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 .
DETAILED ACTION
2. This communication is a first office action, non-final rejection on the merits. Claims 1-33, as originally filed, are currently pending and have been considered below.
Priority
3. Applicant's claim for domestic priority under 35 U.S.C. 119(e) is acknowledged. The application is filed on 10/08/24 but claims the benefit of
U.S. Patent Application Serial No. 18741237, fled on June 08, 2024 and U.S. Patent Application Serial No. 17225487, fled on Apr 08, 2021, which is a continuation application of U.S. Patent Application Serial No. 17/526074, fled on April 08, 2021, which is a continuation application of U.S. Patent Application Serial No. 16/148,376, fled on October 1, 20718, which is a continuation application of U.S. Patent Application Serial No. 15/602,969, filed on May 23, 2017 and US continuation 14/732624 filed on 2015/06/05 and U.S. provisional application number 62/008480 filed on 2014/06/05 and 62/024945 filed on 2014/07/15 and 62/159177 filed on 2015/05/08 and 62/161 142 filed on 2015/05/13
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 06/06/25 and 10/24/25 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Claim Rejections - 35 USC § 103
5. 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.
6. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
7. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
8. Claims 1-33 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rawls-Meehan (US 2012/0119886 A1) (hereinafter Rawls-Meehan) in view of Petrovski (US 20110115635 A1) (hereinafter Petrovski).
Regarding claim 1, Rawls-Meehan discloses a system for alerting a user using a bed device (para 149, FIG. 18G controlling an adjustable bed and an alarm system, para 77, sensor to facilitate the user in adjusting a parameter of an alarm system), the system comprising:
wherein said bed device comprises a mattress, a mattress cover, or a pillow (Fig. 18G, alarm system 1844, para 388, motion sensors, sound sensors, weight sensors, pressure sensors, or the like used to sense a condition of the environment associated with adjustable furniture or a user, obtain information about the state of a user (i.e., alarm device), para 38, adjustable furniture include various types of mattresses, cushions, pillows, or similar elements); and
wherein said historical sensing data comprises determined presences of said user on at least a portion of said bed device during a plurality of prior uses of said bed device (para 388, detecting presence of a particular user, adjusting comfort-based factors based on state detection (adjusting position, vibration or the like) based on detection of user's presence (i.e., determine user presence), para 338, user determined bed position, adjustable bed facility 102 historical setting, or the like, para 395, information reporting include general usage history information ( i.e., historical sensing data)),
wherein said alarm comprises a vibrating unit, wherein said vibrating unit comprises one or more motors and is disposed within a portion of said bed device (para 127, FIG. 5A vibration motor within an adjustable bed, para 205, vibration motor 132 provide vibration and massage functions (i.e., alarm) to adjustable bed 102 sections and mattresses 12, user control vibration mode of vibration motors 132, vibration setting for a particular bed section, vibration frequency, stopping vibration of vibration motors, or the like, para 388, state detection (position, vibration, or the like) based on detection of user's presence (i.e., based on alarm data from vibration motor)) .
Rawls -Meehan fails to disclose an alarm disposed within a portion of the bed device of a user, a controller configured to operate said alarm based at least in part on (i) a predetermined wake-up time of said user and (ii) a comparison of a historical sensing data and current sensing data generated by a user sensor that is disposed within said bed device.
In analogous art, Petrovski discloses an alarm disposed within a portion of the bed device of a user (para 198, temperature sensors, moisture sensors operatively connected to one or more alarms, control units, other processors and/or the like, para 99, bed assembly includes one or more occupant sensors (e.g., pressure sensors) to accurately detect presence of an occupant positioned, para 119, bed assembly include one or more other types of alarms(i.e., alarm device in the portion of bed)), a controller configured to operate said alarm based at least in part on (i) a predetermined wake-up time of said user and (ii) a comparison of a historical sensing data and current sensing data generated by a user sensor that is disposed within said bed device (para 27, analyze the sleep data to generate a form of feedback, historical data may be used to identify individual patterns and set alarm time, para 15, bed comprises a thermal alarm such that the control module adjust a temperature along the upper portion of climate zone and/or second climate zone to help occupant positioned, para 20, temperature alarm activated when temperature associated with climate zone exceeds a threshold temperature, para 92, control system regulated by comparing a desired setting (e.g., a target temperature value or range to data retrieved by sensors), para 115, controlled bed (e.g., ventilated bed, hospital or other medical bed) using a control algorithm (e.g., stored in control unit) (i.e., historical data), para 87, bed assembly is adapted to be operatively connected to a manufacturer's or supplier's website, server, network and/or the like).
