed flow channels span a right side, a left side, and a foot side of the perimeter of the bed (see Dallas Fig. 1).
Claim 12. The device or system in claim 10 wherein a bedding component has longitudinal fabric channels along at least a portion of the perimeter of the bed into which one or more intra-bed flow channels are inserted. (see Dallas Fig. 1; fabric panels are stitched together along parallel lines as shown at 30, which provide Applicant’s claimed fabric channels).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2011/0115635 to Petrovski et al. (“Petrovski”) in view of US Patent 4,602,486 to Weinstein.
Claim 5. The device or system in claim 1 wherein the flowable substance conducted by one or more intra-room flow channels is a liquid and the flowable substance conducted by one or more intra-bed flow channels is air (Weinstein discloses a heat exchanger in which a liquid is used to cool air that is then directed into a bed; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use a system for the bed of Petrovski since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results, and additionally doing so is more efficient from a thermal/energy standpoint, as noted by Weinstein column 1, lines 46-47: “operating costs can be reduced if the cooling of unoccupied portions of a room is eliminated”).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2011/0115635 to Petrovski et al. (“Petrovski”) in view of US Patent 11,304,534 to Carreon.
Claim 8. The device or system in claim 7 wherein the one or more intra-room flow channels comprise one or more modular sections selected from the group consisting of: a first type of intra-room flow channel modular section which spans straight along a wall; a second type of intra-room flow channel modular section which spans around a corner where two walls intersect; and a third type of intra-room flow channel modular section which at least partially covers a central HVAC vent (Petrovski does not discuss the claims modular section details; however, Carreon Fig. 1 teaches the use of hoses #46 that has a corner and reads on Applicant’s “spans around a corner” and rigid hose #54 that reads on Applicant’s “”spans straight along a wall”; Petrovski discloses an HVAC register covering modular unit in at least Fig. 18; regarding “modular sections”, Petrovski paragraph [0088] anticipates the use of modular pieces; moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the tubes #46 and 54 of Carreon separable or modular, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art; In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). See MPEP §2144.04(V)(C).)
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2011/0115635 to Petrovski et al. (“Petrovski”) in view of US Patent 4,884,304 to Elkins.
Claim 12. The device or system in claim 10 wherein a bedding component has longitudinal fabric channels along at least a portion of the perimeter of the bed into which one or more intra-bed flow channels are inserted. (Petrovski does not disclose fabric channels, Elkins discloses nylon fabric with channels “to form the liquid flow channels”; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the fabric channels of Elkins in order to allow for the use of liquid flow within the apparatus, and since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results).
Claim 13. The device or system in claim 12 wherein the bedding component is a lower/fitted bed sheet with longitudinal fabric channels around its right side, its left side, and its foot side and wherein one or more intra-bed flow channels are inserted into the longitudinal fabric channels (see Elkins Figs. 1-4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MYLES A THROOP whose telephone number is (571)270-5006. The examiner can normally be reached 8:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. 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.
/MYLES A THROOP/ Primary Examiner, Art Unit 3679
Prosecution Insights