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. 18/889,285 filed on 09/18/2024.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/06/2025 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 filed 09/18/2024 are acceptable.
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 § 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.
Claim(s) 1, 11, 12, 13, 15, 16, 17, 18 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 2010/0205750 A1, hereinafter D1.
As to claim 1.
D1 discloses an alternate pressure mattress system (alternating pressure system for a mattress 30; abstract; figures 1-6; paragraph [0021]; see D1 claims 1, 4) comprising:
an air mattress (air mattress 30, fig. 106) comprising a plurality of alternating air cells ([0023] as seen in FIGS. 1-6, a mattress 30 generally will include an air source, such as pump 44 operably connected to a group of inflatable cells by hoses 46 so that pump 44 is in fluid communication with a group of cells. Since each mattress section will have two sets of cells for alternate inflation);
wherein the plurality of alternating air cells comprise:
a plurality of first air cells ([0025] As seen by comparing FIGS. 5 and 6, groups of interconnected cells can be inflated to form a first staggered pattern of inflated cells (FIG. 5) and then an alternate staggered pattern of inflated cells, FIG. 6); and
a plurality of second air cells adjacent to the plurality of first air cells ([0023]+ mattress 30 comprises a plurality of alternating air cells which consists of a first group of air cells and a second group of air cells next to the first group); and
a control housing (controller 50, fig. 1) configured to alternate inflation and deflation of the plurality of first air cells and the plurality of second air cells based on a selectable firmness level (control system is configured to alternate inflation and deflation of the first and second group of air cells based on a desired interface pressure; figures 1-6; paragraphs [0024-0027]; claims 1, 3-5).
As to claim 11.
D1 discloses the alternate pressure mattress system of claim 1, and further discloses wherein the control housing comprises a pump (pump 44) connected to the plurality of first air cells and the plurality of second air cells ([0004] groups of individual air cells can be interconnected and in fluid cooperation with an inflation source, such as a pump and controller; control system comprises a pump 44 which is connected to the first and second group of air cells; figures 1-6; [0023-0024]; claim 8).
As to claim 12.
D1 discloses the alternate pressure mattress system of claim 1, and further discloses wherein the control housing comprises a pressure sensor to monitor a pressure status within the plurality of alternating air cells ([0032] The rate of inflation and deflation, the internal cell pressure and interface pressure can be controlled or adjusted as desired. One skilled in the art will appreciate that individual parameters can be and will be adjusted depending upon patient size and body mass, condition of the user's skin and other factors; inherent as control requires knowing what the pressure is).
As to claim 13.
D1 discloses the alternate pressure mattress system of claim 11, and further discloses wherein the control housing comprises a control unit configured to control the pump ( control system comprises a controller 50 configured to control pump 44; figures 1-6; paragraph [0024]; claims 1, 3, 8).
As to claim 15.
D1 discloses an alternate pressure mattress system (alternating pressure system for a mattress 30; abstract; figures 1-6; para. [0021]; claims 1, 4) comprising: an air mattress comprising a plurality of alternating air cells; wherein the plurality of alternating air cells comprise: a plurality of first air cells; and a plurality of second air cells adjacent to the plurality of firs air cells (mattress 30 comprises a plurality of alternating air cells which consists of a first group of air cells and a second group of air cells next to the first group; figures 1-6; para. [0023-0025]; claims 1, 4 ); a pump connected to the plurality of first air cells and the plurality of second air cells (pump 44 is connected to the first and second group of air cells; figures 1-6; para. [0023-0024]; claim 8); and a control housing configured to exhaust the plurality of alternating air cells for a predetermined period of equalization time, deflate the plurality of first air cells for a first predetermined period of time, inflate the plurality of second air cells to a desired high pressure, deflate the plurality of first air cells to a desired low pressure, and hold the desired high pressure and the desired low pressure for a second predetermined period of time (control system is configured to exhaust the plurality of alternating air cells for a predetermined period of time, deflate the first group of air cells for a first period of time, inflate the second group of air cells to a desired high pressure, delate the first group of air cells to a desired low pressure, and hold the desired high pressure and the desired low pressure for a second period of time; para. [0026-0027]; figure 7).
As to claim 16.
D1 discloses the alternate pressure mattress system of claim 15, and further discloses:
wherein the control housing is further configured to deflate the plurality of second air cells for the first predetermined period of time, inflate the plurality of first air cells to the desired high pressure, and deflate the plurality of second air cells to the desired low pressure (control system is configured to deflate the second group of air cells for the first period of time, inflate the first group of air cells to the desired high pressure, and deflate the second group of air cells to the desired low pressure; paragraphs [0026-0027]; figure 7).
As to claim 17.
D1 discloses a method of alternating a pressure within an air mattress (method of alternating a pressure within a mattress 30; abstract; figures 1-6; paragraph [0021]; claims 1, 4) comprising the steps of: providing an air mattress comprising a plurality of first air cells and a plurality of second air cells adjacent to the plurality of first air cells (mattress 30 comprises a first group of air cells and a second group of air cells next to the first group; figures 1-6; paragraphs [0023-0025]; claims 1, 4 ); exhausting the plurality of first air cells and the plurality of second air cells to a manifold for a predetermined period of equalization time; deflating the plurality of first air cells for a first predetermined period of time; inflating the plurality of second air cells to a desired high pressure; deflating the plurality of first air cells to a desired low pressure; holding the desired high pressure and the desired low pressure for a second predetermined period of time ( exhausting the first and second group of air cells to a manifold 48 for a predetermined period of time, deflating the first group of air cells for a first period of time, inflating the second group of air cells to a desired high pressure, delating the first group of air cells to a desired low pressure, and holding the desired high pressure and the desired low pressure for a second period of time; paragraphs [0023, 0026-0027]; figures 1-7); exhausting the plurality of first air cells and the plurality of second air cells to the manifold for the predetermined period of equalization time; deflating the plurality of second air cells for the first predetermined period of time; inflating the plurality of first air cells to the desired high pressure; deflating the plurality of second air cells to the desired low pressure; and holding the desired high pressure and the desired low pressure for the second predetermined period of time (exhausting the first and second group of air cells to manifold 48 for the predetermined period of time, deflating the second group of air cells for the first period of time, inflating the first group of air cells to the desired high pressure, deflating the second group of air cells to the desired low pressure, and holding the desired high pressure and the desired low pressure for the second period of time; paragraphs [0023, 0026-0027]; figures 1-7).