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to improve user's sleep based on personal sleep data and controlling rates of the simulated breathing, heartbeat to induce, maintain sleep [Petrovski, Abstract].
Regarding claim 2, Rawls-Meehan discloses the system of claim 1, wherein said controller is configured to direct said alarm to turn off based on a sensing data generated by an environmental sensor associated with said bed device (para 77, sensor to facilitate user in adjusting a parameter of an alarm system, para 388, transmit signals and an alarm, actuating an alert in response to a safety condition, state information to control adjustable bed 102, such as state information about on/ off condition,).
Regarding claim 3, Rawls-Meehan discloses the system of claim 2, wherein said sensing data from said environment sensor comprises an environmental signal associated with said bed device, wherein said environmental signal is selected from the group consisting of temperature, sound, light, and humidity (para 339, provide information relating to temperature, humidity, weather information, para 276, controlling environment within one or more zones of adjustable bed 102).
Regarding claim 4, Rawls-Meehan discloses the system of claim 1, wherein said user sensor is disposed within said portion of said bed device where the vibrating unit is disposed within (para 279, adjustments may also include vibration, massage, and the like. Para 296, provide vibration input to the adjustable bed facility 102 sections).
Regarding claim 5, Rawls-Meehan discloses the system of claim 1, further comprising a sensor unit disposed within said bed device and configured to detect a biological signal of said user, wherein said controller is configured to determine a sleep phase associated with said user based on said detected biological signal (para 168,, sensors associated with the mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 388, detecting sleep, detecting presence of a particular user, adjusting position, vibration, temperature, volume, content or the like based on detection of user's presence,(para 423, signals transmitted and monitor health conditions, Electrocardiogram, glucose meter, pulse oximeter, and the like).
Regarding claim 6, Rawls-Meehan discloses the system of claim 5, wherein said biological signal is selected from the group consisting of temperature, heart signal, breathing signal, motion, and presence (para 423, signals generated and transmitted and measure the blood pressure and heart rate of the user and monitor health conditions using a plurality of medical devices, Electrocardiogram, glucose meter, pulse oximeter, and the like).
Regarding claim 7, Rawls-Meehan discloses the system of claim 1, wherein said vibrating unit comprises a plurality of vibrating motors (para 442, adjustable parameter associated with actuators, mattresses, vibration motors, or any other parameter associated with adjustable bed 1720).
Regarding claim 8, Rawls-Meehan discloses the system of claim 1, further comprising an additional vibrating unit disposed within an additional portion of said bed device, wherein said controller is configured to direct said additional vibrating unit to vibrate, and wherein said controller is configured to direct said vibrating unit and said additional vibrating unit to vibrate independently of each other (para 163, adjustable bed provide support bed (e.g. mattress), motors, actuators, hinges between bed sections, and the like, para 205, control the vibration mode of the various vibration motors 132, para 212, control adjustable bed 102 (e.g. actuator, vibration motors)).
Regarding claim 9, Rawls-Meehan discloses the system of claim 1, wherein said bed device is a pillow (para 38, adjustable furniture may include various types of mattresses, cushions, pillows, or similar elements to cushion the furniture).
Regarding claim 10, Rawls-Meehan discloses the system of claim 1, wherein said bed device is a mattress (para 38, adjustable furniture may include various types of mattresses, cushions, pillows, or similar elements to cushion the furniture).
Regarding claim 11, Rawls-Meehan discloses the system of claim 1, wherein said bed device is a mattress cover (para 38, adjustable include various types of mattresses, cushions, pillows, or similar elements to cushion furniture, para 304, fabric or plurality of fabrics covering material 502 and/or adjustable bed facility 102 section).
Regarding claim 12, Rawls-Meehan discloses the system of claim 11, wherein said user sensor is disposed within the mattress cover (para 38, adjustable furniture may include various types of mattresses, cushions, pillows, or similar elements to cushion the furniture, para 308, plurality of fabric covers disposed over material 502 and/or an adjustable bed facility 102).
Regarding claim 13, Rawls-Meehan discloses the system of claim 1, wherein said vibrating unit comprises a plurality of vibrating motors, wherein said plurality of vibrating motors is disposed within said bed device (para 205, control the vibration mode of the various vibration motors 132, para 212, control adjustable bed 102 (e.g. actuator, vibration motors).
Regarding claim 14, Rawls-Meehan discloses the system of claim 1, wherein said bed device comprises a filling material, and wherein said vibrating unit and said filling material are inside said portion of said bed device (para 307, bed 102 section fillied with a vibration absorbent material foam, cotton matting, rubber, or the like).
