DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 3, 13, 14 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 9,635,953. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are an obvious variation of the patented claims.
Instant Application
U.S. Patent 9,635,953
1. (Currently Amended) A method comprising: receiving, at a central controller, a user preference condition for an automatic adjustment of pressure in an air mattress; receiving, at the central controller, an indication that the air mattress is empty; and based on determining, at the central controller, that the user preference condition has been met and receiving the indication: transmitting a signal to a pump to increase the pressure of the air mattress to a maximum specified pressure level.
15. A method comprising: receiving, at a central controller, an input that activates a user preference condition for an automatic fill feature of an air mattress… receiving, at the central controller, an indication that the air mattress is unoccupied; and based on determining that the user preference condition has been met and receiving the indication: transmitting a signal to a pump to drive the pump to increase the pressure of the air mattress from an occupied pressure value in which the at least one air chamber is configured for supporting a user on the air mattress to an empty bed pressure value that is different than and greater than the occupied pressure value…
3. (New) The method of claim 1, wherein the signal transmitted to the pump is a signal to drive the pump to force air into the air mattress to increase pressure of the air mattress.
15. … transmitting a signal to a pump to drive the pump to increase the pressure of the air mattress from an occupied pressure value in which the at least one air chamber is configured for supporting a user on the air mattress to an empty bed pressure value that is different than and greater than the occupied pressure value…
13. (New) A central controller configured to perform operations comprising: receiving, at the central controller, a user preference condition for an automatic adjustment of pressure in an air mattress; receiving, at the central controller, an indication that the air mattress is empty; and based on determining, at the central controller, that the user preference condition has been met and receiving the indication: transmitting a signal to a pump to increase the pressure of the air mattress to a maximum specified pressure level.
15. A method comprising: receiving, at a central controller, an input that activates a user preference condition for an automatic fill feature of an air mattress… receiving, at the central controller, an indication that the air mattress is unoccupied; and based on determining that the user preference condition has been met and receiving the indication: transmitting a signal to a pump to drive the pump to increase the pressure of the air mattress from an occupied pressure value in which the at least one air chamber is configured for supporting a user on the air mattress to an empty bed pressure value that is different than and greater than the occupied pressure value…
14. (New) The central controller of claim 13, wherein the signal transmitted to the pump is a signal to drive the pump to force air into the air mattress to increase pressure of the air mattress.
15. … transmitting a signal to a pump to drive the pump to increase the pressure of the air mattress from an occupied pressure value in which the at least one air chamber is configured for supporting a user on the air mattress to an empty bed pressure value that is different than and greater than the occupied pressure value…
20. (New) A bed controller configured to perform operations comprising: Filed : January 14, 2025 receiving, at the bed controller, a user preference condition for an automatic adjustment of pressure in a mattress; receiving, at the bed controller, an indication that the mattress is empty; and based on determining, at the bed controller, that the user preference condition has been met and receiving the indication: transmitting a signal to a pump to increase the pressure of the mattress to a maximum specified pressure level.
15. A method comprising: receiving, at a central controller, an input that activates a user preference condition for an automatic fill feature of an air mattress… receiving, at the central controller, an indication that the air mattress is unoccupied; and based on determining that the user preference condition has been met and receiving the indication: transmitting a signal to a pump to drive the pump to increase the pressure of the air mattress from an occupied pressure value in which the at least one air chamber is configured for supporting a user on the air mattress to an empty bed pressure value that is different than and greater than the occupied pressure value…
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 1, 3-7 and 9-20 is/are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Giori et al. U.S. PGPub 2012/0090698 (hereinafter “Giori”).
Regarding claims 1, 13 and 20, Giori discloses a method comprising: receiving, at a central controller (e.g. Fig. 1, #17, pump controller), a user preference condition (e.g. custom level of firmness) for an automatic adjustment of pressure in an air mattress (e.g. ¶34-36); receiving, at the central controller, an indication that the air mattress is empty (e.g. ¶62-65); and based on determining, at the central controller, that the user preference condition has been met and receiving the indication (e.g. ¶62-65): transmitting a signal to a pump to increase the pressure of the air mattress to a maximum specified pressure level (e.g. pressure for maximum firm condition) (e.g. ¶62-65).
Regarding claims 3 and 14, Giori discloses the method of claim 1, wherein the signal transmitted to the pump is a signal to drive the pump to force air into the air mattress to increase pressure of the air mattress (e.g. ¶62-65).
Regarding claim 4, Giori discloses the method of claim 1, wherein the air mattress comprises an air chamber and foam positioned outside of the air chamber, wherein the pump is fluidly connected to a pump manifold which is fluidly connected to the air chamber of the air mattress, wherein a control valve is configured to operably regulate air flow between the pump manifold and the air chamber (e.g. Fig. 1-2).
Regarding claim 5, Giori discloses the method of claim 4, wherein the central controller is in data communication with a pressure sensor that is in fluid communication with the pump manifold for sensing pressure in the pump manifold (e.g. ¶9-13, 40, 42, 46 and 56-59).
Regarding claim 6, Giori discloses the method of claim 5, wherein the indication that the air mattress is empty is received from the pressure sensor (e.g. ¶62-65).
Regarding claims 7 and 15, Giori discloses the method of claim 1, wherein the air mattress comprises a plurality of air chambers and a resilient border surrounding the air chambers, wherein the plurality of air chambers comprise more than two air chambers, wherein the resilient border comprises foam, wherein the central controller is part of a control box including the pump and a wireless interface in the control box, wherein the control box is connected to each of the plurality of air chambers and is configured for inflating and deflating each of the plurality of air chambers (e.g. ¶14, 28 and 40; Fig. 1-4).
Regarding claims 9 and 16, Giori discloses the method of claim 1, wherein the maximum specified pressure level is a maximum pressure that the central controller allows for an air chamber of the air mattress (e.g. ¶62-65).
Regarding claims 10 and 17, Giori discloses the method of claim 1, wherein determining, at the central controller, that the user preference condition has been met comprises determining that the user enabled the air mattress to be filled when the air mattress is empty of users on the air mattress (e.g. ¶62-65).
Regarding claims 11 and 18, Giori discloses the method of claim 1, and further comprising: maintaining the maximum specified pressure level until receiving another pressure value (e.g. ¶62-65).
Regarding claims 12 and 19, Giori discloses the method of claim 1, wherein the user preference condition is a user input received from a user (e.g. ¶34-36).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 8 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Giori as applied to the claims above, and further in view of Oexman et al. U.S. PGPub 2011/0010014 (hereinafter “Oexman”).
Regarding claim 8, Giori does not disclose an air mattress that further comprises a temperature controller for controlling the temperature of the mattress.
Oexman discloses a mattress comprising a temperature controller, a temperature sensor, and a pad integrated into the mattress (e.g. ¶24, 69 and 72), the method further comprising: controlling temperature of the air mattress via the pad and the temperature controller as a function of temperature sensed via the temperature sensor (e.g. ¶24, 69 and 72).
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to implement mattress temperature control to Giori’s air mattress. One of ordinary skill in the art would have been motivated to do this to provide the most comfortable sleeping environment for the user.
Therefore, it would have been obvious to modify Giori with Oexman to obtain the invention as specified in claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES R KASENGE whose telephone number is (571)272-3743. The examiner can normally be reached Monday - Friday 7:30am to 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CK
September 30, 2026
/CHARLES R KASENGE/Primary Examiner, Art Unit 2116
