DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Claims 1-18 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 11/07/2025, 04/15/2025, and 12/31/2024 has been acknowledged by the Office.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a mattress support panel” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 9-11, and 13 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soltani et al., hereinafter 'Soltani' (US 6012186 A).
In regards to Claim 1, Soltani teaches: A pneumatic adjustment module (10 - Fig. 1) configured to removably attach to a mattress support panel (shown in Fig. 5 to be removably attached to mattress support panel [30, 32, 40, 44] - Fig. 1) of an adjustable bed (11 - Fig. 1), the pneumatic adjustment module comprising: a base (26 - Fig. 5) configured to be received on the mattress support panel of the adjustable bed; a tilt panel attached to the base (32- Fig. 5) with a vertex hinge (280 - Fig. 10, Col 12 Lines 50-54); a bladder positioned between the base and tilt panel ([68, 70] - Fig. 5), the bladder pneumatically expandable from a deflated condition (Fig. 3 shows deflated configuration) to an inflated condition (Fig. 4 shows inflated configuration), wherein when the bladder is in the deflated condition, the tilt panel is substantially parallel to the base (Fig. 3 shows tilt panel substantially parallel to base), and wherein when the bladder is in the inflated condition, the bladder has an effectively triangular cross section (Fig. 4 shows bladder in a triangular cross section from the side angle, see annotated Fig. 4.1 from Soltani) having a vertex proximate the vertex hinge (52 - Fig. 4, see annotated Fig. 4.1 from Soltani) and the tilt panel has a tilt angle with respect to the base (see annotated Fig. 4.1 from Soltani).
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Annotated Fig. 4.1 from Soltani
In regards to Claim 2, Soltani teaches: The pneumatic adjustment module of claim 1, wherein the bladder comprises multiple expansion segments (Col 6 Line 45 - Col 7 Line 15).
In regards to Claim 3, Soltani teaches: The pneumatic adjustment module of claim 2, wherein each one of the multiple expansion segments includes lobes interconnected for inflation of the one expansion segment (72/74 of expansion segment 70 - Fig. 5 | AND | 72/74 of expansion segment 68 - Fig. 5).
In regards to Claim 9, Soltani teaches: A pneumatic adjustment module (10 - Fig. 1) configured to removably attach to a mattress support panel (shown in Fig. 5 to be removably attached to mattress support panel [30, 32, 40, 44] - Fig. 1) of an adjustable bed (11 - Fig. 1), the pneumatic adjustment module comprising: a base (26 - Fig. 5) configured to be received on the mattress support panel of the adjustable bed; a tilt panel (32- Fig. 5) having a rectangular planar structure (rectangular structure of 32 shown in Fig. 5) that defines an upper edge and a lower edge at opposing sides of the rectangular planar structure (54 is upper edge / 52 is lower edge - Fig. 5), the lower edge of the tilt panel attached along a corresponding portion of the base with a vertex hinge (280 - Fig. 10, Col 12 Lines 50-54); and a bladder positioned between the base and the tilt panel ([68, 70] - Fig. 5), the bladder having a plurality of separate expansion segments overlapping between the base and the tilt panel (Col 6 Line 45 - Col 7 Line 15), wherein the bladder is pneumatically expandable from a deflated condition with the tilt panel substantially parallel to the base (Fig. 3 shows deflated configuration) in an inflated condition with the tilt panel positioned at a tilt angle with respect to the base (Fig. 4 shows inflated configuration).
In regards to Claim 10, Soltani teaches: The pneumatic adjustment module of claim 9, wherein with the bladder in the inflated condition, the bladder has a triangular cross section (Fig. 4 shows bladder in a triangular cross section from the side angle, see annotated Fig. 4.1 from Soltani).
In regards to Claim 11, Soltani teaches: The pneumatic adjustment module of claim 9, wherein with the bladder in the inflated condition, the bladder has a vertex proximate and is spaced from the vertex hinge (52 - Fig. 4, see annotated Fig. 4.1 from Soltani).
In regards to Claim 13, Soltani teaches: The pneumatic adjustment module of claim 9, wherein each one of the plurality of expansion segments includes lobes interconnected for inflation of the one expansion segment (72/74 of expansion segment 70 - Fig. 5 | AND | 72/74 of expansion segment 68 - Fig. 5).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over 'Soltani' (US 6012186 A) in view of Wittekind et al., hereinafter 'Wittekind' (US 20190307257 A1).
In regards to Claim 4, Soltani teaches: The pneumatic adjustment module of claim 3, but Soltani does not explicitly teach, wherein the lobes of each one of the multiple expansion segments are interconnected by molded or bonded seams.
Wittekind teaches: wherein the lobes of each one of the multiple expansion segments are interconnected by molded or bonded seams (Para 0041: "For example, a roller heat sealer can be used to heat seal the seams of the inflatable bladder 708. In another embodiment, an ultrasonic sealer could also be used to seal the seams. Alternatively, other manufacturing techniques can be used to construct the inflatable bladder 708.").
