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
Response to Amendment
Applicant’s amendment filed July 17, 2026. Claim 23-26 new. Claim 9, 19 and 21-22 cancelled. Claims 1-8,10-18,20 and 23-26 have been presented for examination. Applicant’s amendment has been fully considered and entered.
Claim Rejections - 35 USC § 103
2. 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.
3. 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.
4. 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.
5. Claims 1, 4-8, 10-11, 14-18, 20 and 23-26 are rejected under 35 U.S.C. 103(a) as being unpatentable over Nunn (US 2014/0259417 A1) (hereinafter Nunn) in view of Oakhill (US 2011/0224510 A1) (hereinafter Oakhill) and further in view of Kozlov (US 20110230790 A1) (hereinafter Kozlov).
Regarding claim 1, Nunn discloses a system comprising: (a) a bed device (Nunn, Fig.1, #12) comprising: a mattress or a mattress cover (Nunn, Fig 1, #18), wherein the mattress or the mattress cover comprises a top surface and a side surface (para 37, pad may be placed on top of or be part of the air mattress);
a sensor disposed on a bed (Nunn only generally describes the location of sensors, however, placing sensors at any desired location on a bed is known in the prior art and would have been obvious in view of Oakhill Fig.1, which teaches sensors on a top surface in order to detect data from a user on top of the sensors; furthermore, Applicant has not shown that there is any criticality to the claimed location), wherein the sensor is configured to:
detect a biological signal (Nunn, Fig.3, temperature sensor 309 detects temperature of a user, para 57, system 300 can detect biometric parameters of a user such as motion, respiration, and heartbeat (i.e., detect biological signal, para 60, controller 302 can determine a user's sleep state, e.g., rapid eye movement ("REM") or non-rapid eye movement ("NREM"), by using one or more of biometric parameters), and
generate an analog biological signal based on the detection (Nunn, Fig. 3, temperature is inherently analog data in that temperature exists on a continuum, thus the sensor must inherently be collecting analog data, para 61, FIG. 5 is a flow diagram method (500) of detecting snoring using biometric parameters of the user, para 63, controller 316 to monitor sound waves generated by the user, para 23, convert analog information to digital information useable by the processor 36);
an analog-to-digital converter (ADC) (Nunn does not explicitly describe the location of ADC, however Nunn paragraph [032, 18], analog to digital (A/D) converter 40 discloses that components may be wired or wireless, implying that they may be located within the bed or away from bed; furthermore, Oakhill teaches a similar bed apparatus that includes an Analog to Digital converter; Oakhill teaches in para [041] that “sensors 208 are disposed on the sidewalls of one or more bedding layers”; and may use a “wired or wireless connection; additionally, Oakhill teaches embedded within mattress or mattress cover in paragraph [0044] that the processor 308 may include an ADC, and teaches in paragraph [0045] that the processor may be directly or indirectly connected to the ADC; thus, Oakhill teaches that sensors, processors, and an ADC may be placed in any desired location; therefore, in view of the teachings of Nunn and Oakhill it is known that an ADC can be located wherever is convenient with no change in the functionality of the electronic system; moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to place the ADC at any location within the bed since it has been held that rearranging parts of an invention involves only routine skill in the art and because Applicant has not shown that there is any criticality to the claimed location) configured to convert the analog biological signal into a digital biological signal data (Nunn Fig. 2, analog to digital (A/D) converter 40, teaches A/D converter, para 47, controller 302 may determine heart rate, respiration rate, or movement of a person lying in the bed 301)
a temperature control device (Nunn, Fig. 3, #308) (Nunn, paragraph [0037] teaches "the temperature controller 308 is configured to increase, decrease, or maintain the temperature of a user. For example, a pad may be placed on top of or be part of the air mattress.") and configured to control a temperature of a zone of the bed device (Nunn teaches a temperature zone in paragraph [0037] and implies the use of multiple temperature zones in at least para [022] and [057]); and
a processor external to the (Nunn, Fig. 2, 36) bed device (para 24, processor 36 send the digital signal to the remote control 22 to update display 26 on the remote control (i.e., separate from bed device), Nunn and Oakhill both teach the use of wireless technology, i.e. remote device communication) (para 24, A/D converter 40 receive analog information from the pressure, Nunn does not explicitly address this limitation, however, Oakhill para [0044-0045] teaches "The analog-to-digital converter circuitry may convert analog signals received at the sensors to digital signals for further processing by sleep processor 308" therefore it would be obvious to send a digital signal to the processor of Nunn since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results) direct temperature control device to change temperature of the zone of the bed device (Nunn para [037], temperature controller 308 is configured to increase, decrease, or maintain the temperature of a user, para 67, air mattress includes multiple separate zones, para 40, The temperature controller 308 to increase or decrease temperature of the pad).
