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) 1-8, 11-17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication US2021/0204720A1 hereinafter referred to as Karschnik.
Karschnik disclose:
As per claim 1 a system, comprising: a bed 1310 fig.34 with at least one temperature control element 1500, 1600 fig.33; and a controller 1122 fig.33 configured to: receive a current sleep state of a sleep stage sequence for a user in the bed; when the current sleep state is a non-rapid eye movement (NREM) state, apply a first setting to the at least one temperature control element to increase or decrease a skin temperature of the user; and when the current sleep state is a rapid eye movement (REM) state, apply a second setting to the at least one temperature control element to increase or decrease the skin temperature of the user [0496 “In an example process of controlling a microclimate of a mattress, the bed system 1100 can operate to determine a sleep cycle of a subject on the mattress, and determine a mode from a plurality of modes based on the sleep cycle. As described herein, the plurality of modes can include a cooling mode in which an air controller (e.g., the airflow pad controller) is operated to cause ambient or cooled air to flow from or into an airflow insert pad of the mattress, and a heating mode in which the air controller is operated to cause heated air to flow to the airflow insert pad of the mattress. According to the determined mode, the bed system can control the air controller. In some implementations, the air controller operates in a first mode in response to one or more processors determining that a user is in stage N1, wherein the air controller operates in a second mode in response to the one or more processors determining that the user is in stage N2, wherein the air controller operates in a third mode in response to the one or more processors determining that the user is in stage N3, and wherein the air controller operates in a fourth mode in response to the one or more processors determining that the user is in REM sleep.”].
As per claim 2 wherein the at least one temperature control element includes: a heating element 1614 fig.37 and a cooling element 1616 fig.37; and wherein the controller is configured to activate at least one of the heating element and the cooling element to adjust the skin temperature in manner which increases NREM bout duration during the sleep stage sequence [0289 “This can warm the mattress 806 at a user's feet, for example, to improve comfort and/or help induce sleep more rapidly.” 0308 “In another example, the controller 890 can drive the foot warming system 802 automatically in order to improve sleep quality. … The controller 890 can identify in the historical sleep metrics incidences of low quality sleep experienced by the user and incidences of high quality sleep by the user and then generate a corrective plan that specifies a change to the foot warming system to improve sleep quality based on historical sleep metric incidences associated with high quality sleep.”].
As per claim 3 wherein the first setting is applied to the at least one temperature
control element to attempt to increase the skin temperature of the user by at least 0.1 degree
Celsius [0405 “For example, the user 1208 may prefer an environmental temperature of 72 degrees when out of bed, 70 degrees when in bed but awake, and 68 degrees when sleeping. The control circuitry 1234 of the bed 1202 can detect bed presence of the user 1208 in the evening and determine that the user 1208 is in bed for the night. In response to this determination, the control circuitry 1234 can generate control signals to cause the thermostat to change the temperature to 70 degrees.”].
As per claim 4 wherein the second setting is applied to the at least one temperature
control element to attempt to decrease the skin temperature of the user by at least 0.1 degree
Celsius [0405].
As per claim 5 wherein the current sleep state is predicted by a machine learning
Model [0496].
As per claim 6 wherein the at least one temperature control element includes: a heating element and a cooling element 1505 fig.36, 1614, 1616; and wherein each of the heating element and the cooling element include one or more thermal modulation settings [0448 “In some implementations, the foot warming controller 1502 can monitor the temperature of the heating element (Step C), and provide feedback signals (Step D) to modulate the operation of the heating element if necessary to maintain or achieve the desired temperature set point.” 0508 “The microclimate controller 2002 can modify the operation based on the analysis (Step G). For example, the heating or cooling operation can be modulated to maintain or achieve the air chamber pressure to the set point or other target point.”].
As per claim 7 wherein the one or more thermal modulation settings includes a higher
heating setting, a lower heating setting, a higher cooling setting, and a lower cooling setting (This limitation is obvious in the disclosure “the heating or cooling operation can be modulated” modulate inherently means to increase and decrease).