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Soltani to include molded or bonded seams interconnecting the lobes of the multiple expansion segments as taught by Wittekind, as such seams represent a known manufacturing technique for forming inflatable structures and would have predictably improved structural integrity and manufacturability of the pneumatic adjustment module.
In regards to Claim 14, Soltani teaches: The pneumatic adjustment module of claim 13, but Soltani does not explicitly teach, wherein the lobes of each one of the multiple expansion segments are interconnected by molded or bonded seams.
Wittekind teaches: wherein the lobes of each one of the multiple expansion segments are interconnected by molded or bonded seams (Para 0041: "For example, a roller heat sealer can be used to heat seal the seams of the inflatable bladder 708. In another embodiment, an ultrasonic sealer could also be used to seal the seams. Alternatively, other manufacturing techniques can be used to construct the inflatable bladder 708.").
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Soltani to include molded or bonded seams interconnecting the lobes of the multiple expansion segments as taught by Wittekind, as such seams represent a known manufacturing technique for forming inflatable structures and would have predictably improved structural integrity and manufacturability of the pneumatic adjustment module.
Claim(s) 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over 'Soltani' (US 6012186 A) in view of Mcintyre (US 20150282630 A1).
In regards to Claim 5, Soltani teaches: The pneumatic adjustment module of claim 1, wherein the tilt angle has a range from substantially 0° with the bladder in the deflated condition (Fig. 3 of Soltani), but Soltani does not explicitly teach, to a maximum angle, between 20° and 30° with the bladder in the inflated condition.
Mcintyre teaches: to a maximum angle, between 20° and 30° with the bladder in the inflated condition (Para 0031: " In other examples, inflatable bladder 122 of lower extremity section 120 may form an angle of approximately thirty-five degrees relative to the bottom surface of lower extremity section 120 when fully inflated to, for example, raise a users feet above their heart.", noting that approximately is not defined by Mcintyre and can imply that precision isn't critical to function such that 35 degrees would likely be considered "approximately 30". Furthermore, if the bladder was less than fully inflated it would be within the broad claimed range).
It would have been obvious to one of ordinary skill in the art to modify Soltani to provide a maximum tilt angle between 20° and 30° as taught by McIntyre, since McIntyre demonstrates that such angular ranges are suitable for inflatable support systems and represent a result effective variable achievable through routine optimization of inflation levels.
In regards to Claim 15, Soltani teaches: The pneumatic adjustment module of claim 9, wherein the tilt angle has a range from substantially 0° with the bladder in the deflated condition to a maximum angle (Fig. 3 of Soltani), but Soltani does not explicitly teach, to a maximum angle, between 20° and 30° with the bladder in the inflated condition.
Mcintyre teaches: to a maximum angle, between 20° and 30° with the bladder in the inflated condition (Para 0031: " In other examples, inflatable bladder 122 of lower extremity section 120 may form an angle of approximately thirty-five degrees relative to the bottom surface of lower extremity section 120 when fully inflated to, for example, raise a users feet above their heart.", noting that approximately is not defined by Mcintyre and can imply that precision isn't critical to function such that 35 degrees would likely be considered "approximately 30". Furthermore, if the bladder was less than fully inflated it would be within the broad claimed range).
It would have been obvious to one of ordinary skill in the art to modify Soltani to provide a maximum tilt angle between 20° and 30° as taught by McIntyre, since McIntyre demonstrates that such angular ranges are suitable for inflatable support systems and represent a result effective variable achievable through routine optimization of inflation levels.
Claim(s) 6-8 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over 'Soltani' (US 6012186 A) in view of Krueger et al., hereinafter 'Krueger' (KR 20160119063 A).
In regards to Claim 6, Soltani teaches: The pneumatic adjustment module of claim 1, Soltani does not explicitly teach, wherein the tilt panel is flexible to allow contouring between the pneumatic adjustment module and an overlying mattress
Krueger teaches: ("Referring to the drawings, FIG. 1A illustrates an exemplary adjustable bed system 10 that includes a flexible support member 12 to support a mattress. The flexible support of the exemplary embodiment is fiber-reinforced plastic (FRP) of 1/8 inch sheet which is a flame retardant (FR). The side frame members 14 are constructed such that the flexible members 12 are provided with cross members 16 fixed with bolts extending through the FRP using a flat plate or disc 18 (best viewed in Figure 3) . The rotatable upper body support arm 20 supports the upper body portion 13 of the flexible supporting member 12 toward the upper end of the bed. The flexible support member 12 is supported lubriciously on the support arm 20 to place itself in a new position during movement of the support arm. In one exemplary embodiment, the shuttle 22 supported on the support arm 20 is attached to the flexible support member 12. The leg adjustable member 24 is positioned to contact the flexible support member at approximately the user's knee position 25 between the thighs 15 and the lower legs 19 of the flexible support member 12 . The side frame may include an insert that receives the rim of the flexible support member 12 in a flat condition." and further noting "Referring to the drawings, FIG. 1A illustrates an exemplary adjustable bed system 10 that includes a flexible support member 12 to support a mattress.").