Regarding claim 15, Rawls-Meehan discloses the system of claim 1, wherein said historical sensing data is collected during a prior use of said bed device by said user, and wherein said historical sensing data is stored during said prior use in a database for access by said controller (para 219, controller 150 use network protocol, peer-to-peer communication, master/slave communication, as a hub, server, or the like, para 51, controlling an adjustable furniture facility, wherein at least a portion of the memory is stored remotely from the bed).
Regarding claim 16, Rawls-Meehan discloses the system of claim 1, wherein said controller is configured to determine whether said user is present on top of said portion of said bed device based on a measurement from the user sensor disposed within said bed device (para 388, detecting presence of a particular user), adjusting based on state detection (adjusting position, vibration, temperature, volume, content or the like based on detection of user's presence).
Regarding claim 17, Rawls-Meehan discloses the system of claim 1, wherein said controller is configured to turn said alarm on or off (para 231, controller 150 command the controller 150 to turn off).
Regarding claim 18, Rawls-Meehan discloses a method of alert a user using a bed device, wherein (para 149, FIG. 18G controlling an adjustable bed and an alarm system, para 77, sensor to facilitate the user in adjusting a parameter of an alarm system),
the bed device comprising a mattress, a mattress cover, or a pillow (para 388, motion sensors, sound sensors, weight sensors, pressure sensors, or the like used to sense a condition of the environment associated with adjustable furniture or a user, obtain information about the state of a user (i.e., from alarm device), , para 38, adjustable furniture include various types of mattresses, cushions, pillows, or similar elements), and the method comprising:
wherein said historical sensing data comprises determined presences of said user on at least a portion of said bed device during a plurality of prior uses of said bed device (para 388, detecting presence of a particular user, adjusting comfort-based factors based on state detection (adjusting position, vibration or the like) based on detection of user's presence (i.e., determine user presence),, para 395, information reporting include general usage history information ( i.e., historical sensing data)),
wherein said alarm comprises a vibrating unit, wherein said vibrating unit comprises one or more motors and is disposed within a portion of said bed device para 127, FIG. 5A view of a vibration motor within an opening of an adjustable bed, para 205, vibration motor 132 provide vibration and massage functions (i.e., alarm) to adjustable bed 102 sections and mattresses 12, user control vibration mode of vibration motors 132, vibration setting for a particular bed section, vibration frequency, stopping vibration of vibration motors, or the like, para 388, state detection (position, vibration, or the like) based on detection of user's presence (i.e., based on alarm data from vibration motor)).
Rawls -Meehan fails to disclose an alarm is disposed within a portion of the bed device, operating said alarm based at least in part on (i) a predetermined wake-up time of said user and (ii) a comparison of a historical sensing data and current sensing data generated by a user sensor that is disposed within said bed device.
In analogous art, Petrovski discloses an alarm is disposed within a portion of the bed device (para 198, temperature sensors, moisture sensors operatively connected to one or more alarms, control units, other processors and/or the like, para 99, bed assembly includes one or more occupant sensors (e.g., pressure sensors) to accurately detect the presence of an occupant positioned, para 119, bed assembly include one or more other types of alarms (i.e., alarm device in the portion of bed), operating said alarm based at least in part on (i) a predetermined wake-up time of said user and (ii) a comparison of a historical sensing data and current sensing data generated by a user sensor that is disposed within said bed device (para 27, analyze the sleep data to generate a form of feedback, historical data may be used to identify individual patterns and set alarm time, para 15, bed comprises a thermal alarm such that the control module adjust a temperature along the upper portion of climate zone and/or second climate zone to help occupant positioned, para 20, temperature alarm activated when temperature associated with climate zone exceeds a threshold temperature, para 92, control system regulated by comparing a desired setting (e.g., a target temperature value or range to data retrieved by sensors), para 115, controlled bed (e.g., ventilated bed, hospital or other medical bed) using a control algorithm (e.g., stored in control unit) (i.e., historical data), para 87, bed assembly is adapted to be operatively connected to a manufacturer's or supplier's website, server, network and/or the like).
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to improve user's sleep based on personal sleep data and controlling rates of the simulated breathing, heartbeat to induce, maintain sleep [Petrovski, Abstract].
Regarding claim 19, Rawls-Meehan discloses the method of claim 18, further comprising: (1) generating a sensing data by using an environmental sensor associated with said bed device; and (2) directing said alarm to turn off based on said sensing data (para 77, sensor adjusting a parameter of an alarm system, para 388, transmit signals and alarm, actuating an alert in response to a safety condition, state information to control adjustable bed 102, state information about on/ off condition).