Nunn (US 2014/0259417 A1) and Oakhill fails to disclose determined sleep phase selected from one of a light sleep phase, a deep sleep phase, or a rapid eye movement sleep phase.
In analogous art, Kozlov discloses determined sleep phase selected from one of a light sleep phase, a deep sleep phase, or a rapid eye movement sleep phase (Abstract, A method for operating a sleep phase actigraphy and compares user physiological parameters, sleep settings, para 05-06, In the deep sleep phase body relaxed (comparing to REM phase, and temperature decreases, During REM brain temperature increase, para 17, monitoring system identifies REM and other sleep phase, para 113-116, user starts using system and change sleep environment (temperature, humidity, bed quality) for different sleep phase, para 51, adjust the sleep phase correction parameters for bed device).
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 temperature controller 308 is configured to increase, decrease, or maintain the temperature of a user disclosed by Nunn and Oakhill to detect sleep phases is by measurement of body movements during sleep (actigraphy) as taught by Kozlov to detect deep sleep phase the body (and the brain as well) is completely relaxed (pulse rate becomes more stable comparing to REM phase, and brain temperature decreases) [Kozlov, paragraph 006].
Regarding claim 4, Nunn discloses the system of claim 1, wherein the sensor and the ADC are electrically coupled via a wire (Nunn, para [032], network interface of the components may be configured to transmit and receive communications in a variety of wired and wireless protocols).
Regarding claim 5, Nunn discloses the system of claim 1, further comprising a computer bus disposed within the bed device, wherein the computer bus (Nunn, Fig. 4, communicate with each other via a bus 408) is configured to send the digital biological signal to the processor (Nunn Fig. 4, processor 402).
Regarding claim 6, Nunn discloses the system of claim 1, wherein the sensor comprises a plurality of sensors for detecting a plurality of types of biological signals (para 47, central controller 302 is configured to analyze data collected by a pressure transducer, determine the heart rate, respiration rate, or movement of a person lying in the bed 301, determine when a person falls asleep and, while asleep, the various sleep states of the person, determine when a person is snoring).
Regarding claim 7, Nunn discloses the system of claim 1, wherein the biological signal comprises one or more members selected from the group consisting of a temperature signal, a movement signal, a presence signal, a heart rate signal, and a breathing signal (para 27, 041, detect user presence using temperature changes detected in the mattress, detect a rise in temperature, e.g., over a specified period of time, and determine that a user is present in the bed, para 47, determine the heart rate, respiration rate, or movement of a person lying in the bed 301).
Regarding claim 8, Nunn discloses the system of claim 1, wherein the sensor comprises a temperature sensor or a piezo sensor (Fig. 3, para 27, one or more temperature sensors 309).
Regarding claim 10, Nunn discloses the system of claim 1, wherein the ADC is in data communication with the sensor via one or more wires that are disposed adjacent to at least a portion of the top surface and at least a portion of the side surface of the mattress or the mattress cover (Nunn, para [032], network interface of the components may be configured to transmit and receive communications in a variety of wired and wireless protocols, Oakhill paragraphs [0043] [0045] teach that sensors, processors, and ADC connected by wired or wireless technology; it would have been obvious to one of ordinary skill in the art prior to effective filing date of the claimed invention to provide either a wired or wireless connection since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results).
Regarding claim 11, Nunn discloses a method of controlling a temperature comprising: generating an analog biological signal based on an output from a sensor disposed within a top surface of the mattress cover (Nunn, Fig.3, temperature is inherently analog data in that temperature exists on a continuum, thus the sensor must inherently be collecting analog data, para 37, temperature controller 308 is configured to increase, decrease, or maintain the temperature of a user. For example, pad may be placed on top of or be part of the air mattress., para 61, FIG. 5 is a flow diagram method (500) of detecting snoring using biometric parameters of the user, para 63, controller 316 to monitor sound waves generated by the user, para 23, convert analog information to digital information useable by the processor 36).
Nunn does not explicitly describe the location of ADC, however Nunn paragraph [032], discloses that components may be wired or wireless, implying that they may be located within the bed or away from bed; furthermore, Oakhill teaches a similar bed apparatus that includes an Analog to Digital converter; Oakhill teaches in para [041] that “sensors 208 are disposed on the sidewalls of one or more bedding layers”; and may use a “wired or wireless connection; additionally, Oakhill teaches converting, by an analog to digital converter (ADC) embedded within the mattress cover in paragraph [0044] that the processor 308 may include an ADC, and teaches in paragraph [0045] that the processor may be directly or indirectly connected to the ADC; thus, Oakhill teaches that sensors, processors, and an ADC may be placed in any desired location; therefore, in view of the teachings of Nunn and Oakhill it is known that an ADC can be located wherever is convenient with no change in the functionality of the electronic system; moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to place the ADC at any location within the bed since it has been held that rearranging parts of an invention involves only routine skill in the art and because Applicant has not shown that there is any criticality to the claimed location) configured to convert the analog biological signal data into a digital biological signal data (Nunn, Fig. 2, #40 teaches an A/D converter).
