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 .
Response to Amendments
The preliminary amendments, filed January 22, 2025, have been entered. Claims 3-13, 15-18, and 20 have been amended. Claims 14, 19, and 21-24 have been cancelled. Claims 1-13, 15-18, 20, and 25-26 are currently pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 25 and 26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 25, it is unclear if the adjustable underlay comprising a plurality of selectively adjustable segments introduced in lines 7-8 are the same as the adjustable underlay and selectively adjustable segments introduced in line 2. For examination purposes, it is assumed the adjustable underlay and segments of lines 7-8 are the same as the adjustable underlay and segments of line 2.
Regarding claim 26, it is unclear if the adjustable underlay comprising a plurality of selectively adjustable segments introduced in lines 11-12 are the same as the adjustable underlay and selectively adjustable segments introduced in line 2. For examination purposes, it is assumed the adjustable underlay and segments of lines 11-12 are the same as the adjustable underlay and segments of line 2.
Claim Rejections - 35 USC § 103
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 1-6, 8-11, 13, 18, 20, 25, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Kahn (U.S. Patent No. 11,253,079) in view of Oreja Puerto (Patent Publication No. WO 2015/033008 A1)
Regarding claim 1, Kahn (U.S. Patent No. 11,253,079) discloses a method, comprising: receiving sleeping data corresponding to an actual sleeping position of a user (Col. 1, line 65-Col. 2, line 6); determining the actual sleeping position on an adjustable underlay (Figure 2B and Col. 2, line 62-Col. 3, line 11), the adjustable underlay (shown in Figures 2B-3A) having a plurality of selectively adjustable segments 1-7 (Figure 3).
Kahn does not disclose comparing the actual sleeping position to an intended sleeping position of the user; and in response to determining that the actual sleeping position is different than the intended sleeping position, adjusting the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position.
Oreja Puerto (WO 2015/0033008 A1) teaches comparing the actual sleeping position to an intended sleeping position of the user (paragraphs 0023-0024); and in response to determining that the actual sleeping position is different than the intended sleeping position, adjusting the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position (paragraph 0040 and Figure 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kahn with Oreja Puerto (both being directed to automatically adjustable mattresses) and arrived at comparing the actual sleeping position to an intended sleeping position of the user; and in response to determining that the actual sleeping position is different than the intended sleeping position, adjusting the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position. One of ordinary skill in the art would have been motivated to do so because the postural adjustments of Oreja Puerto aids in maintaining a user who deals with sleep apnea or snoring in a sleeping position that helps to open airways and increase quality of sleep (paragraphs 0038-0040).
Regarding claim 2, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses wherein adjusting the adjustable underlay includes adjusting one or more of the plurality of selectively adjustable segments 1-7 without affecting remaining ones of the plurality of selectively adjustable segments 1-7 (see Kahn, Figure 5, Col. 2, lines 16-43 and Col. 2, line 62-Col. 3, line 28 and see Oreja Puerto, paragraph 0070).
Regarding claim 3, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses wherein adjusting the adjustable underlay 1-7 includes inflating and/or deflating the adjustable underlay with one or more of air, a liquid, or other materials (see Kahn, Col. 2, lines 40-43 and Col. 3, line 64-Col. 4, line 3).
Regarding claim 4, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses wherein the adjustable underlay 1-7 is inflatable with air (see Kahn, Col. 2, lines 40-43 and Col. 3, line 64-Col. 4, line 3), the plurality of selectively adjustable segments being individually inflatable with air such that inflation and/or deflation of any segment leaves any other segment unaffected (see Kahn, Figure 5, Col. 2, lines 16-43 and Col. 3, line 64-Col. 4, line 3).
Regarding claim 5, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses monitoring a number of adjustments made to the actual sleeping position during a sleep session; correlating the number of adjustments made during the sleep session with a quality of sleep experienced by the user during the sleep session; and outputting the quality of sleep experienced by the user during the sleep session (see Kahn, Col. 5, lines 8-15, lines 48-63 and Col. 6, lines 49-65).