Regarding claim 20, Rawls-Meehan discloses the method of claim 19, wherein said sensing data from said environment sensor comprises an environmental signal associated with said bed device, wherein said environmental signal is selected from the group consisting of temperature, sound, light, and humidity (para 339, provide information relating to temperature, humidity, weather information, para 276, controlling environment within one or more zones of adjustable bed 102).
Regarding claim 21, Rawls-Meehan discloses the method of claim 18, wherein said user sensor is disposed within said portion of said bed device (para 279, adjustments may also include vibration, massage, and the like. Para 296, provide vibration input to the adjustable bed facility 102 sections).
Regarding claim 22, Rawls-Meehan discloses the method of claim 18, further comprising: (1) detecting a biological signal of said user by using a sensor unit disposed within said bed device; and (2) determining a sleep phase associated with said user based on said detected biological signal (para 168,, sensors associated with the mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 388, detecting sleep, detecting presence of a particular user, adjusting position, vibration, temperature, volume, content or the like based on detection of user's presence,(para 423, signals transmitted and monitor health conditions, Electrocardiogram, glucose meter, pulse oximeter, and the like).
Regarding claim 23, Rawls-Meehan discloses the method of claim 22, said biological signal is selected from the group consisting of temperature, heart signal, breathing signal, motion, and presence (para 423, signals generated and transmitted and measure the blood pressure and heart rate of the user and monitor health conditions using a plurality of medical devices, Electrocardiogram, glucose meter, pulse oximeter, and the like).
Regarding claim 24, Rawls-Meehan discloses the method of claim 18, wherein said vibrating unit comprises a plurality of vibrating motors (para 442, adjustable parameter associated with actuators, mattresses, vibration motors, or any other parameter associated with adjustable bed 1720).
Regarding claim 25, Rawls-Meehan discloses the method of claim 18, wherein said bed device further comprises an additional vibrating unit disposed within an additional portion of said bed device, and wherein the method further comprises directing said additional vibrating unit to vibrate, wherein said additional vibrating unit is directed to vibrate independently from said vibrating unit (para 163, adjustable bed provide support bed (e.g. mattress), motors, actuators, hinges between bed sections, and the like, para 205, control the vibration mode of the various vibration motors 132, para 212, control adjustable bed 102 (e.g. actuator, vibration motors)).
Regarding claim 26, Rawls-Meehan discloses the method of claim 18, wherein said bed device is a mattress (para 38, adjustable furniture may include various types of mattresses, cushions, pillows, or similar elements to cushion the furniture).
Regarding claim 27, Rawls-Meehan discloses the method of claim 18, wherein said bed device is a pillow (para 38, adjustable furniture may include various types of mattresses, cushions, pillows, or similar elements to cushion the furniture).
Regarding claim 28, Rawls-Meehan discloses the method of claim 18, wherein said bed device is a mattress cover (para 38, adjustable include various types of mattresses, cushions, pillows, or similar elements to cushion furniture, para 304, fabric or plurality of fabrics covering material 502 and/or adjustable bed facility 102 section).
Regarding claim 29, Rawls-Meehan discloses the method of claim 28, wherein said user sensor is disposed within the mattress cover (para 38, adjustable furniture may include various types of mattresses, cushions, pillows, or similar elements to cushion the furniture, para 308, plurality of fabric covers disposed over material 502 and/or an adjustable bed facility 102).
Regarding claim 30, Rawls-Meehan discloses the method of claim 18, wherein said vibrating unit comprises a plurality of vibrating motors, wherein said plurality of vibrating motors is disposed within said bed device (para 205, control the vibration mode of the various vibration motors 132, para 212, control adjustable bed 102 (e.g. actuator, vibration motors).
Regarding claim 31, Rawls-Meehan discloses the method of claim 18, wherein said bed device comprises a filling material, and wherein said vibrating unit and said filling material are inside said portion of said bed device (para 307, bed 102 section fillied with a vibration absorbent material foam, cotton matting, rubber, or the like).
Regarding claim 32, Rawls-Meehan discloses the method of claim 18, wherein said historical sensing data is collected during a prior use of said bed device by said user, and wherein said historical sensing data is stored during said prior use in a database (para 219, controller 150 use network protocol, peer-to-peer communication, master/slave communication, as a hub, server, or the like, para 51, controlling an adjustable furniture facility, wherein at least a portion of the memory is stored remotely from the bed).
Regarding claim 33, Rawls-Meehan discloses the method of claim 18, wherein said operating said alarm comprises turning said alarm on or off (para 231, controller 150 command the controller 150 to turn off).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRZA F ALAM/ Primary Examiner, Art Unit 2689