Claim Objections
Claim 21 is objected to because of the following informalities: Please change “rotated” in the second to last line of the claim to —rotate—; Please delete “platform” in line 5 of the claim to reflect the amendment to just “a base” in line 2 of the claim. Appropriate correction is required.
Claim 30 is objected to because of the following informalities: Please delete “includes” in the second line of the claim. Appropriate correction is required.
Claim 31 is objected to because of the following informalities: Please delete the first instance of “includes” in the second line of the claim. Appropriate correction is required.
Claim 32 is objected to because of the following informalities: Please delete the first instance of “includes” in the second line of the claim. Appropriate correction is required.
Claim 33 is objected to because of the following informalities: Please delete “includes” in the second line of the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21-23, 25-27, and 29-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mikkelsen (US 2012/0017376).
Regarding Claim 21, Mikkelsen discloses a bedding system (508) comprising:
a base (511) extending along a longitudinal axis between opposite top and bottom surfaces; and
a mattress (510) comprising a top surface and an opposite bottom surface that engages the top surface of the base platform,
a duct (516) having a first end positioned in the base and a second end positioned in the mattress (see Fig. 14); and
a fan (518) positioned in the first end and configured to rotated about an axis that extends perpendicular to the longitudinal axis (see annotated Fig. 14 below).
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Regarding Claim 22, Mikkelsen discloses wherein the base is adjustable (fans 518 in base platform have adjustable speeds).
Regarding Claim 23, Mikkelsen discloses wherein the mattress is divided into a driver side and a passenger side, the driver side being configured to support a first sleeper, the passenger side being configured to support a second sleeper (see para. [0148] describing “two or more fans 518 are located in different positions of a body support 510 to provide different rates of cooling to different individuals on the body support 510 (e.g., his and hers sides of the body support 510 having independently controllable fans 518 located in different sides of the foundation 511”).
Regarding Claim 25, Mikkelsen discloses wherein the driver side includes a first connection (516) and the passenger side includes a second connection (516, see Figs. 14-15 and para. [0148]).
Regarding Claim 26, Mikkelsen discloses comprising at least one sensor (526) selected from the group consisting of temperature sensors, pressure sensors, moisture sensors and mass flow sensors (see para. [0140]).
Regarding Claim 27, Mikkelsen discloses wherein the at least one sensor is positioned within the mattress (see Fig. 14).
Regarding Claim 29, Mikkelsen discloses wherein the at least one sensor is positioned on top of the mattress (see para. [0146], i.e. “any or all of sensor(s) 526 employed in a body support 510 described and/or illustrated herein can be positioned elsewhere on the body support 510, such as on the top surface 512 of the body support 510, embedded in the foam of the body support 510 immediately below the top surface 512 thereof, and the like.”).
Regarding Claim 30, Mikkelsen discloses at least one temperature sensor (see para. [0140]), wherein the mattress includes a capacitor layer (513) and a mattress layer (510), the mattress layer including a sleep surface (512) and a bottom surface (514) opposite the sleep surface, the mattress layer including a side wall extending from the sleep surface to the bottom surface of the mattress layer, the at least one temperature sensor being positioned between the sleep surface and the bottom surface of the mattress layer (see Fig. 14 and para. [0146]).
Regarding Claim 31, Mikkelsen discloses wherein the mattress includes a capacitor layer (513) and a mattress layer (510), the mattress including a sleep surface (512) and a bottom surface (514) opposite the sleep surface, the mattress layer including a side wall extending from the sleep surface to the bottom surface of the mattress layer, the bedding system comprising at least one pressure sensor positioned between the sleep surface and the bottom surface of the mattress layer (see Fig. 14 and para. [0146])).
Regarding Claim 32, Mikkelsen discloses at least one moisture sensor (see para. [0140]), wherein the mattress includes a capacitor layer (513) and a mattress layer (510), the mattress including sleep surface (512) and a bottom surface (514) opposite the sleep surface, the mattress layer including a side wall extending from the sleep surface to the bottom surface, the at least one pressure sensor being positioned between the sleep surface and the bottom surface (see Fig. 14 and para. [0146]).
Regarding Claim 33, Mikkelsen discloses at least one mass flow sensor (see para. [0140]), wherein the mattress includes a capacitor layer (513) and a mattress layer (510), the mattress layer including a sleep surface (512) and a bottom surface (514) opposite the sleep surface, the mattress layer including a side wall extending from the sleep surface to the bottom surface of the mattress layer, the at least one mass flow sensor being positioned between the sleep surface and the bottom surface of the mattress layer (see Fig. 14 and [0146]).
Allowable Subject Matter
Claims 28 and 35-41 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: The prior art of record fails to disclose the subject matter required by each of claims 28, 35, and 38-41.
Response to Arguments
Applicant's arguments filed June 18th, 2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument that the fan [of Mikkelsen] extends about a longitudinal axis that extends parallel to the longitudinal axis defined by the base — Examiner respectfully disagrees. Claim 21 requires “ a fan positioned in the first end and configured to rotated about an axis that extends perpendicular to the longitudinal axis” as described above and reproduced below, the axis of rotation of Mikkelsen’s fan extends perpendicular to the longitudinal axis.
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Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC J KURILLA/ Primary Examiner, Art Unit 3619
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