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) 21-30, 32-37, and 39 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by U.S. Pub. No. 2008/0148481 to Brykalski et al.
Claim 21-23, Brykalski discloses a climate-controlled bed assembly comprising
a first fluid distribution layer defined by a cushion member configured to cover a mattress; a second fluid distribution layer defined by a topper 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 [0006]; and at least one fluid module defined by fluid transfer devices and/or thermoelectric devices configured to be in direct fluid communication with the first fluid distribution layer and capable of being positioned on the underside or incorporated into the structure of a cushion member or the component of a climate-controlled bed assembly with the use of channels or other distribution networks 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 [0078][0090][0105][0108].
Claim 22, Brykalski discloses the bed assembly wherein the first fluid distribution layer comprises a plurality of internal channels configured to facilitate distribution of fluid through the first fluid distribution layer after the fluid is transferred from the at least one fluid module (fig. 13,14A,14B,15,16A,16B).
Claim 23, Brykalski discloses the bed assembly wherein the second fluid distribution layer comprises a plurality of internal channels configured to facilitate distribution of fluid through the second fluid distribution layer after the fluid is transferred from the first fluid distribution layer (fig. 13,14A,14B,15,16A,16B).
Claims 24 and 34, Brykalski 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, Brykalski discloss the bed assembly wherein an alternative embodiment consisting of a single fluid module 40D (fig. 2A).
Claim 26, Brykalski discloses the bed assembly wherein the first fluid distribution layer comprises a topper member comprising an air/fluid-permeable material [Abstract][0006].
Claims 27 and 35, Brykalski discloses the bed assembly wherein the second fluid distribution layer comprises an underside layer made from an air/fluid-permeable material, and (ii) a topside layer made from an air/fluid-impermeable material, wherein the underside layer is configured to be positioned over the first fluid distribution layer [Abstract][0006].
Claims 28 and 36, Brykalski discloses the bed assembly wherein the at least one fluid module is physically separated from the first fluid distribution layer and the second fluid distribution layer via a conduit (fig. 1,1A,2-2C,4,8,11A-13).
Claims 29, 33, and 37, Brykalski discloses the bed assembly further comprising a first conduit means for transferring fluid between the at least one 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 (526,626,724) for transferring fluid between the first fluid distribution layer and the second fluid distribution layer (fig. 2A,11A-11B,).
Claim 30, Brykalski discloses the bed assembly wherein the first fluid distribution layer comprises a first region and a second region, wherein the fluid module is configured to transfer fluid at a first temperature to the first region, and (ii) transfer fluid at a second temperature to the second region, the first temperature being different than the second temperature (fig. 2B)[0069], wherein the 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].
Claim 32, Brykalski discloses a climate-controlled bed comprising a lower portion 20; an upper portion defined by a cushion member 60 configured to be positioned over the lower portion; a first fluid distribution layer defined by a flow conditioning member 70 configured to cover the upper portion; a second fluid distribution layer defined by one or more top members 80 configured to be positioned over the first fluid distribution layer, wherein the top member is configured to be in direct fluid communication with the flow conditioning member; and at least one fluid module defined by fluid transfer devices and/or thermoelectric devices configured to be in direct fluid communication with the first fluid distribution layer and capable of being positioned on the underside or incorporated into the structure of a cushion member or the component of a climate-controlled bed assembly with the use of channels or other distribution networks 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 [0078][0090][0105][0108].
Claim 39, Brykalski discloses the bed wherein the lower portion comprises a foundation and the upper portion comprises a mattress, and wherein the first fluid distribution layer comprises two or more different components that are capable of being attached to one another (e.g., a porous material situated within a shell, bag or the like) thereby being capable of wrapping around the mattress such that the first fluid distribution layer covers a top surface and a plurality of side surfaces of the mattress [0045].
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 31 and 38 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Pub. No. 2008/0148481 to Brykalski et al. in view of U.S. Pub. No. 2009/0033130 to Marquette et al.
Claims 31 and 38, Brykalski 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 Brykalski 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.
Claim 40 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Pub. No. 2008/0148481 to Brykalski et al. in view of U.S. Pat. No. 6,473,920 to Augustine et al.
Claim 40, Brykalski discloses a climate controlled bed assembly comprising a second fluid distribution layer defined by two or more different components that are capable of being attached to one another positioned over the first fluid distribution layer defined by a flow conditioning member [0045]; and a fluid module defined by fluid transfer devices and/or thermoelectric devices configured to be fluidly connected to both the first fluid distribution layer and the second fluid distribution layer in order to supply conditioned fluid to the first fluid distribution layer and the second fluid distribution layer in order to control a climate between the first fluid distribution layer and the second fluid distribution layer for the user, but is silent to the second fluid distribution layer including a component that covers the user resting on the first distribution layer. Augustine discloses a covering component 106 that covers the user resting upon a cushion member (fig. 5-10). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the covering component in Yu with the bed of Brykalski with a reasonable expectation of success because it would have allowed the system of Brykalski to direct air into the space between the mattress and overlaying blankets [Abstract].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2009/0064411 to Marquette et al. discloses a climate-controlled bed having fluid modules having components placed either upstream or downstream.
U.S. Pub. No. 2010/0011502 to Brykalski et al. discloses a climate-controlled bed having fluid modules having components placed either upstream or downstream.
U.S. Pub. No. 2011/0115635 to Petrovski et al. discloses a climate-controlled bed having fluid modules having components placed either upstream or downstream.
U.S. Pub. No. 2007/0261548 to Bartett et al. discloses a climate-controlled bed.
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