Nunn (US 2014/0259417 A1) and Oakhill fails to disclose determining, by a processor external to the mattress cover, a sleep phase based on the digital biological signal; and adjusting, by a temperature control device, the temperature of the mattress cover based on the sleep phase.
In analogous art, Kozlov discloses determining, by a processor external to the mattress cover, a sleep phase based on the digital biological signal; and adjusting, by a temperature control device, the temperature of the mattress cover based on the sleep phase (Abstract, A method for operating a sleep phase actigraphy and compares user physiological parameters, sleep settings, para 05-06, In the deep sleep phase body relaxed (comparing to REM phase, and temperature decreases, During REM brain temperature increase, para 17, monitoring system identifies REM and other sleep phase, para 113-116, user starts using system and change sleep environment (temperature, humidity, bed quality) for different sleep phase, para 51, adjust the sleep phase correction parameters for bed device).
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 temperature controller 308 is configured to increase, decrease, or maintain the temperature of a user disclosed by Nunn (US 2014/0259417 A1) and Oakhill to detect sleep phases is by measurement of body movements during sleep (actigraphy) as taught by Kozlov to detect deep sleep phase the body (and the brain as well) is completely relaxed (pulse rate becomes more stable comparing to REM phase, blood pressure falls and brain temperature decreases) [Kozlov, paragraph 006].
Regarding claim 14, Nunn discloses the method of claim 11, wherein the sensor and the ADC are electrically coupled via a wire (Nunn, para [032], network interface of the components may be configured to transmit and receive communications in a variety of wired and wireless protocols).
Regarding claim 15, Nunn discloses the method of claim 11, comprising using a computer bus disposed within the mattress cover to send the digital biological signal data to the processor (Nunn, Fig. 4, communicate with each other via a bus 408) is configured to send the digital biological signal data to the processor (Nunn Fig. 4, processor 402, para 37, temperature controller 308 is configured to increase, decrease, or maintain the temperature of a user. For example, pads may be placed on top of or be part of the air mattress).
Regarding claim 16, Nunn discloses the method of claim 11, wherein the sensor comprises a plurality of sensors for detecting a plurality of types of biological signals (para 47, central controller 302 is configured to analyze data collected by a pressure transducer, determine the heart rate, respiration rate, or movement of a person lying in the bed 301, determine when a person falls asleep and, while asleep, the various sleep states of the person, determine when a person is snoring).
Regarding claim 17, Nunn discloses the method of claim 11, wherein the biological signal comprises one or more members selected from the group consisting of a temperature signal, a movement signal, a presence signal, a heart signal, and a breathing signal (para 27, 041, detect user presence using temperature changes detected in the mattress, detect a rise in temperature, e.g., over a specified period of time, and determine that a user is present in the bed, para 47, determine the heart rate, respiration rate, or movement of a person lying in the bed 301).
Regarding claim 18, Nunn discloses the method of claim 11, wherein the sensor comprises a temperature sensor or a piezo sensor (Fig. 3, para 27, one or more temperature sensors 309).
Regarding claim 20, Nunn discloses the method of claim 11, wherein the ADC is in data communication with the sensor via one or more wires that are disposed adjacent to at least a portion of the top surface and at least a portion of the side surface of the mattress cover (Nunn, para [032], network interface of the components may be configured to transmit and receive communications in a variety of wired and wireless protocols, Oakhill paragraphs [0043] [0045] teach that sensors, processors, and ADC connected by wired or wireless technology; it would have been obvious to one of ordinary skill in the art prior to effective filing date of the claimed invention to provide either a wired or wireless connection since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results).
Regarding claim 23, Nunn discloses the system of claim 1, wherein the processor is configured to direct the temperature control device to change the temperature of the zone on the bed device if temperature of the zone is outside a range associated with the determined sleep phase (para 40, temperature controller 308 to increase or decrease the temperature of pad depending on temperature input into the remote controller 312, para 69, temperature of the bed 301 regulated using a pad placed on top of mattress with heating/cooling pad integrated into mattress).
Regarding claim 24, Nunn discloses the system of claim 1, wherein the processor is configured to determine the sleep phase based on a heart rate signal or breathing rate signal (para 47, controller 302 determine the heart rate, respiration rate, or movement of a person lying in the bed 301 and using collected data to determine a possible sleep state of the person).