Regarding claim 6, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses monitoring an intensity of the adjustments made to the actual sleeping position during the sleep session (see Kahn, Col. 5, lines 48-63); and correlating the intensity of the adjustments made and the number of adjustments made during the sleep session with the quality of sleep experienced by the user during the sleep session (see Kahn, Col. 5, lines 48-63 and Col. 6, lines 49-65).
Regarding claim 8, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses wherein at least a portion of the adjustable underlay 1-7 (defining a mattress, see Kahn, Figures 2B-3A) is positioned between a sleeping surface (defined by the bedframe, Col. 4, lines 4-27) and the user while the user is on the adjustable underlay (see Kahn, Figures 2B-3A).
Regarding claim 9, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses wherein at least one of the plurality of selectively adjustable segments 1-7 is a pillow segment 7 (see Kahn, Figures 2B-3A), wherein the intended sleeping position includes a neck alignment of the user (see Kahn, Col. 2, line 62-Col. 3, line 11 and Figure 2B, where zone 7 corresponds to the head of a user and the system of Kahn is configured to align the entire spine).
Regarding claim 10, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses wherein the sleeping data corresponding to the actual sleeping position of the user is received from one or more accelerometers 416 coupled to the user and/or positioned in a vicinity of the user (see Kahn, Col. 4, lines 4-12).
Regarding claim 11, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses wherein the sleeping data corresponding to the actual sleeping position of the user is received from one or more pressure and/or pneumatic sensors 416 integrated with the adjustable underlay 412 (see Kahn, Col. 4, lines 4-19).
Regarding claim 13, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses using the received sleeping data to determine a current quality of sleep experienced by the user (see Kahn, Col. 4, lines 4-8 and Col. 6, lines 29-48); in response to determining that the current quality of sleep is not in a predetermined range, adjusting the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position (see Kahn, Figure 6 and Col. 7, line 36-Col. 8, line 2 and see Oreja Puerto, paragraph 0040 and Figure 12).
Regarding claim 18, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses wherein comparing the actual sleeping position to an intended sleeping position of the user includes: in response to determining that a quality of sleep experienced by the user is outside a predetermined range (see Oreja Puerto, paragraph 0088, where increased pressure outside a reference range results in adjustment of the bed), adjusting the adjustable underlay to encourage the user to change the actual sleeping position to a sleeping position configured to improve the quality of sleep experienced by the user (see Kahn, Figure 6 and Col. 7, line 36-Col. 8, line 2 and see Oreja Puerto, paragraph 0040 and Figure 12); and outputting the quality of sleep experienced by the user during the sleep session (see Kahn, Col. 5, lines 8-15, lines 48-63 and Col. 6, lines 49-65).
Regarding claim 20, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, further discloses receiving a selection indicating a pre-set sleeping position (see Oreja Puerto, paragraphs 0044-0045), the pre-set sleeping position identifying settings for the plurality of selectively adjustable segments (see Oreja Puerto, paragraphs 0044-0045); and identifying the pre-set sleeping position as the intended sleeping position (see Oreja Puerto, paragraphs 0044-0045).
Regarding claim 25, a system comprising: an adjustable underlay having a plurality of selectively adjustable segments 1-7 (Figure 3); a memory device having stored thereon machine-readable instructions (Figure 10 and Col. 10, line 65-Col. 11, line 17); and a control system 414 including one or more processors 430 configured to execute the machine- readable instructions to: receive sleeping data corresponding to an actual sleeping position of a user (Col. 3, line 64-Col. 4, line 27); determine the actual sleeping position on an adjustable underlay, the adjustable underlay having a plurality of selectively adjustable segments 1-7 (Col. 3, line 64-Col. 4, line 27);
Kahn does not disclose the processors configured to compare the actual sleeping position to an intended sleeping position of the user; and in response to determining that the actual sleeping position is different than the intended sleeping position, adjust the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position.
Oreja Puerto teaches processors configured to compare the actual sleeping position to an intended sleeping position of the user (paragraphs 0023-0024); and in response to determining that the actual sleeping position is different than the intended sleeping position, adjust the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position (paragraph 0040 and Figure 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kahn with Oreja Puerto (both being directed to automatically adjustable mattresses) and arrived at the processors being configured to compare the actual sleeping position to an intended sleeping position of the user; and in response to determining that the actual sleeping position is different than the intended sleeping position, adjust the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position. One of ordinary skill in the art would have been motivated to do so because the postural adjustments of Oreja Puerto aids in maintaining a user who deals with sleep apnea or snoring in a sleeping position that helps to open airways and increase quality of sleep (paragraphs 0038-0040).
