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 .
Election/Restrictions
Previously withdrawn claim 38 is rejoined and examined herein. The previous language except for the preamble of claim 38 has been completely cancelled and amended herein. The new claim 38 herein is nearly identical in scope now to amended claim 1, and covers the same subject matter with the addition of scope of the “control system” therein. Claim 38 is entirely amended, and as such any new grounds rejection is final as being necessitated by amendment.
Claim 41 stands withdrawn.
Response to Amendment
Applicant’s Amendments, filed 7/18/2026, to claims 1, 4, 6, 9-10, 12-14, 17, 24, 28, 32, 38, 41 acknowledged by Examiner. Additionally, applicant cancelled claims 2-3, 5, 8, 11, 15-16, 18-23, 25-27, 29-31, 33-37, 39-40, 42-51, and added claim 51.
Claims 1, 4, 6-7, 9-10, 12-14, 17, 24, 28, 32, 38, 41, 52 are now pending.
Claim 41 stands withdrawn according to the previous restriction requirement discussed in the last action.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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. A new reference of Vaidya has been provided for modifying the connectors of Matula to be flexible connectors. A new reference of Rogachevsky has been provided for independently controlling left and right bladder partitions of a neck bladder traction device.
Applicant's arguments filed 7/18/2026 have been fully considered but they are not persuasive. Applicant’s arguments against Matula in regards to the amended claim 1 rejection are not found persuasive as a new interpretation of Matula has been provided in claim 1 below as necessitated by amendments. As seen in the rejection below, the Matula embodiment (Fig. 3D) provides for left/right actuators 340 positioned forward of rearward connectors 340 which is not interpreted as the primary embodiment. Matula Fig. 3A is now interpreted as the second teaching embodiment for interchanging the torsion springs/actuators 340 to be instead be inflatable bellow actuators (see rejection below). Other argued issues of Matula are now taught by the above mention references of Rogachevsky and Vaidya.
Examiner’s Notes
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
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 12-14 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 12 and 13 recites the limitation "based at least in part on data from the sensor system". Claim 6 as amended now also recites “based at least in part on data from the sensor system”, wherein it is unclear as written if these “data” recitations in 12 and 13 are meant to be the same or different “data” from the sensor system. Examiner recommends usage of antecedence “said”/”the” when referring to the data in 12 and 13.
Claim 14 rejected as being dependent on claim 12-13.
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 17, 24, 28, 32, 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matula (US 20150128956 A1) in view of Vaidya (WO 2017115266 A1) and Rogachevsky (US 5752927 A).
Regarding claim 1, Matula discloses a system 330 for use in connection with a patient 100 (Fig. 1-4, see [0028] wherein all the shown embodiments are interchangeable and combinable with one another, [0017-0018] neck extension device 330, patient/subject 100), comprising:
a positioning device 330 (Fig. 3D) comprising a support 332/334 comprising a lower section 334 configured to contact a chest region of the user (Fig. 1-4, 3D, [0027], bottom surface 338 of second member 334 contacting a chest region of the user) and an upper section 332 comprising one or more contact members 336 (Fig. 1-4, 3D, [0027], the top surface 336 being a contact member of first member 332 for touching the mandible area of the head of a user),
a first connector 340-1 which movably connects the upper section 332 to the lower section 334 positioned at a rearward section of the support on a first lateral side of the support and a second connector 340-2 which movably connects the upper section 332 to the lower section 334 positioned at a rearward section of the support on a second lateral side of the support (Fig. 3D, there are first and second hinges 340-1/2 on first and second lateral sides of the support at a rearward section thereof);
at least a first actuator 342-1 being positioned forward of the first connector 340-1 on the first lateral side of the support and being connected between the lower section 334 and the upper section 332 (Fig. 3D and [0027], the torsion springs 342 being actuators positioned forward of the connectors 340 on the corresponding lateral side of the support and connected between the lower and upper sections 334/332),
at least a second actuator 342-2 being positioned forward of the second connector 340-2 on the second lateral side of the support and being connected between the lower section 334 and the upper section 332 (Fig. 3D and [0027], the torsion springs 342 being actuators positioned forward of the connectors 340 on the corresponding lateral side of the support and connected between the lower and upper sections 334/332).
wherein these first and second actuators 342 will control a position of at least one of the user's head, chin, or neck a determined manner to maintain airway patency (Fig. 3D and [0024-0027]).
