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 .
Response to Arguments
Applicant's arguments filed September 2, 2026 have been fully considered but they are not persuasive. Applicant argues that Ermalovich et al. does not disclose “no expandable chambers positioned between each of the one expandable chamber and the other expandable chamber and both a head end and a foot end of the mattress wherein none of the expandable chambers in the singular stacked configuration emanate from a common region”. Examiner disagrees. Fig. 7B of Ermalovich et al. shows two expandable chambers (50) stacked directly on top of one another (the chambers (50) furthest left in Fig. 7B) wherein these two expandable chambers (50) stacked directly on top of one another do not emanate from a common region but emanate from two more separate expandable chambers (50) (the middle expandable chambers (50) in each of the three rows of expandable chambers (50)).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-20 and 23-25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Independent claims 11 and 23 disclose “no expandable chambers positioned between each of the one expandable chamber and the other expandable chamber” and “none of the expandable chambers in the singular stacked configuration of the bladder emanate from a common region extending laterally across the support panel toward either the head end of the foot end of the mattress”. Both of these limitations are “negative limitations” in that they disclose what the invention does not have as opposed to what the invention does have. According to MPEP 2173.05(i), “Any negative limitation or exclusionary proviso must have basis in the original disclosure.”. Examiner has been unable to find support for these negative limitations in the Specification.
With regard to claims 12-20, 24 and 25, in that claims 12-20, 24 and 25 depend either directly or indirectly form one of claims 11 and 23, claims 12-20, 24 and 25 are similarly rejected.
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 11-20 and 23-25 are 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.
Independent claims 11 and 23 disclose “no expandable chambers positioned between each of the one expandable chamber and the other expandable chamber and both a head end and a foot end of the mattress”. It is unclear if the negative language (“no”) at the beginning of this passage applies to both “expandable chambers positioned between each of the one expandable chamber and the other expandable chamber” and “both a head end and a foot end of the mattress”. In other words, it is not clear if a head end and foot end of the mattress is required or not for the claim limitations to be met, rendering the claims indefinite.
With regard to claims 12-20, 24 and 25, in that claims 12-20, 24 and 25 depend either directly or indirectly form one of claims 11 and 23, claims 12-20, 24 and 25 are similarly rejected.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 11, 15-20 and 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPAP 2023/0165382 (Ermalovich et al. hereinafter).
With regard to claim 11, insofar as claim 11 is definite, Ermalovich et al. discloses a bed system comprising:
a mattress (Fig. 1C);
a support panel (12) supporting the mattress;
a frame (10) supporting the support panel (12); and
a modular pneumatic adjustment system, comprising:
a plurality of pneumatic adjustment modules (3) adjustably positioned on the support panel (12) and disposed between the mattress and the support panel (12), each of the pneumatic adjustment modules (3) comprising a base (22) and a bladder (28);
an inflation manifold (paragraph [0008]) comprising a pneumatic pump (46) and a plurality of regulating valves (44), the pneumatic pump (46) connected to provide pressurized air to the plurality of regulating valves (44);
a flexible conduit (42) interconnecting each respective one of the plurality of regulating valves (44) to the bladder (28) of each respective one of the plurality of pneumatic adjustment modules (3); and
a controller (48) operably connected to the pneumatic pump (46) and the plurality of regulating valves (44), the controller (48) configured to provide open and close commands to each of the regulating valves (44) for providing a flow of pressurized air from the pneumatic pump (46) to the respective bladders (28);
wherein the bladder of at least one of the pneumatic adjustment modules (3) includes at least two expandable chambers (50) in a singular (left most stack of expandable chambers (50) in Fig. 7B) stacked configuration with one of the expandable chambers (50) being positioned above the other of the expandable chambers (50) to be elevated thereby above the support panel (12) when inflated (Fig. 7A);
wherein the singular stacked configuration of the bladder includes no expandable chambers positioned between each of the one expandable chamber and the other expandable chamber and both a head and a foot end of the mattress; and
wherein none of the expandable chambers in the singular stacked configuration of the bladder (28) emanate from a common region extending laterally across the support panel toward either the head end or the foot end of the mattress.
Fig. 7B of Ermalovich et al. shows two expandable chambers (50) stacked directly on top of one another (the chambers (50) furthest left in Fig. 7B) wherein these two expandable chambers (50) stacked directly on top of one another do not emanate from a common region but emanate from two more separate expandable chambers (50) (the middle expandable chambers (50) in each of the three rows of expandable chambers (50)).
With regard to claim 15, insofar as claim 15 is definite, Ermalovich et al. discloses the bed system of claim 11, wherein the base (22) of each of the plurality of pneumatic adjustment modules (3) is movable.
With regard to claim 16, insofar as claim 16 is definite, Ermalovich et al. discloses the bed system of claim 11, wherein the controller (48) is operable to inflate the plurality of pneumatic adjustment modules (3) to incline selective portions of the mattress relative to the support panel (12).
With regard to claim 17, insofar as claim 17 is definite, Ermalovich et al. discloses the bed system of claim 11, wherein the controller (48) is in electrical communication with a first set of pneumatic adjustment modules (3) and a second set of pneumatic adjustment modules (3).
With regard to claim 18, insofar as claim 18 is definite, Ermalovich et al. discloses the bed system of claim 17, wherein the controller (48) is configured for selective simultaneous inflation of the first set and the second set of pneumatic adjustment modules (3) (paragraphs [0008] and [0031]).