Regarding claim 26, Kahn discloses a system comprising: an adjustable underlay having a plurality of selectively adjustable segments 1-7, each of which may selectively be inflated or deflated to adjust the amount of air included in the respective segment 1-7 (Figures 3 and 5, Col. 2, lines 16-43 and Col. 2, line 62-Col. 3, line 28); a memory device having stored thereon machine-readable instructions (Figure 10 and Col. 10, line 65-Col. 11, line 17); and a control system 413 including one or more processors 430 configured to execute the machine- readable instructions to: receive sleeping data corresponding to an actual sleeping position of the user (Col. 3, line 64-Col. 4, line 27); determine the actual sleeping position on an adjustable underlay, the adjustable underlay 1-7 having a plurality of selectively adjustable segments 1-7;
Kahn does not disclose a respiratory therapy system configured to selectively supply pressurized air to a user and/or the adjustable underlay; the processor configured to compare the actual sleeping position to an intended sleeping position of the user; and in response to determining that the actual sleeping position is different than the intended sleeping position, adjust the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position.
Oreja Puerto teaches a respiratory therapy system configured to selectively supply pressurized air to a user and/or the adjustable underlay (paragraphs 0042-0043); processors configured to compare the actual sleeping position to an intended sleeping position of the user (paragraphs 0023-0024); and in response to determining that the actual sleeping position is different than the intended sleeping position, adjust the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position (paragraph 0040 and Figure 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kahn with Oreja Puerto (both being directed to automatically adjustable mattresses) and arrived at the processors being configured to compare the actual sleeping position to an intended sleeping position of the user; and in response to determining that the actual sleeping position is different than the intended sleeping position, adjust the adjustable underlay to encourage the user to change the actual sleeping position to the intended sleeping position. One of ordinary skill in the art would have been motivated to do so because the postural adjustments of Oreja Puerto aids in maintaining a user who deals with sleep apnea or snoring in a sleeping position that helps to open airways and increase quality of sleep (paragraphs 0038-0040).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kahn in view of Oreja Puerto and further in view of Shelly (U.S. Publication No. 2022/0016371).
Regarding claim 7, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, does not explicitly disclose wherein outputting the quality of sleep experienced by the user during the sleep session includes: suggesting one or more changes to the intended sleeping position, the changes being configured to improve the quality of sleep experienced by the user during a subsequent sleep session.
Shelly teaches wherein outputting the quality of sleep experienced by the user during the sleep session includes: suggesting one or more changes to the intended sleeping position, the changes being configured to improve the quality of sleep experienced by the user during a subsequent sleep session (paragraphs 0043-0044 and 0048-0050).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kahn, as modified, (directed to automatically adjustable mattresses with sleep monitoring) with Shelly (directed to a sleep monitoring system) such that outputting the quality of sleep experienced by the user during the sleep session includes suggesting one or more changes to the intended sleeping position, the changes being configured to improve the quality of sleep experienced by the user during a subsequent sleep session. One of ordinary skill in the art would have been motivated to do so because encouraging a user to avoid certain sleep positions may help improve quality of sleep (paragraph 0048).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kahn in view of Oreja Puerto and further in view of Zakharov (U.S. Publication No. 2022/0104704).
Regarding claim 12, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, does not explicitly disclose wherein the sleeping data corresponding to the actual sleeping position of the user is wave-based data received from a device selected from the group consisting of a sound navigation and ranging (sonar) device, a radio detection and ranging (radar) device, and a light detection and ranging (LiDAR) device.