Matula does not disclose at least one source of energy in connection with the at least a first actuator and with the at least a second actuator, a control system in operative connection with the at least a first actuator, with the at least a second actuator, and with the at least one source of energy to control a state of the at least a first actuator and a state of the at least a second actuator via control of energy provided thereto to control a position of a first lateral side of the upper section relative to the lower section of a position of the second lateral side of the upper section relative to the lower section, and thereby to control a position of at least one of the user's head, chin, or neck a determined manner to maintain airway patency.
However, Matula teaches another embodiment (Fig. 2 and Fig. 3A) having analogous actuators 304 in connection with the one or more movable contact members 202/204 (Fig. 3A and [0024] the actuator herein is an inflatable bellows defining the invention between the upper and lower surfaces 202/204, thus being in connection with the movable contact members 202/204),
at least one source of energy in connection with the actuators 304 (see [0024] wherein the actuators 304 are filled by gas/liquid/fluid being a source of mechanical energy, and also provided with electrical energy for using an internal pump);
a control system in operative connection with the actuators 304 and with the at least one source of energy to control a state of the one or more actuators 304 via control of energy provided thereto a position of the first and second lateral sides of the upper section relative to the lower section and thereby to control a position of at least one of the patient's head, chin, or neck a determined manner to maintain airway patency (see [0024] wherein the internal pump of the actuator bellows 304 may be “operated electrically” to increase the pressure within the bellows 304 thereby increasing the separation distance between the chin and chest for opening the airway as discussed in Fig. 4, thus there is implicitly a control system therein controlling the energy being the gas/fluid of the bellows to control the position of the contact members 202/204 being the position of the device on the chin and chest, such control will control the separation of the first and second lateral sides of the upper and lower contact surfaces/members).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted a first and second inflatable bellows 304 of Fig. 3A as actuators in place of the first and second torsional springs 342 of Fig. 3D along with their control systema and source of energy therein in order to provide a neck extension device that is inflatably adjustable via a control system while providing improved support surfaces for chin and chest support ([0024-0027], Fig 3A and 3D) and Matula has provided these embodiments to be combinable, thus being further obvious as being design choice for interchanging such features ([0028] “For example, one or more features described in connection with FIGS. 3A, 3B, 3C, and/or 3D can be combined with, omitted from, and/or interchanged among various embodiments described herein”).
Matula does not disclose the first and second connectors 340 being flexible connectors.
However, Vaidya teaches an analogous system 100 for use of positioning a user’s head for treatment of sleep disorders (Fig. 6, title, Abstract), wherein the system 100 comprises an analogous support comprising an analogous upper section 103 (analogous configured to fit against a chin/head of the user) (Fig. 6) and lower section 102 configured to contact a chest region (Fig. 6), wherein the support comprises analogous first and second flexible connectors 104 which movably connects the upper section 103 to the lower section 102 positioned at a rearward section of the support on the first and second lateral sides therein (Fig. 1-6 and page 5-6, “connecting member 104 may be rigid or flexible”, and page 8 and 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first and second connectors 340 of Matula to be flexible connectors as taught by Vaidya in order to provide an improved hinge connection between the upper and lower supports thereby enabling ease of movement of the upper and lower supports to each other (Vaidya Pages 5-6 and 8-9, also provides flexible connectors being an obvious alternative to rigid connectors).
Matula does not disclose the control system independently control a state of the at least a first actuator and a state of the at least a second actuator, to control a position of a first lateral side of the upper section relative to the lower section independently of a position of the second lateral side of the upper section relative to the lower section.