With regard to claim 19, insofar as claim 19 is definite, Ermalovich et al. discloses the bed system of claim 18, wherein the controller (48) is configured for selective independent inflation of the first set and the second set of pneumatic adjustment modules (3) (paragraphs [0008] and [0031]).
With regard to claim 20, insofar as claim 20 is definite, Ermalovich et al. discloses the bed system of claim 11, further comprising a sheath (24) disposed over the plurality of pneumatic adjustment modules (3).
With regard to claim 23, insofar as claim 23 is definite, Ermalovich et al. discloses a pneumatic adjustment system attachable to a support panel (12) of a bed, the system comprising:
a plurality of pneumatic adjustment modules (3) each having one or more inflatable chambers (30, 50);
an inflation manifold (paragraph [0008]) in pneumatic communication with each of the plurality of pneumatic adjustment modules (3), the inflation manifold (paragraph [0008]) comprising a pump (46) and a plurality of regulating valves (44); and
a controller (48) in communication with the inflation manifold (paragraph [0008]) and arranged to control an operation of the pump (46) and the plurality of regulating valves (44) to selectively inflate the one or more inflatable chambers (30, 50) in each of the plurality of pneumatic adjustment modules (3) wherein at least one of the pneumatic adjustment modules (3) includes at least two expandable chambers (50) in a singular stacked configuration with one of the expandable chambers (50) being positioned above the other of the expandable chambers (50) to be elevated thereby above the support panel (12) when inflated (Fig. 7A);
wherein the singular stacked configuration of the pneumatic adjustment module includes no expandable chambers positioned between each of the one expandable chamber and the other expandable chamber and both a head and a foot end of the mattress; and
wherein none of the expandable chambers in the singular stacked configuration of the pneumatic adjustment module emanate from a common region extending laterally across the support panel toward either the head end or the foot end of the mattress.
Fig. 7B of Ermalovich et al. shows two expandable chambers (50) stacked directly on top of one another (the chambers (50) furthest left in Fig. 7B) wherein these two expandable chambers (50) stacked directly on top of one another do not emanate from a common region but emanate from two more separate expandable chambers (50) (the middle expandable chambers (50) in each of the three rows of expandable chambers (50)).
With regard to claim 24, insofar as claim 24 is definite, Ermalovich et al. discloses the pneumatic adjustment system of claim 23, wherein the one pneumatic adjustment module includes at least three of the expandable chambers (50) in the singular stacked configuration with a third of the expandable chambers (50) being positioned above the one expandable chamber (50) and the other expandable chamber (50) to be elevated thereby above the support panel (12) when inflated (Fig. 7C).
With regard to claim 25, insofar as claim 25 is definite, Ermalovich et al. discloses the bed system of claim 11, wherein the one pneumatic adjustment module includes at least three of the expandable chambers (50) in the singular stacked configuration with a third of the expandable chambers (50) being positioned above the one expandable chamber (50) and the other expandable chamber (50) to be elevated thereby above the support panel (12) when inflated (Fig. 7C).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ermalovich et al. in view of USPAP 2023/0190199 (Garcia Molina hereinafter) and USPAP 2014/0345060 (Ribble et al. hereinafter).
With regard to claim 12, insofar as claim 12 is definite, Ermalovich et al. discloses all of the limitations except for further comprising sensors in electronic communication with the controller, the sensors arranged to generate a signal representative of an inflation condition of each of the plurality of pneumatic adjustment modules and including one or more accelerometers for determining a level of inflation of the bladder of one or more of the pneumatic adjustment modules.
Garcia Molina teaches a bed (112) with sensors (paragraph [0071]) in communication with a controller (paragraph [0061]) wherein the sensor generates a signal representative of a condition of a user on the mattress (paragraph [0062]) and the bed automatically inflates or deflates an air adjustment system based on the condition of the user (paragraph [0062]).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus of Ermalovich et al. by further comprising sensors in electronic communication with the controller, the sensors arranged to generate a signal representative of an inflation condition of each of the plurality of pneumatic adjustment modules wherein the sensor generates a signal representative of a condition of a user on the mattress and the bed automatically inflates or deflates a pneumatic adjustment module based on the condition of the user as taught in Garcia Molina for the purposes of preventing snoring (paragraph [0062] of Garcia Molina).
Ribble et al. teaches one or more accelerometers for determining a level of inclination representative of inflation of a bladder of one or more pneumatic adjustment modules (paragraph [0165]).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to further modify the apparatus of Ermalovich et al. by further comprising that the sensors are one or more accelerometers for determining a level of inclination representative of inflation of a bladder of one or more pneumatic adjustment modules as taught in Ribble et al. for the determining the inclination of the adjustment modules.
With regard to claim 13, insofar as claim 13 is definite, the Ermalovich et al. modification with regard to claim 12 discloses the bed system of claim 12, wherein the sensors are configured to generate a signal representative of a condition of a user on the mattress.
With regard to claim 14, insofar as claim 14 is definite, the Ermalovich et al. modification with regard to claim 12 discloses the bed system of claim 12, wherein the controller is configured to adjust the inflation condition of one or more of the plurality of pneumatic adjustment modules based on the level of inflation thereof determined with the accelerometer.
Allowable Subject Matter
Claims 1-10 and 22 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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/AARON R EASTMAN/Primary Examiner, Art Unit 3673
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