Zakharov teaches wherein the sleeping data corresponding to the actual sleeping position of the user is wave-based data received from a device selected from the group consisting of a sound navigation and ranging (sonar) device, a radio detection and ranging (radar) device, and a light detection and ranging (LiDAR) device (paragraph 0083, where motion detection system 702 uses radio control signals to detect user motion, breathing rate, sleeping behavior).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kahn, as modified, (directed to automatically adjustable mattresses with sleep monitoring) with Zakharov (directed to a sleep monitoring system) such that the sleeping data corresponding to the actual sleeping position of the user is wave-based data received from a device selected from the group consisting of a sound navigation and ranging (sonar) device, a radio detection and ranging (radar) device, and a light detection and ranging (LiDAR) device. One of ordinary skill in the art would have been obvious to one of ordinary skill in the art because the motion detection of Zakharov monitors additional variables, such as breathing rate, to help improve the quality of a user’s sleep (paragraph 0083 and 005-0086).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kahn in view of Oreja Puerto and further in view of DeFranks (U.S. Publication No. 2019/0174930).
Regarding claim 15, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, does not disclose wherein the adjustable underlay is separate from a mattress.
DeFranks teaches wherein the adjustable underlay 202 is separate from a mattress 204 (Figures 12-13 and paragraph 0075).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kahn, as modified, with DeFranks (both being directed to automatically adjustable mattresses) such that the adjustable underlay is separate from a mattress. One of ordinary skill in the art would have been motivated to do so because the topper configuration of DeFranks allows for the adjustable segments to be used in conjunction with a user’s existing mattress (Figures 12-13 and paragraph 0075)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kahn in view of Oreja Puerto and further in view of Crousore (U.S. Publication No. 2008/0155755).
Regarding claim 16, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, does not disclose wherein the adjustable underlay is integrated in an upper region of a mattress.
Crousore teaches wherein the adjustable underlay 18, 20, 22 is integrated in an upper region of a mattress 10 (Figures 3-4 and paragraph 0029, where the surround 24 underlies and supports the adjustable underlay 18, 20, and 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kahn, as modified, with Crousore (both being directed to automatically adjustable mattresses) such that the adjustable underlay is integrated in an upper region of a mattress. One of ordinary skill in the art would have been motivated to do so because the surround of Crousore provides additional support to the adjustable underlay (paragraph 0029).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kahn in view of Oreja Puerto and further in view of Ribble (U.S. Publication No. 2019/0117152).
Regarding claim 17, Kahn, as modified, discloses the subject matter as discussed above with regard to claim 1. Kahn, as modified, does not explicitly disclose wherein comparing the actual sleeping position to an intended sleeping position of the user includes: updating the intended sleeping position in response to determining that the intended sleeping position has been used to adjust the actual sleeping position for a predetermined amount of time; and in response to determining that the actual sleeping position is different than the updated intended sleeping position, adjusting the adjustable underlay to encourage the user to change the actual sleeping position to the updated intended sleeping position.
Ribble teaches comparing the actual sleeping position to an intended sleeping position of the user includes: updating the intended sleeping position in response to determining that the intended sleeping position has been used to adjust the actual sleeping position for a predetermined amount of time (paragraphs 0035 and 0049, where the air system operates to be in flat or collapsed positions for a time period a user takes to fall asleep); and in response to determining that the actual sleeping position is different than the updated intended sleeping position, adjusting the adjustable underlay to encourage the user to change the actual sleeping position to the updated intended sleeping position (paragraphs 0035-0036 and 0049).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kahn, as modified, with Ribble (both being directed to automatically adjustable mattresses) such that comparing the actual sleeping position to an intended sleeping position of the user includes: updating the intended sleeping position in response to determining that the intended sleeping position has been used to adjust the actual sleeping position for a predetermined amount of time; and in response to determining that the actual sleeping position is different than the updated intended sleeping position, adjusting the adjustable underlay to encourage the user to change the actual sleeping position to the updated intended sleeping position. One of ordinary skill in the art would have been motivated to do so because the time delay of Ribble allows for the system to react when a user wakes and begins to fall asleep (paragraph 0049).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu (U.S. Publication No. 2020/0245780) which discloses a bed with an adjustable, inflatable underlay and configured to detect a user position.
Shr (U.S. Publication No. 2023/0381040) which discloses a bed with an adjustable, inflatable underlay and configured to detect a user position.
Ohno (U.S. Publication No. 2019/0174931) which discloses a bed with an adjustable, inflatable underlay and configured to detect a user position.
Saghiri (U.S. Patent No. 10,905,249) which discloses a method of monitoring sleep quality.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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