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
1. Applicant’s amendment filed December 20, 2024. Claims 1-22 have been presented for examination. Applicant’s amendment has been fully considered and entered.
Priority
2. Applicant's claim for domestic priority under 35 U.S.C. 119(e) is acknowledged. The application is filed on 12/20/2024 but claims the benefit of
U.S. Patent Application Serial No. 18/741237, fled on June 12, 2024, which is a continuation application of U.S. Patent Application Serial No. 17/526074, fled on April 08, 2021, which is a continuation application of U.S. Patent Application Serial No. 16/148,376, fled on October 1, 20718, which is a continuation application of U.S. Patent Application Serial No. 15/602,969, filed on May 23, 2017 and US continuation 14/732624 filed on 2015/06/05 and U.S. provisional application number 62/008480 filed on 2014/06/05 and 62/024945 filed on 2014/07/15 and 62/159177 filed on 2015/05/08 and 62/161 142 filed on 2015/05/13
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 06/18/25 and 10/24/25 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. 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.
7. Claims 1, 4-11 and 14-20 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).
Regarding claim 1, Nunn discloses a system comprising: (a) a bed device (Nunn, Fig.1, #12) comprising: (i) 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;
(ii) 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:
(A) detect a biological signal of a user while the user is on the bed device (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)), and
(B) generate an analog biological signal data 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);
(iii) an analog-to-digital converter (ADC) disposed within the side surface (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 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, 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)
(iv) a temperature control device (Nunn, Fig. 3, #308) disposed adjacent to the top surface (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
(b) a processor (Nunn, Fig. 2, 36) separate and remote from the 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), wherein the processor is configured to receive the digital biological signal data and based on the digital biological signal data (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).
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 data 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 associated with the user, a movement signal associated with the user, a presence signal associated with the user, a heart signal associated with the user, and a breathing signal associated with the user (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 9, Nunn discloses the system of claim 1, wherein the processor is configured to (i) determine a current sleep phase of the user based on the digital biological signal data, and (ii) cause the temperature control device to change the temperature of the zone of the bed device based on the sleep phase (para 47, determine various states of a person lying on the bed 30, determine when a person falls asleep and, while asleep, the various sleep states, para 41, temperature sensors and the central controller 302 can detect a rise in temperature, e.g., over a specified period of time, and determine that a user is present in the bed).
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 surface side 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 comprising: (a) providing a bed device (Nunn, Fig. 1, #12) comprising: (i) 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; (ii) a sensor disposed within the top surface (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),
(b) wherein the sensor is configured to: (A) detect a biological signal of a user while the user is on the bed device (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)), and
(B) generate an analog biological signal data 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);
(iii) an analog-to-digital converter (ADC) disposed within the side surface and configured to convert the analog biological signal data into a digital biological signal data 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 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); and
(iv) a temperature control device Nunn, Fig. 3,#308) disposed adjacent to the top surface (Nunn, paragraph [0037] teaches "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 temperature zone in [0037] and implies the use of multiple temperature zones in at least para [022] and [057]);
(c) using the sensor to detect the biological signal of the user and generate the analog biological signal data based on the detection (Nunn Fig. 2, analog to digital (A/D) converter 40, teaches A/D converter, para 23, A/D converter 40 can receive analog information from the pressure transducer 46 and convert the analog information to digital information useable by the processor 36, para 47, controller 302 may determine heart rate, respiration rate, or movement of a person lying in the bed 301);
(d) using the ADC to convert the analog biological signal data into the digital biological signal data (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 the 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);
(e) sensing the digital biological signal data to a processor, wherein the processor (Nunn, Fig. 2, 36) is configured to receive the digital biological signal data, wherein the processor is separate and remote from the bed device (Nunn and Oakhill both teach the use of wireless technology (i.e. remote device communication), 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)); and
(f) using the processor to direct the temperature control device to change the 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).
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 bed device 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).
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 associated with the user, a movement signal associated with the user, a presence signal associated with the user, a heart signal associated with the user, and a breathing signal associated with the user (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 19, Nunn discloses the method of claim 11, comprising (i) determining a current sleep phase of the user based on the digital biological signal data, and (ii) causing the temperature control device to change the temperature of the zone of the bed device based on the sleep phase (para 47, determine various states of a person lying on the bed 30, determine when a person falls asleep and, while asleep, the various sleep states, para 41, temperature sensors and the central controller 302 can detect a rise in temperature, e.g., over a specified period of time, and determine that a user is present in the bed).