As to claim 18.
D1 discloses teaches the alternate pressure mattress system of claim 1 and further discloses wherein the predetermined period of equalization time is between about 45 to 50 seconds (DEFLATE DWELL is 60 seconds per [0027] = “about” 45-50 seconds).
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.
Claim(s) 2-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of US 2016/0022521, hereinafter D2.
As to claim 2.
D1 discloses the alternate pressure mattress system of claim 1, but does not disclose wherein the selectable firmness level corresponds to a desired immersion pressure, a desired high pressure, and a desired low pressure.
D2 is in the related field of detecting optimal immersion of a cushion user into an inflatable cushion.
D2 teaches a method of setting an optimal immersion of the user into the inflatable cushion ([0009]) and includes ([0055]) as the user makes subsequent checks of immersion status, a microprocessor 14 determines a “range” of acceptable high/low values around optimal immersion pressure. As long as the pressure in the cushion is within this established range for this user, the check mark 25 LED will illuminate.
Accordingly, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to have combined D1 (directed to an inflatable mattress with alternating inflation zones) and D2 (directed detecting optimal immersion of an inflatable cushion user) and arrived at an alternate pressure mattress with a selectable firmness level which corresponds to a desired range. One of ordinary skill in the art would have been motivated to make such a combination because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods (e.g. selecting the sensor of D2 which provides the desired functionality) with a reasonable expectation of success and with no change in their respective functions and one of ordinary skill in the art would have recognized that the results of the combination were predictable (e.g. enabling an optimal internal cushion pressure for a user).
As to claim 3.
D1 as modified teaches the alternate pressure mattress system of claim 2, and further discloses wherein the desired immersion pressure is between about 7 to 42 mm Hg ([0026] desired interface pressure of about 25 mmHg, preferably 40 mmHg).
As to claim 4.
D1 as modified teaches the alternate pressure mattress system of claim 2, and further discloses wherein the desired high pressure is between about 13 to 48 mm Hg ([0026] desired interface pressure of between about 25 and about 80 mmHg).
As to claim 5.
D1 as modified teaches the alternate pressure mattress system of claim 2, and further discloses wherein the desired low pressure is between about 4 to 34 mm Hg ([0026] below 32 to 35 mm Hg, i.e. the body capillary pressure).
As to claim 6.
D1 as modified teaches the alternate pressure mattress system of claim 2, and further discloses wherein the control housing is configured to
exhaust the plurality of alternating air cells for a predetermined period of equalization time (fig. 7, Alternating pressure timing; A DEFLATE, B DEFLATE),
deflate the plurality of first air cells for a first predetermined period of time (fig. 7 B DEFLATE DWELL),
inflate the plurality of second air cells to the desired high pressure (fig. 7 A INFLATE; to 25 mmHg [0027]),
deflate the plurality of first air cells to the desired low pressure (fig. 7 B DEFLATE; to 16 mmHg [0027]), and
hold the desired high pressure and the desired low pressure for a second predetermined period of time (respective A B DEFLATION DWELL; [0027] and the time, not shown that A, B remain inflated. i.e. while the deflation and deflation dwell occur).
As to claim 7.
D1 as modified teaches the alternate pressure mattress system of claim 6, wherein the predetermined period of equalization time is between about 45 to 50 seconds (DEFLATE DWELL is 60 seconds per [0027] = “about” 45-50 seconds).
As to claims 8-9.
D1 as modified does not explicitly disclose:
[claim 8] wherein the first predetermined period of time is less than about 10 seconds, or
[claim 9] wherein the second predetermined period of time is between about 5 to 60 seconds.
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 [claim 8] wherein the first predetermined period of time is less than about 10 seconds, or [claim 9] wherein the second predetermined period of time is between about 5 to 60 seconds solves any stated problem or is for any particular purpose above the fact that the claimed durations are related to well known functions, i.e. inflation, deflation, of inflatable mattresses. 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 mattress of D1 to have the claimed durations, 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 because the prior art mattress requires inflation and deflation which inherently take time.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1.
As to claim 19. See explanation for claim 8.
As to claim 20. See explanation for claim 9.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of US 2016/0038359, hereinafter D3.
As to claim 14.
D1 discloses the alternate pressure mattress system of claim 13, but does not explicitly disclose further comprises a user remote configured to control the inflation and deflation of the air mattress.
D3 discloses a user remote configured to control the inflation and deflation of the air mattress (remote 148 is configured to control the inflation and deflation of the individual air mattress 110; figure 1; paragraph [0095]).
It would have been obvious to one of ordinary skill in the art to modify the system of D1 with a user remote configured to control the inflation and deflation of the air mattress, as taught by D3, for the advantage of remotely controlling the inflation and deflation of the air mattress (D3 [0095]) for user convenience.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
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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.
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/J. T. Newton/Primary Examiner, Art Unit 3673
Tue 20-Jan-26