However, Rogachevsky teaches an analogous inflatable actuator system 10 for providing traction between the chin and chest of the user (Fig. 1a), having analogous upper and lower support sections (Fig. 1-2, top and bottom surfaces of the system against the chin and shoulder/chest region) wherein the inflatable actuator 12 (Abstract, inflatable collar 12) and its control system therein independently control a state of the at least a first actuator and a state of the at least a second actuator (left and right lateral inflatable partitions being first/second actuators, Fig. 1-2), to control a position of a first lateral side of the upper section relative to the lower section independently of a position of the second lateral side of the upper section relative to the lower section (Fig. 2a and Col. 4 line 65 – Col. 5 line 12, “In its preferred embodiment, the device further contains a plurality of second partitions disposed within at least one of the chambers such that this second partitioned chamber contains separately inflatable left and right rear portions, including means for separately inflating and deflating the left and right portions”; thus the right and left actuator sides and its top and bottom support surface left and right portions are independently controllable relative to the other).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the inflatable bellows actuators 304 of Matula as combined and its control system such that the control system independently controls a state of the at least a first actuator and a state of the at least a second actuator, to control a position of a first lateral side of the upper section relative to the lower section independently of a position of the second lateral side of the upper section relative to the lower section as taught by Rogachevsky in order to provide an more customized traction for therapeutic aid to the user depending on their physiological needs (Rogachevsky Fig. 2a and Col. 4 line 65 – Col. 5 line 12).
Regarding claim 17, Matula/Vaidya/Rogachevsky discloses the invention of claim 1.
Matula as combined discloses wherein at least one of the one or more contact members 332 (202/204) is positioned to be placed in contact with at least one of a lower portion of the jaw line of the user and the neck of the user (Fig. 2 and 3D).
Regarding claim 24, Matula/Vaidya/Rogachevsky discloses the invention of claim 1.
Matula as combined discloses the at least one source of energy comprises a pneumatic source of energy ([0024] gas/fluid pneumatically filling the bladder 304 using a pump),
the at least a first actuator 304 comprising a first inflatable system 304 in fluid connection with the pneumatic source of energy, (Fig. 3A and [0024] the actuator 304 is an inflatable bladder and the actuator state is a state of inflation) (Matula as combined has a first actuator 304 being inflatable),
the at least a second actuator 304 comprising a second inflatable system 304 in fluid connection with the pneumatic source of energy (Fig. 3A and [0024] the actuator 304 is an inflatable bladder and the actuator state is a state of inflation) (Matula as combined has a second actuator being inflatable),
and the state of the at least a first actuator and the state of the at least a second actuator, which are independently controlled by the control system, are states of inflation (Fig. 3A and [0024] the actuator 304 is an inflatable bladder and the actuator state is a state of inflation) (Matula as combined as Rogachevsky provides for the first/second inflatable actuators having their state of inflation independently controlled).
Regarding claim 28, Matula/Vaidya/Rogachevsky discloses the invention of claim 24.
Matula as combined discloses wherein at least one of the first the inflatable system and the second inflatable system comprises a plurality of connected inflatable chambers 304, each of the plurality of connected inflatable chambers 304 being formed at least partially of a flexible material (see [0024] and Fig. 3A, wherein there are one or more bellows 304 being inflatable chambers, Fig. 3A shows five bellows/chambers, which are connected as shown, are implicitly formed of flexible material to be able to deflate and expand therein).
Regarding claim 32, Matula/Vaidya/Rogachevsky discloses the invention of claim 28.
Matula as combined discloses wherein two or more of the plurality of connected inflatable chambers 304 (Fig. 3A) are connected in a manner to control inflation of the at least one of the first inflatable system and the second inflatable system (see [0024] and Fig. 3A, wherein the bellows are connected such that the inflation of the system therein is dependent on all of the chambers 304).
Regarding claim 38, Matula discloses a positioning device 330 (Fig. 3D) for use in connection with a user 100 (Fig. 1-4, see [0028] wherein all the shown embodiments are interchangeable and combinable with one another, [0017-0018] neck extension device 330, patient/subject 100), comprising:
a support 332/334 comprising a lower section 334 configured to contact a chest region of the user (Fig. 1-4, 3D, [0027], bottom surface 338 of second member 334 contacting a chest region of the user) and an upper section 332 comprising one or more contact members 336 (Fig. 1-4, 3D, [0027], the top surface 336 being a contact member of first member 332 for touching the mandible area of the head of a user),
a first connector 340-1 which movably connects the upper section 332 to the lower section 334 positioned at a rearward section of the support on a first lateral side of the support and a second connector 340-2 which movably connects the upper section 332 to the lower section 334 positioned at a rearward section of the support on a second lateral side of the support (Fig. 3D, there are first and second hinges 340-1/2 on first and second lateral sides of the support at a rearward section thereof);
at least a first actuator 342-1 being positioned forward of the first connector 340-1 on the first lateral side of the support and being connected between the lower section 334 and the upper section 332 (Fig. 3D and [0027], the torsion springs 342 being actuators positioned forward of the connectors 340 on the corresponding lateral side of the support and connected between the lower and upper sections 334/332),
at least a second actuator 342-2 being positioned forward of the second connector 340-2 on the second lateral side of the support and being connected between the lower section 334 and the upper section 332 (Fig. 3D and [0027], the torsion springs 342 being actuators positioned forward of the connectors 340 on the corresponding lateral side of the support and connected between the lower and upper sections 334/332).