As per claim 8 wherein a user interface 1124 fig.33 is configured to receive a selection of the one or more thermal modulation settings indicating a preference for optimizing for thermal
modulation performance or optimizing for sound reduction [0405, 0438 “In some implementations, the controller 1602 can heat air at a temperature that is set by a user or automatically determined for optimally controlling the microclimate of the mattress 1604. For example, the controller 1602 includes the heater 1614 activated to heat air as the fan 1610 drives the air to pass through or around the heater. In other implementations, the controller 1602 can cool air at a temperature that is manually set or automatically determined for optimal microclimate control of the mattress.” 0498 “For example, one of the climate control zones can be controlled and/or adjusted based on input parameters for controlling another climate zone (e.g., an adjacent climate control zone) and/or output characteristics resulting from the control of the other climate control zone, so that the operations in both of the climate control zones can be improved or optimized.”].
As per claim 11 wherein the controller is configured to apply a third setting to the at
least one temperature control element to increase the skin temperature of the user when the
current sleep state is an awake state [0405 “Upon detecting that the user 1208 is in bed during the bed time range or asleep, the control circuitry 1234 can generate and transmit control signals to cause the thermostat 1216 to change the temperature to 68. The next morning, upon determining that the user is awake for the day (e.g., the user 1208 gets out of bed after 6:30 am) the control circuitry 1234 can generate and transmit control circuitry 1234 to cause the thermostat to change the temperature to 72 degrees.”].
As per claim 12 wherein the at least one temperature control element includes a
heating element 1508, 1614 configured to introduce hot air into the bed.
As per claim 13 wherein the at least one temperature control element includes a
cooling element 1616 configured to replace air in the bed with environmental air.
As per claim 14 a method comprising: determining a current sleep state of a user based on sensor data collected [0496] from one or more sensors 1308 fig.34 of a bed system, the bed system further comprising at least one heating element 1508, 1614, and at least one cooling element 1616; when the current sleep state is a non-rapid eye movement (NREM) state, activating the heating element to increase a skin temperature of the user; and when the current sleep state is a rapid eye movement (REM) state, activating the cooling element to decrease the skin temperature of the user[0405, 0496].
As per claim 15 wherein the heating element and cooling element are activated
dynamically based at least in part on the sensor data collected from the one or more sensors of
the bed system [0496].
As per claim 16 wherein the one or more sensors includes a temperature sensor 1346 fig.34.
As per claim 17 a system comprising: a heating element 1508, 1614 and a cooling element 1616 configured to be installed with a mattress 1310; a controller 1302 fig.34, 1502 fig.36, 1602 fig.37 configured to: receive a current sleep state of a sleep stage sequence for a user; when the current sleep state is a non-rapid eye movement (NREM) state, activate the heating element to increase a skin temperature of the user; and when the current sleep state is a rapid eye movement (REM) state, activate the cooling element to decrease the skin temperature of the user [0405, 0496].
20. The system of claim 17, wherein the controller is configured to activate the heating element
or cooling element in response to a sensed biometric of the user (the prior art disclose the sensed biometrics of the user is used to determine sleep state and based on sleep state the controller activates the heating and cooling elements) [0493 “The sleep cycle can be detected using various techniques, which can be included in the bed system 1100, or implemented with a separate system that can communicate with the bed system 1100. Example techniques include electroencephalography that shows the timing of sleep cycles by virtue of the marked distinction in brainwaves manifested during REM and non-REM sleep. Delta wave activity, correlating with slow-wave (deep) sleep, can show regular oscillations throughout a good night's sleep. Secretions of various hormones, including renin, growth hormone, and prolactin, may correlate positively with delta-wave activity, while secretion of thyroid-stimulating hormone correlates inversely. Heart rate variability, well-known to increase during REM, may also correlate inversely with delta-wave oscillations over the ˜90-minute cycle. In addition or alternatively, the techniques for determining in which stage of sleep the asleep subject is, electroencephalography may be combined with other devices used for this differentiation. EMG (electromyography) may be used to distinguish between sleep phases: for example, in general, a decrease of muscle tone is characteristic of the transition from wake to sleep, and during REM sleep there is a state of muscles atonia, resulting in an absence of signals in the EMG. In addition or alternatively, EOG (electrooculography) can be used to measure the eyes' movement. For example, REM sleep is characterized by a rapid eye movement pattern and detectable using the EOG. In addition or alternatively, methods based on cardiorespiratry parameters may be used in the analysis of sleep cycle if they are associated the other measurements such as electroencephalography, electrooculography and the electromyography. In addition or alternatively, homeostatic functions (e.g., thermoregulation) may occur normally during non-REM sleep, but not during REM sleep. Thus, during REM sleep, body temperature tends to drift away from its mean level, and during non-REM sleep, to return to normal. Alternation between the stages therefore maintains body temperature within an acceptable range.” 0496].