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 surface side 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).
8. 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 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 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 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 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).
9. Claims 21-22 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 KRESSER (US 20140210626 A1) (hereinafter KRESSER).
Regarding claim 21, Nunn discloses a system comprising: (a) a bed device (Nunn, Fig.1, #12) comprising:
(i) 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; (ii) a sensor disposed within the top surface (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:
(A) detect a biological signal of a user while the user is on the bed device (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)), and
(B) generate an analog biological signal data 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);
(iii) an analog-to-digital converter (ADC) disposed within the side surface and configured to convert the analog biological signal data into a digital biological signal data (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 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, 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); and
(iv) a temperature control device (Nunn, Fig. 3, #308) disposed adjacent to the top surface (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
(b) a processor (Nunn, Fig. 2, 36) separate and remote from the bed device Nunn and Oakhill both teach the use of wireless technology, 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)), wherein the processor is configured to receive the digital biological signal data and based on the digital biological signal data direct the temperature control device to change the temperature of the zone of the bed device (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 the 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 the temperature control device to change the 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),
wherein the processor is configured to
(i)determine a current sleep phase of the user based on the digital biological signal data, and (ii) cause the temperature control device to change the temperature of the zone of the bed device based on the current sleep phase to improve a sleep environment of the user (para 24, A/D converter 40 receive analog information from the pressure, Nunn does not disclose determining a sleep phase or of changing the temperature based on the sleep phase; however Kresser discloses sleep system 201, is connected to a sleep system temperature adjustment unit a user and, control unit 117 adjusts sleep system temperature adjustment unit and sleep system humidity adjustment unit so as to awaken the person [073] and further discusses awakening a person by measuring sleep and initiating a wakeup signal based on the actual amount of a particular stage of sleep the person in [077] and determining desired amount of sleep, determine if the desired amount of sleep at a certain type or stage of sleep (e.g., REM, NREM, State N4, State N1, etc.) and In step S24, if the person is determined to be in a lighter stage of sleep [087, 089]; therefore, 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 bed of Nunn with this capability of Kresser for the benefit disclosed by Kresser, that being "by awakening the person while in a light stage of sleep, the person is less likely to awake in a state of confusion and disorientation and a better overall awakening experience for the person is provided").
Regarding claim 22, Nunn discloses a method comprising: (a) providing a bed device (Nunn, Fig.1, #12) comprising:
(i) 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; (ii) a sensor disposed within the top surface (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 of a user while the user is on the bed device (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)), and
generate an analog biological signal data 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);
(iii) an analog-to-digital converter (ADC) disposed within the side surface and configured to convert the analog biological signal data into a digital biological signal data (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 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, 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); and
(iv) a temperature control device (Nunn, Fig. 3, #308) disposed adjacent to the top surface (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]);
(b) using the sensor to detect the biological signal of the user and generate the analog biological signal data based on the detection; (c) using the ADC to convert the analog biological signal data into the digital biological signal data (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 the 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 the temperature control device to change the 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);
(d) sending the digital biological signal data to a processor, wherein the processor is configured to receive the digital biological signal data (para 24, A/D converter 40 receive analog information from the pressure), wherein the processor is separate and remote from the 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 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 the 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 the temperature control device to change the temperature of the zone of the bed device (Nunn and Oakhill both teach the use of wireless technology);
(e) using the processor to determine a current sleep phase of the user based on the digital biological signal data; and (f) using the processor to direct the temperature control device to change the temperature of the zone of the bed device (Nunn does not disclose determining a sleep phase or of changing the temperature based on the sleep phase; however Kresser discloses sleep system 201, is connected to a sleep system temperature adjustment unit a user and, control unit 117 adjusts sleep system temperature adjustment unit and sleep system humidity adjustment unit so as to awaken the person [073] and further discusses awakening a person by measuring sleep and initiating a wakeup signal based on actual amount of a particular stage of sleep person in [077] and determining desired amount of sleep, determine if desired amount of sleep at a certain type or stage of sleep (e.g., REM, NREM, State N4, State N1, etc.) and In step S24, if the person is determined to be in a lighter stage of sleep [087, 089]; therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of claimed invention to provide the bed of Nunn with this capability of Kresser for the benefit disclosed by Kresser, that being "by awakening the person while in a light stage of sleep, person is less likely to awake in a state of confusion and disorientation and a better overall awakening experience for the person is provided").
Conclusion
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/MIRZA F ALAM/ Primary Examiner, Art Unit 2689