wherein these first and second actuators 342 will control a position of at least one of the user's head, chin, or neck a determined manner to maintain airway patency (Fig. 3D and [0024-0027]).
Matula does not disclose at least one source of energy in connection with the at least a first actuator and with the at least a second actuator, a control system in operative connection with the at least a first actuator, with the at least a second actuator, and with the at least one source of energy to control a state of the at least a first actuator and a state of the at least a second actuator via control of energy provided thereto to control a position of a first lateral side of the upper section relative to the lower section of a position of the second lateral side of the upper section relative to the lower section, and thereby to control a position of at least one of the user's head, chin, or neck a determined manner to maintain airway patency.
However, Matula teaches another embodiment (Fig. 2 and Fig. 3A) having analogous actuators 304 in connection with the one or more movable contact members 202/204 (Fig. 3A and [0024] the actuator herein is an inflatable bellows defining the invention between the upper and lower surfaces 202/204, thus being in connection with the movable contact members 202/204),
at least one source of energy in connection with the actuators 304 (see [0024] wherein the actuators 304 are filled by gas/liquid/fluid being a source of mechanical energy, and also provided with electrical energy for using an internal pump);
a control system in operative connection with the actuators 304 and with the at least one source of energy to control a state of the one or more actuators 304 via control of energy provided thereto a position of the first and second lateral sides of the upper section relative to the lower section and thereby to control a position of at least one of the patient's head, chin, or neck a determined manner to maintain airway patency (see [0024] wherein the internal pump of the actuator bellows 304 may be “operated electrically” to increase the pressure within the bellows 304 thereby increasing the separation distance between the chin and chest for opening the airway as discussed in Fig. 4, thus there is implicitly a control system therein controlling the energy being the gas/fluid of the bellows to control the position of the contact members 202/204 being the position of the device on the chin and chest, such control will control the separation of the first and second lateral sides of the upper and lower contact surfaces/members).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted a first and second inflatable bellows 304 of Fig. 3A as actuators in place of the first and second torsional springs 342 of Fig. 3D along with their control systema and source of energy therein in order to provide a neck extension device that is inflatably adjustable via a control system while providing improved support surfaces for chin and chest support ([0024-0027], Fig 3A and 3D) and Matula has provided these embodiments to be combinable, thus being further obvious as being design choice for interchanging such features ([0028] “For example, one or more features described in connection with FIGS. 3A, 3B, 3C, and/or 3D can be combined with, omitted from, and/or interchanged among various embodiments described herein”).
Matula does not disclose the first and second connectors 340 being flexible connectors.
However, Vaidya teaches an analogous system 100 for use of positioning a user’s head for treatment of sleep disorders (Fig. 6, title, Abstract), wherein the system 100 comprises an analogous support comprising an analogous upper section 103 (analogous configured to fit against a chin/head of the user) (Fig. 6) and lower section 102 configured to contact a chest region (Fig. 6), wherein the support comprises analogous first and second flexible connectors 104 which movably connects the upper section 103 to the lower section 102 positioned at a rearward section of the support on the first and second lateral sides therein (Fig. 1-6 and page 5-6, “connecting member 104 may be rigid or flexible”, and page 8 and 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first and second connectors 340 of Matula to be flexible connectors as taught by Vaidya in order to provide an improved hinge connection between the upper and lower supports thereby enabling ease of movement of the upper and lower supports to each other (Vaidya Pages 5-6 and 8-9, also provides flexible connectors being an obvious alternative to rigid connectors).
Matula does not disclose the control system independently control a state of the at least a first actuator and a state of the at least a second actuator, to control a position of a first lateral side of the upper section relative to the lower section independently of a position of the second lateral side of the upper section relative to the lower section.