It would have been obvious to one of ordinary skill in the art to modify Soltani such that the tilt panel is flexible to allow contouring between the pneumatic adjustment module and an overlying mattress, as taught by Krueger, in order to improve conformity, comfort, and compatibility with mattresses, which are recognized design considerations in adjustable bed systems.
In regards to Claim 7, Soltani in view of Krueger teaches: The pneumatic adjustment module of claim 6, Krueger further teaches, wherein the tilt panel, the base, and the vertex hinge are formed of fiber reinforced plastic (FRP) ("The flexible support of the exemplary embodiment is fiber-reinforced plastic (FRP) of 1/8 inch sheet which is a flame retardant (FR). The side frame members 14 are constructed such that the flexible members 12 are provided with cross members 16 fixed with bolts extending through the FRP using a flat plate or disc 18 (best viewed in Figure 3)").
It would have been obvious to one of ordinary skill in the art to form the tilt panel, base, and vertex hinge of Soltani from fiber reinforced plastic (FRP) as taught by Krueger, since FRP is a known material choice for flexible yet durable support structures and its use would have yielded predictable results.
In regards to Claim 8, Soltani in view of Krueger teaches: The pneumatic adjustment module of claim 6, Soltani further teaches, wherein the vertex hinge is a living hinge joining the tilt panel to the base (Col 12 Lines 50-54).
In regards to Claim 16, Soltani teaches: The pneumatic adjustment module of claim 9, Soltani does not explicitly teach, wherein the tilt panel is flexible to allow contouring between the pneumatic adjustment module and an overlying mattress
Krueger teaches: ("Referring to the drawings, FIG. 1A illustrates an exemplary adjustable bed system 10 that includes a flexible support member 12 to support a mattress. The flexible support of the exemplary embodiment is fiber-reinforced plastic (FRP) of 1/8 inch sheet which is a flame retardant (FR). The side frame members 14 are constructed such that the flexible members 12 are provided with cross members 16 fixed with bolts extending through the FRP using a flat plate or disc 18 (best viewed in Figure 3) . The rotatable upper body support arm 20 supports the upper body portion 13 of the flexible supporting member 12 toward the upper end of the bed. The flexible support member 12 is supported lubriciously on the support arm 20 to place itself in a new position during movement of the support arm. In one exemplary embodiment, the shuttle 22 supported on the support arm 20 is attached to the flexible support member 12. The leg adjustable member 24 is positioned to contact the flexible support member at approximately the user's knee position 25 between the thighs 15 and the lower legs 19 of the flexible support member 12 . The side frame may include an insert that receives the rim of the flexible support member 12 in a flat condition." and further noting "Referring to the drawings, FIG. 1A illustrates an exemplary adjustable bed system 10 that includes a flexible support member 12 to support a mattress.").
It would have been obvious to one of ordinary skill in the art to modify Soltani such that the tilt panel is flexible to allow contouring between the pneumatic adjustment module and an overlying mattress, as taught by Krueger, in order to improve conformity, comfort, and compatibility with mattresses, which are recognized design considerations in adjustable bed systems.
In regards to Claim 17, Soltani in view of Krueger teaches: The pneumatic adjustment module of claim 16, Krueger further teaches, wherein the tilt panel, the base, and the vertex hinge are formed of fiber reinforced plastic (FRP) ("The flexible support of the exemplary embodiment is fiber-reinforced plastic (FRP) of 1/8 inch sheet which is a flame retardant (FR). The side frame members 14 are constructed such that the flexible members 12 are provided with cross members 16 fixed with bolts extending through the FRP using a flat plate or disc 18 (best viewed in Figure 3)").
It would have been obvious to one of ordinary skill in the art to form the tilt panel, base, and vertex hinge of Soltani from fiber reinforced plastic (FRP) as taught by Krueger, since FRP is a known material choice for flexible yet durable support structures and its use would have yielded predictable results.
In regards to Claim 18, Soltani in view of Krueger teaches: The pneumatic adjustment module of claim 16, Soltani further teaches, wherein the vertex hinge is a living hinge joining the tilt panel to the base (Col 12 Lines 50-54).
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to Claim 12, Soltani teaches the pneumatic adjustment module, yet fails to teach, disclose or render obvious wherein the base includes corresponding upper and lower edges that substantially align with the upper and lower edges of the tilt panel in the deflated condition, the upper and lower edges configured to extend laterally relative to the adjustable bed. Specifically noting that the base structure of Soltani does not include upper and lower edges that align with the edges of the tilt panel rather the edges would be of a top and bottom side. And would extend parallel to the adjustable bed. Therefore, a modification of such structure would misalign the respective panels and would not be modifiable in view of a secondary reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Moulton (US 4527298 A) teaches: A pneumatically adjustable bed in which a series of air bladders are strategically placed to adjust the posture of the mattress on a bed so that the occupant of the bed can adjust his posture without having to move. A centrally disposed pneumatic manifold with a motor and a blower is employed to inflate and deflate the various bladders separately, thus posture can be very precisely controlled.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571)-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MADISON MATTHEWS/Primary Examiner, Art Unit 3673