Regarding claim 25, Nunn discloses the system of claim 11, wherein the temperature control device is configured to adjust the temperature of the mattress cover based on the sleep phase and a wake-up time (para 40, temperature controller 308 configure to increase or decrease the temperature of the pad, para 14, FIG. 7, making adjustments to environment or a bed in response to detecting snoring of a user, para 45, increasing/decreasing pressure of the air mattress, adjusting positions of the bed, and adjusting temperature, para 57, in a first technique for snoring detection, detect biometric parameters ,motion, respiration, and heartbeat while user is awake and while the user is sleeping).
Regarding claim 26, Nunn discloses the system of claim 11, further comprising an alarm system configured to vibrate at a wake-up time determined based on the sleep phase (para 57, in a first technique for snoring detection, detect biometric parameters, motion, respiration, and heartbeat while user is awake and while the user is sleeping).
Kozlov also discloses device for awakening (alarm clock device) and vibrating motors or other vibration device can be used to awaken sleepers [056].
6. Claims 2-3 and 12-13 are rejected under 35 U.S.C. 103(a) as being unpatentable over Nunn (US 2014/0259417 A1) (hereinafter Nunn) in view of Oakhill (US 2011/0224510 A1) (hereinafter Oakhill) and further in view of Kozlov (US 20110230790 A1) (hereinafter Kozlov) and further in view of Greenstein (US 20150128354 A1) (hereinafter Greenstein).
Regarding claim 2, Nunn discloses the system of claim 1, wherein the sensor and the ADC are provided as components of a layer of the bed device (Nunn, Fig. 2,A/D converter and disclosed sensors are considered to be “components” of the bed, however Nunn does not disclose details of their construction;
Greenstein teaches a similar apparatus and teaches additional details of sensor configurations, including sensor strips located in a layer of a bed device as seen in Fig. 2b at #222 and discussed in paragraph [0072]; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the sensors of
Nunn in the structural configuration disclosed by Greenstein since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious
results; furthermore in the combination of the bed of Nunn and the sensor strips of Greenstein, the A/D converter and the sensors are considered to be "components" of the sensor layer disclosed by Greenstein).
Regarding claim 3, Nunn discloses the system of claim 1, wherein the sensor and the ADC are provided as components of a sensor strip, and the sensor strip is a layer of the bed device (Nunn, Fig. 2,A/D converter and disclosed sensors are considered to be “components” of the bed, however Nunn does not disclose details of their construction;
Greenstein teaches a similar apparatus and teaches additional details of sensor configurations, including sensor strips located in a layer of a bed device as seen in Fig. 2b at #222 and discussed in paragraph [0072]; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the sensors of
Nunn in the structural configuration disclosed by Greenstein since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious
results; furthermore in the combination of the bed of Nunn and the sensor strips of Greenstein, the A/D converter and the sensors are considered to be "components" of the sensor layer disclosed by Greenstein).
Regarding claim 12, Nunn discloses the method of claim 11, wherein the sensor and the ADC are provided as components of a layer of the mattress cover (Nunn, Fig. 2,A/D converter and disclosed sensors are considered to be “components” of the bed, however Nunn does not disclose details of their construction;
Greenstein teaches a similar apparatus and teaches additional details of sensor configurations, including sensor strips located in a layer of a bed device as seen in Fig. 2b at #222 and discussed in paragraph [0072]; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the sensors of
Nunn in the structural configuration disclosed by Greenstein since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious
results; furthermore in the combination of the bed of Nunn and the sensor strips of Greenstein, the A/D converter and the sensors are considered to be "components" of the sensor layer disclosed by Greenstein).
Regarding claim 13, Nunn discloses the method of claim 11, wherein the sensor and the ADC are provided as components of a sensor strip, and the sensor strip is a layer of the mattress cover (Nunn, Fig. 2,A/D converter and disclosed sensors are considered to be “components” of the bed, however Nunn does not disclose details of their construction;
Greenstein teaches a similar apparatus and teaches additional details of sensor configurations, including sensor strips located in a layer of a bed device as seen in Fig. 2b at #222 and discussed in paragraph [0072]; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the sensors of
Nunn in the structural configuration disclosed by Greenstein since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious
results; furthermore in the combination of the bed of Nunn and the sensor strips of Greenstein, the A/D converter and the sensors are considered to be "components" of the sensor layer disclosed by Greenstein).
Response to Arguments
7. Applicant’s arguments/amendments regarding the rejection of claim 1-8,10-18,20 and 23-26 filed on July 17, 2026, have been fully considered but arguments are moot because newly added limitation to the claim requires a new ground of rejection necessitated by amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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 normally be reached on 8:00AM-5:00PM.
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 2688
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