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) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karschnik in view of US Patent Publication US2020/00037776A1 hereinafter referred to as Brykalski.
Re-Claim 9
Karschnik discloses the claimed apparatus however does not discloses wherein an application automatically selects one of the one or more thermal modulation settings based on observed data indicating whether the user is sensitive to sound.
Brykalski teaches a system (fig.31) comprising a bed 2510 fig.31 wherein an application 2550 fig.31 automatically selects one of the one or more thermal modulation settings based on observed data indicating whether the user is sensitive to sound [0283 “Under some operational scenarios, such as, for example, when two or more thermal modules 2520A-2520D are working at the same time, the noise level generated by a climate-conditioned bed may create a nuisance or otherwise become bothersome. Accordingly, in some embodiments, the control module or other portion of the climate control system is programmed to ensure that the thermal modules 2520A-2520D are activated, deactivated, modulated and/or otherwise operated in a manner that ensures that the overall noise level originating from the bed or other seating assembly remains below a desired or required threshold level. For example, with reference to the bed assembly depicted in FIG. 31, the thermal modules 2520A-2520D associated with each climate zone 2511A-2511D can be cycled (e.g., turned on or off) to remain below such a threshold noise level. In some embodiments, the threshold or maximum noise level is determined by safety and health standards, other regulatory requirements, industry standards and/or the like. In other arrangements, an occupant is permitted to set the threshold or maximum noise level, at least to the extent provided by standards and other regulations, according to his or her own preferences. Such a setting can be provided by the user to the climate control system (e.g., control module) using a user input device.”].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the bed system of Karschnik and the bed having sound sensitive modulation of Brykalski and with a reasonable expectation of success arrived at a bed with thermal modulation settings responsive to sound sensitivity. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of addressing nuisance or otherwise bothersome noise levels generated by a climate-conditioned bed as taught in Brykalski [0283].
Re-claim 10
Karschnik as modified by Brykalski above discloses,
wherein an application automatically selects one of the one or more thermal modulation settings based on observed data indicating whether a second user of the bed is sensitive to sound (fig.31 the mattress 2510 is disclosed to accommodate a first and second user) [0283 & 0243 “. In the depicted embodiment, each side of the bed (e.g., the left side L and the right side R) is further divided into two zones or areas. By way of example, the left side L includes a first climate zone 2511A located along an upper portion of the bed 2510 and a second climate zone 2511C located along a lower portion of the bed 2510. Such zones can permit an occupant to selectively adjust the climate control effect on his or her side of the bed, as desired or required.”] Brykalski.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karschnik in view of US Patent 5,493,742 hereinafter referred to as Klearman.
Re-claim 18
Karschnik discloses the claimed apparatus and wherein the heating element and cooling element are positioned in a topper for a bed (see fig.31 & 1250, 1260 fig.38), however does not discloses wherein the topper including: a fabric cover comprising a fabric top and a fabric bottom with stitching patterned along multiple lines; and at least one layer positioned between the fabric top and the fabric bottom of the fabric cover.
Klearman teaches a topper 20 fig.1 for a bed wherein the conditioning element 34, 30, 28 fig.1 are positioned in a topper for a bed, the topper including: a fabric cover 26 fig.2 comprising a fabric top 26 and a fabric bottom 26 with stitching 44 fig.2 patterned along multiple lines (see fig.1); and at least one layer 24, 22 fig.1 positioned between the fabric top and the fabric bottom of the fabric cover.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the bed system of Karschnik and the bed having a fabric cover of Klearman and with a reasonable expectation of success arrived at a bed with thermal elements having a fabric cover. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of significantly improving the comfort of the user and allowing ventilation to the user’s skin as taught in Klearman [column 1 lines 65-68 and column 2 lines 1-19].
Re-Claim 19
Karschnik as modified by Klearman above discloses,
wherein the controller is configured to: receive an input from a user device to control the topper; and wherein the topper is configured to activate the cooling element or the heating element based on the input [0329 “The foot temperature selection input device 1146 is configured to allow a user to increase or decrease the temperature of the heating unit of the foot warming control system 1500. The climate control selection input device 1148 is configured to enable a user to select one or more mode of operation for the airflow layer (e.g., airflow pad), and/or adjust the temperature of the airflow layer, in the airflow pad control system 1600.”].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673