However, Rogachevsky teaches an analogous inflatable actuator system 10 for providing traction between the chin and chest of the user (Fig. 1a), having analogous upper and lower support sections (Fig. 1-2, top and bottom surfaces of the system against the chin and shoulder/chest region) wherein the inflatable actuator 12 (Abstract, inflatable collar 12) and its control system therein independently control a state of the at least a first actuator and a state of the at least a second actuator (left and right lateral inflatable partitions being first/second actuators, Fig. 1-2), to control a position of a first lateral side of the upper section relative to the lower section independently of a position of the second lateral side of the upper section relative to the lower section (Fig. 2a and Col. 4 line 65 – Col. 5 line 12, “In its preferred embodiment, the device further contains a plurality of second partitions disposed within at least one of the chambers such that this second partitioned chamber contains separately inflatable left and right rear portions, including means for separately inflating and deflating the left and right portions”; thus the right and left actuator sides and its top and bottom support surface left and right portions are independently controllable relative to the other).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the inflatable bellows actuators 304 of Matula as combined and its control system such that the control system independently controls a state of the at least a first actuator and a state of the at least a second actuator, to control a position of a first lateral side of the upper section relative to the lower section independently of a position of the second lateral side of the upper section relative to the lower section as taught by Rogachevsky in order to provide an more customized traction for therapeutic aid to the user depending on their physiological needs (Rogachevsky Fig. 2a and Col. 4 line 65 – Col. 5 line 12).
Claim(s) 4, 6-7, 9-10, 12-14, is/are rejected under 35 U.S.C. 103 as being unpatentable over Matula (US 20150128956 A1) in view of Vaidya (WO 2017115266 A1) and Rogachevsky (US 5752927 A) in view of Hohenhorst (US 20100294284 A1) and Pinczuk (US 20220273234 A1).
Regarding claim 4, Matula/Vaidya/Rogachevsky discloses the invention of claim 1.
Matula does not disclose wherein the control system comprises a processor system, a memory system in operative connection with the processor system, and at least one algorithm stored in the memory system and executable by the processor system to control the state of the at least a first actuator and the state of the at least a second actuator.
However, Hohenhorst teaches an analogous system for opening an airway 10 (abstract, Fig. 18A-18B and 19A-19B) comprising analogous inflatable actuators 28 (Fig. 18A-18B, [0221]) and inflatable actuators 36 (Fig. 19A-19B, [0224-0226]) for increasing a distance between a chin and chest of a user (see [0221, 0224-0226]) comprising an analogous control system 48 having a processor system (see [0229-0230] the bladders can be inflated based on an automatic control system being a monitor element 48 that processes preprogrammed rules thus having a processor system), further the system of Hohenhorst provides for a memory system in operative connection with the processor system ([0230-0232] present monitored data is compared with best/desired benchmarks which would require a memory in place for keeping these benchmarks recorded), and at least one algorithm stored in the memory system and executable by the processor system to control the state of the one or more movable contact members (see [0229-0232] wherein there are “preprogrammed rules” being implicitly an algorithm therein for controlling the state of the analogous bladders for altering the shape of the device thus its contact members therein for opening the airway of the user, this algorithm being implicitly required to be stored in the memory and executable by the processor systems therein).
Pinczuk further provides an analogous sleep bladder system 180 (Fig. 1-2 and [0076], inflatable pillow) comprising a control system 110 (see [0038-0039]) comprises a processor system 112 (see [0039]), a memory system 114 in operative connection with the processor system 112 (see [0040]), and at least one algorithm stored in the memory system 114 and executable by the processor system 112 (see [0040] “machine readable instructions” being an algorithm) to control the state of the one or more movable contact members (see [0006, 0083] wherein the control system is used to control the bladder/inflatable pillow therein having contact members in contact with a user therein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the electrically operated first and second inflatable bladders actuator 304 of Matula/Vaidya/Rogachevsky with the control systems, memory systems, processing systems, and algorithms as taught by Hohenhorst and Pinczuk in order to dynamically adjust the inflatable bladders for best open airway sleep breathing (Pinczuk [0006-0007] and Hohenhorst [0229]).
Regarding claim 6, Matula/Vaidya/Rogachevsky in view of Hohenhorst and Pinczuk discloses the invention of claim 4.
