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 § 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.
Claims 1, 3-4, 6-7, 9-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Oakhill (U.S. 2011/0224510) in view of Marek (U.S. 2016/0206224). Oakhill discloses (par. 0057) a data processing system (par. 0042; 308) comprising a processor and memory, the data processing system configured to: control a sensor (106) to sense a first collection of biometric data of a user on a sleep surface; notify, through a user interface (par. 0034; 110), a user to perform an exercise activity (par. 0051-0052 and 0064); notify, through the user interface, the user to return to and lay on the sleep surface (par. 0032; 104) after performing the exercise activity (alert reminding the user to go to bed early); control the sensor to sense a second collection of biometric data of the user; generate a stress test output based on a difference between the first and the second collections of biometric data, wherein the first collection of biometric data was sensed before notifying the user to perform the exercise activity and the second collection of biometric data was sensed after the notifying the user to perform the exercise activity (the system measures senor data every night, and determining an appropriate bed time for the user based on the past nights’ sleep quality and the user’s wakeup time); and displaying the stress test output via a mobile device (par. 0006 and 0064, information on bedtime).
Oakhill discloses the claimed invention except for generating a cardiac stress test output that characterizes a condition of a heart of the user. Marek, however, discloses (par. 0067) a system for measuring cardiac stress of a user, which can be integrated into a bed (par. 0071). Oakhill and Marek both disclose portable and bedside systems for collecting patient data before and after exercise. 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 Oakhill’s system for measuring patient data after lying down after exercise with Marek’s cardiac stress data in order to collect cardiovascular risk data for the patient after a certain exercise (par. 0067 of Marek).
Regarding claim 3, Marek discloses (par. 0067) the data processing system is further configured to: provide information about the condition of the heart characterized by the cardiac stress test output.
Regarding claim 4, Oakhill discloses (par. 0066) the data processing system is further configured to: receive, from the user, an identity of a medical professional; and provide at least a portion of the cardiac stress test output to the medical professional.
Regarding claim 6, Oakhill discloses (par. 0032; 104) a bed having the sleep surface.
Regarding claim 7, Oakhill discloses (Fig. 1) the bed is sized to accommodate two sleepers for overnight sleep.
Regarding claim 9, Oakhill discloses (par. 0036) the data processing system comprises a mobile phone.
Regarding claim 10, Oakhill discloses (par. 0036) the data processing system consists of a mobile phone.
Regarding claim 11, Oakhill discloses (par. 0044) the data processing system further comprises at least one networked server.
Regarding claim 12, Oakhill discloses (par. 0078) the data processing system further comprises a control box of a bed having the sleep surface.
Regarding claim 13, Oakhill discloses (par. 0048) the data processing system comprises multiple elements and wherein each element of the data processing system is interconnected by local network data-link.
Regarding claim 14, Oakhill discloses (par. 0048) the data processing system comprises multiple elements and wherein at least some of the elements of the data processing system are interconnected by an Internet data-link.
Regarding claim 18, Oakhill discloses (106, 108) a sensor system comprising a sensor array that includes the sensor.
Regarding claim 19, Oakhill discloses (106, 108) a sensor system comprising the sensor and a second sensor.
Regarding claim 20, Oakhill discloses (Fig. 1) a mattress defining the sleep surface; and a sensor system configured to be positioned in or near the mattress, wherein the sensor system comprises the sensor.
Claims 2, 8 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Oakhill (U.S. 2011/0224510) in view of Marek (U.S. 2016/0206224) in further view of Nunn et al (U.S. 2017/0003666). Oakhill and Marek disclose the claimed invention except for the first collection of biometric data is based on changes in a pressure applied to the sleep surface by cardiopulmonary rhythms of the user laying on the mattress sleep surface. Nunn, however, discloses (par. 0038-0039) a sleep quality diagnosis system including an air mattress including a sensor for sensing whether the patient is on the bed based on pressure of the air mattress. Marek, Nunn and Oakhill all disclose systems for assessing physiological states of a patient based on data collected from a bed. 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 Oakhill and Marek’s cardiac stress testing mattress with Nunn’s pressure sensors in order to ensure that the person rather than “another object (e.g., a suit case)” is being tested, for more accurate patient diagnosis.
Regarding claim 8, Nunn discloses (par. 0038-0039) a sensor system that includes the sensor in sensing communication with the sleep surface and configured to sense pressure signals of the user laying on a mattress.
Regarding claim 15, Nunn discloses (par. 0029) the sleep surface is an element of a bed having a mattress comprising a fluid chamber.
Regarding claim 16, Nunn discloses (par. 0029) the bed comprises a mattress, and the mattress comprises a plurality of fluid chambers.
Regarding claim 17, Nunn discloses (par. 0036) a sensor system comprising the sensor and a pump.
Allowable Subject Matter
Claim 5 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 and not relied upon is considered pertinent to applicant's disclosure. U.S. 2015/0305675 to Miller et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792
