Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 21-22, 24-26, 28-29, 32-37, and 39-42 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by WO 2007/060371 to Clodic et al.
Claim 21, Clodic discloses a bed assembly comprising a first fluid distribution layer defined a distribution means and an upper layer (18,24) configured to cover a mattress; a second fluid distribution layer defined by a cover 26 configured to be positioned over the first fluid distribution layer, wherein the second fluid distribution layer is configured to be in direct fluid communication with the first fluid distribution layer; and at least one fluid module defined by a micro-heat pump 12 including thermoelectric devices defined by heat exchangers (60,76) capable of being in direct fluid communication with the first fluid distribution layer and capable of being positioned into the component of a climate-controlled bed assembly with the use of channels defined by a distribution pipes 22 formed on the underside of the cushion member or other component such that the thermoelectric devices are capable of being positioned upstream of the first fluid distribution layer while the second fluid distribution layer is positioned downstream of the first fluid distribution layer, such that fluid is configured to flow between the first fluid distribution layer and the second fluid distribution layer without direct fluid communication between the thermoelectric devices and the second fluid distribution layer (fig. 1).
Claim 22, Clodic discloses the bed assembly wherein the first fluid distribution layer comprises a first plurality of internal channels 22 configured to facilitate distribution of fluid through the first fluid distribution layer after the fluid is transferred from the at least one fluid module, and wherein the second fluid distribution layer comprises a second plurality of internal channels (24,33,34,36) capable of distributing fluid through the second fluid distribution layer after the fluid is transferred from the first fluid distribution layer.
Claims 24 and 34, Clodic discloses the bed assembly wherein the direct fluid communication between the thermoelectric device and the first fluid distribution layer, and the first fluid distribution layer and the second fluid distribution layer is selectively controllable by a user (fig. 2,2A,2B & 5-6)[0075]-[0078].
Claim 25, Clodic discloses the bed assembly wherein the fluid module consists of a single fluid module 12 in communication with both the first and second distribution layers (fig. 1).
Claim 26, Clodic discloses the bed assembly wherein the first fluid distribution layer comprises a top member comprising a fluid-permeable material and
wherein the second fluid distribution layer comprises an underside layer 28 made from a fluid-permeable material, and a topside layer defined by a second sheet 30 that is impermeable to air capable of being made from a fluid-impermeable material, wherein the underside layer is configured to be positioned over the user resting on the first fluid distribution layer.
Claims 28 and 36, Clodic discloses the bed assembly wherein the fluid module is a single module physically separated from the first fluid distribution layer and the second fluid distribution layer via a conduit 22.
Claims 29, 33, and 37, Clodic discloses the bed assembly further comprising a first conduit means 22 for transferring fluid between the fluid module and the first fluid distribution layer, the first conduit extending between a first end that is coupled to the fluid module, and a second end that is coupled to the first fluid distribution layer; and a second conduit means 24 for transferring fluid between the first fluid distribution layer and the second fluid distribution layer (fig. 1).
Claims 32 and 40, Clodic discloses a climate-controlled bed comprising an upper portion comprising a mattress (16,20); a topper defined an upper layer 18 comprising a first fluid distribution layer 24 configured to cover the upper portion; a cover 26 comprising a second fluid distribution layer defined by a cell 33 configured to be positioned over the topper, wherein the second fluid distribution layer is configured to be in direct fluid communication with the first fluid distribution layer; and at least one fluid module defined by a micro-heat pump 12 including thermoelectric devices defined by heat exchangers (60,76) configured to be in direct fluid communication with the first fluid distribution layer and capable of being positioned upstream of the first fluid distribution layer while the second fluid distribution layer is positioned downstream of the first fluid distribution layer, such that fluid is configured to flow between the fluid module and the cover by flowing through the topper.
Claim 35, Clodic discloses the bed assembly wherein the second fluid distribution layer comprises an underside layer 28 made from an air/fluid-permeable material, and a topside layer 30 made from an insulator defined by a material that is reflective in the infrared.
Claim 39, Clodic discloses the bed wherein the lower portion comprises a foundation wherein the first fluid distribution layer is capable of wrapping around the mattress defined by a grid network comprising channels such that the first fluid distribution layer covers a top surface and a plurality of side surfaces of the mattress (fig. 5).
Claim 41, Clodic discloses the climate controlled bed assembly wherein the second fluid distribution layer comprises portions configured to cover feet, legs, and a torso of the user and wherein the second fluid distribution layer is configured to receive fluid flow in each of the portions configured to cover the feet, the legs, and the torso of the user (fig. 1).
Claim 42, Clodic discloses the climate controlled bed assembly wherein the second fluid distribution layer comprises stitching, barriers, and spacer material and is configured to receive fluid flow in portions that are configured to cover feet, legs, and a torso of the user.
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 30 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over WO 2007/060371 to Clodic et al. in view of U.S. Pub. No. 2008/0148481 to Brykalski et al.
Claim 30, Clodic discloses the bed assembly, but is silent to the bed having fluid module transferring fluid at a first temperature to a first region and a second temperature at a second temperature to a second region. Brykalski discloses a fluid module is configured to transfer fluid at a first temperature to the first region, and transfer fluid at a second temperature to the second region wherein the first temperature is different than the second temperature (fig. 2B)[0069], and a second fluid distribution layer comprises a third region and a fourth region wherein the third region is configured to be in direct fluid communication with the first region, and wherein the fourth region is configured to be in direct fluid communication with the second region (fig. 5-6)[0075]-[0078]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the fluid module disclosed in Brykalski with the bed assembly of Clodic with a reasonable expectation of success because it would have provided distinct zones or sections that enhance cooling and/or heating control to certain portions of the bed.
Claim 31 and 38 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over WO 2007/060371 to Clodic et al. in view of U.S. Pub. No. 2009/0033130 to Marquette et al.
Claims 31 and 38, Clodic discloses the bed assembly, but is silent to a temperature sensor. Marquette discloses a climate controlled assembly including an occupant sensory device or a plurality of temperature sensors positioned in any location within or near a fluid stream [0010][0054][0128](fig. 13A). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the sensors disclosed in Marquette with the bed assembly of Clodic with a reasonable expectation of success because it would have transmitted data to the controller or fluid module to detect the occupant or maintain a desired cooling and/or heating setting.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-22, 24-26, 28-38, and 39-42, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2016/030774 A1 to Kabir et al. discloses a climate controlled bed assembly.
U.S. Pub. No. 2015/0289667 to Oakhill et al. discloses a climate controlled bed assembly.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/ Primary Examiner, Art Unit 3679
