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 .
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) 1, 2, 6-8 and 15-24 is/are rejected under 35 U.S.C. 102(1)(1) as being anticipated by USPAP 2023/0165382 (Ermalovich et al. hereinafter).
With regard to claim 1, 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).
With regard to claim 2, Ermalovich et al. discloses the pneumatic adjustment system of claim 1, wherein the plurality of pneumatic adjustment modules (3) includes a first set of pneumatic adjustment modules (3) attachable on a first side of the support panel (12) and a second set of pneumatic adjustment modules (3) attachable on a second side of the support panel (12) (Fig. 1A).
With regard to claim 6, Ermalovich et al. discloses the pneumatic adjustment system of claim 1, wherein the plurality of pneumatic adjustment modules (3) includes at least one of a head pneumatic adjustment module (6) and a lumbar pneumatic adjustment module (4).
With regard to claim 7, Ermalovich et al. discloses the pneumatic adjustment system of claim 1, wherein each of the plurality of regulating valves (44)is pneumatically connected to a respective one of the pneumatic adjustment modules (3).
With regard to claim 8, Ermalovich et al. discloses the pneumatic adjustment system of claim 1, wherein each of the plurality of pneumatic adjustment modules (3) includes a base (22) that is selectively positioned along the support panel (12).
With regard to claim 11, 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).
With regard to claim 15, 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, 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, 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, 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, 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, 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 21, Ermalovich et al. discloses the bed system of claim 1, wherein at least one of the pneumatic adjustment modules (3) includes at least two expandable chambers (30) in a fan configuration with each of the expandable chambers emanating outward from a central region of the inflation module extending laterally across the support panel (12) (Fig. 2B).
With regard to claim 22, Ermalovich et al. discloses the bed system of claim 21, wherein the one pneumatic adjustment module includes at least three of the expandable chambers (30) in the fan configuration with each of the expandable chambers (30) emanating outward from the central region of the inflation module (Fig. 2B).
With regard to claim 23, Ermalovich et al. discloses the bed system of claim 1, wherein at least one of the pneumatic adjustment modules (3) includes at least two expandable chambers (50) in a 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).
With regard to claim 24, Ermalovich et al. discloses the bed system of claim 23, wherein the one pneumatic adjustment module includes at least three of the expandable chambers (50) in the 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) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ermalovich et al.
With regard to claim 3, Ermalovich et al. discloses the pneumatic adjustment system of claim 2, wherein the first set of pneumatic adjustment modules (3) is in pneumatic communication with a first inflation manifold 9paragraph [0008]) but does not disclose wherein the second set of pneumatic adjustment modules is in pneumatic communication with a second inflation manifold. It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide that the second set of pneumatic adjustment modules is in pneumatic communication with a second inflation manifold, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378.
With regard to claim 4, the Ermalovich et al. modification with regard to claim 3 discloses the pneumatic adjustment system of claim 3, wherein the first inflation manifold and the second inflation manifold are in communication with the controller (48) and are controlled independently.
With regard to claim 5, the Ermalovich et al. modification with regard to claim 3 discloses the pneumatic adjustment system of claim 4, wherein the controller (48) is arranged for simultaneous selective inflation of the first set and the second set of pneumatic adjustment modules (paragraphs [0008] and [0031]).
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ermalovich et al. in view of USPAP 2019/0307257 (Wittekind et al. hereinafter).
With regard to claim 9, Ermalovich et al. discloses all of the limitations except for wherein the plurality of pneumatic adjustment modules is arranged to selectively deflate when an exhaust valve is opened.
Wittekind et al. teaches an inflatable support device for use in a bed (paragraph [0002]) and uses a pump (502) to inflate the device and an exhaust valve (one of 908, 910, 918 and 920) controlled by a controller (913) to deflate the device (paragraph [0044]).
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 providing wherein the plurality of pneumatic adjustment modules is arranged to selectively deflate when an exhaust valve is opened through the use of the controller as taught in Wittekind et al. for the purposes of providing a way to deflate the bladders since Ermalovich et al. does not disclose how they are deflated.
With regard to claim 10, the Ermalovich et al. modification with regard to claim 9 discloses the pneumatic adjustment system of claim 9, wherein selectively deflating the plurality of pneumatic adjustment modules (3) includes a biasing force urging in a direction of a deflated condition. The biasing force is provided by the mattress, the end user and/or the sheath (24).
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).
With regard to claim 12, 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.
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).
With regard to claim 13, 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, the Ermalovich et al. modification with regard to claim 12 discloses the bed system of claim 13, wherein the controller is configured to adjust the inflation condition of each of the plurality of pneumatic adjustment modules based on the condition of the user on the mattress.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP 7,231681 and USPAP’s 2019/0201265, 2025/0072628, 2024/0298809, 2024/0082532, 2024/0065559 and 2023/0372169 each disclose beds similar to that claimed.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C. 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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/AARON R EASTMAN/Primary Examiner, Art Unit 3673
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