Hohenhorst further teaches a sensor system 46 comprising one or more sensors 46 in operative connection with the control system, the control system being configured to control the state of at least one of the at least a first actuator and the at least a second actuator based at least in part on data from the sensor system 46 (see [0230]).
Regarding claim 7, Matula/Vaidya/Rogachevsky in view of Hohenhorst and Pinczuk discloses the invention of claim 6.
Hohenhorst further teaches wherein the sensor system 46 comprises at least one of a sound sensor, an oximeter sensor, a carbon dioxide sensor, a position sensor, a breath flow sensor, accelerometer, inclinometer, tilt sensor or a heart rate sensor (see [0230] sensor 46 may be a microphone being a sound sensor).
Regarding claim 9, Matula/Vaidya/Rogachevsky in view of Hohenhorst and Pinczuk discloses the invention of claim 6.
Hohenhorst further teaches the control system is configured to determine at least one of a state of the user's breathing and a position of the user from the data from the sensor system 46 and control at least one of the at least first actuator and the at least a second actuator at least in part on the basis of at least one of the determined state of the user's breathing and the position of the user (see [0230-0232] wherein the sensor 46 determines the state of breathing using the microphone and changes the inflation of the bladder/actuator based on the present state of breathing of the patient).
Regarding claim 10, Matula/Vaidya/Rogachevsky in view of Hohenhorst and Pinczuk discloses the invention of claim 6.
Pinczuk further teaches wherein the at least one algorithm is configured to store a maximum state and a minimum state for the at least a first actuator and the at least a second actuator (see [0083] wherein the algorithm stores a maximum state of the inflatable bladder being 100% inflated and a minimum state of the inflatable bladder being 0% inflated).
Regarding claim 12, Matula/Vaidya/Rogachevsky in view of Hohenhorst and Pinczuk discloses the invention of claim 6.
Hohenhorst further teaches wherein the at least one algorithm is configured to implement feedback control of the state of the at least one of the at least a first actuator and the at least a second actuator based at least in part on data from the sensor system (see [0229-0230] wherein the algorithm relies on sensed data to implement feedback control to the bladders on the basis of sensed data).
Regarding claim 13, Matula/Vaidya/Rogachevsky in view of Hohenhorst and Pinczuk discloses the invention of claim 6.
Pinczuk further teaches wherein the control system comprises at least one machine learning algorithm stored in the memory system and executable by the processor system to alter control of the state of the at least one of the at least a first actuator and the at least a second actuator on the basis of data from the sensor system measured over time (see [01031] wherein the analogous bladder 184 can be controlled using machine learning for optimizing the inflated state over time based on sensed data of the user).
Regarding claim 14, Matula/Vaidya/Rogachevsky in view of Hohenhorst and Pinczuk discloses the invention of claim 6.
Pinczuk further teaches wherein the sensor system includes a sound sensor and the at least one machine learning algorithm is configured to differentiate at least one of snoring from other sounds and between sounds coming from more than one person (see [0103] wherein the sensor system as combined can include an acoustic sensor for snoring working with a machine learning algorithm to monitor snore events compared to waking up/arousals).
Claim(s) 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matula (US 20150128956 A1) in view of Vaidya (WO 2017115266 A1) and Rogachevsky (US 5752927 A), in further view of Rogachevsky (US 20060217647 A1).
Regarding claim 52, Matula/Vaidya/Rogachevsky discloses the invention of claim 1.
Matula does not disclose wherein at least a portion of the upper section is flexible to adapt to the user.
However, Rogachevsky’647 teaches an analogous inflatable neck traction device (Fig. 1A), having an analogous upper section 154 for supporting a user’s chin (Fig. 1 and [0061]), wherein the upper section 154 is provided with a chin cup 190 having a flexible outer shell for which the user rests their chin on (Fig. 1A-1B and [0061]), thus providing the upper section with a portion that is flexible to adapt to the user for comfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the upper section 332 of Matula to have at least a portion of the upper section to be flexible to adapt to the user as taught by Rogachevsky’647 in order to provide improved comfort for the user’s chin, the flexible material being able to adapt to the user’s chin shape (Rogachevsky’647 Fig. 1A-1B and [0061])
Conclusion
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 KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael Bredefeld can be reached at (571) 270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/KERI J NELSON/Primary Examiner, Art Unit 3786
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