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 .
Specification
The disclosure is objected to because of the following informalities: in paragraph [0063] the assembly body is referred to as 20B rather than 20C. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 6, the claim requires “at least one near-infrared light source” but also requires “a wavelength of between approximately 450 nanometers and 500 nanometers” which does not contain wavelengths in the near-infrared range. It is unclear whether the light source must emit near-infrared wavelengths or wavelengths between 450 nm and 500 nm. The examiner is interpreting the claim to require infrared wavelengths which do no include wavelengths between 450 nm and 500 nm.
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.
Claims 1-5, 7-8, 12-14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jansen (US 2004/0231056).
[Claim 1] Jansen discloses a support device for supporting at least a portion of a user relative to a surface, the support device comprising:
a device body (mattress, Figs. 1-2 #10) that is configured to support the at least a portion of the user relative to the surface, the device body including a resilient support layer (mattress core, Figs. 1-2 #17) [par. 0023]; and
a light treatment assembly (including illuminants, Figs. 1-2 #12, in the form of light emitting diodes) that is embedded within the resilient support layer of the device body (inside depressions, Figs. 1-2 #13) [pars. 0025-0026, 0031, 0043].
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[Claim 2] Jansen discloses the light treatment assembly includes a light panel having at least one light source (circuit supports, Fig. 2 #25, extend across the width of the mattress and have a plurality of spaced illuminants) [par. 0031].
[Claim 3] Jansen discloses the light treatment assembly further includes an assembly body (translucent filling, Fig. 2 #26) that is configured to substantially encapsulate the light panel [par. 0030].
[Claim 4] Jansen discloses the light treatment assembly is a red light treatment assembly (red light) [par. 0042]; and wherein the light panel includes at least one red light source (LED) that generates red light having a wavelength of between approximately 620 nanometers and 750 nanometers (this is by definition the wavelength range of red light).
[Claim 5] Jansen discloses the light treatment assembly is a blue light treatment assembly (blue light) [par. 0015}; and wherein the light panel includes at least one blue light source (LED) that generates blue light having a wavelength of between approximately 450 nanometers and 500 nanometers (this is by definition the wavelength range of blue light).
[Claim 7] Jansen discloses the resilient support layer includes at least one foam layer (the mattress core is preferably completely, or in part, composed of foam plastic. The type of foam plastic involved may be foam latex, foam polyurethane or a mixture of various foam) [par. 0023].
[Claim 8] Jansen discloses the resilient support layer has a recessed pocket formed therein (depressions, Figs. 1-2 #13); and wherein the light treatment assembly is embedded within the recessed pocket of the resilient support layer [pars. 0025-0026, 0031, 0043].
[Claim 12] Jansen discloses the device body further includes a support platform (frame); and wherein the resilient support layer is positioned on and is supported by the support platform (the frame has at least one mattress arranged thereon) [par. 0003].
[Claim 13] Jansen discloses the resilient support layer has a recessed pocket formed therein (depressions, Figs. 1-2 #13); and wherein the light treatment assembly is embedded within the recessed pocket of the resilient support layer [pars. 0025-0026, 0031, 0043].
[Claim 14] Jansen discloses a foam border that is positioned to substantially encircle at least a portion of the light treatment assembly as embedded within the recessed pocket (the mattress core, Fig. 2 #17, is preferably completely, or in part, composed of foam plastic) [par. 0023].
[Claim 18] Jansen discloses the support device is a treatment device (promotes therapeutic effects, for example wound-healing properties) that is configured to support a body of the user relative to the surface [abstract].
Claims 1-2 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turtzo (US 2012/0035690).
[Claim 1] Turtzo discloses a support device for supporting at least a portion of a user relative to a surface, the support device comprising:
a device body (mattress, Figs. 1-10 #10) that is configured to support the at least a portion of the user relative to the surface, the device body including a resilient support layer (memory foam) [par. 0030]; and
a light treatment assembly (array, Figs. 1-10 #20, of LEDs, Figs. 1-10 #22) that is embedded within the resilient support layer of the device body (inside a cavity, Figs. 1-10 #12) [par. 0030].
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[Claim 2] Turtzo discloses the light treatment assembly includes a light panel (array, #20) having at least one light source (LEDs, Figs. 1-10 #22) [par. 0030].
[Claim 6] Turtzo discloses the light treatment assembly is a near-infrared light treatment assembly; and wherein the light panel includes at least one near-infrared light source that generates near-infrared light (near-infrared LEDs, Figs. 1-10 #22) [par. 0030].
[Claim 7] Turtzo discloses the resilient support layer includes at least one foam layer (memory foam) [par. 0030].
[Claim 8] Turtzo discloses the resilient support layer has a recessed pocket formed therein (cavity, Figs. 1-10 #12)); and wherein the light treatment assembly is embedded within the recessed pocket of the resilient support layer [par. 0030].
Claims 1 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US 2007/0106192), hereinafter Johnson `192.
[Claim 1] Johnson `192 discloses a support device for supporting at least a portion of a user relative to a surface, the support device comprising:
a device body (head adapter, Figs. 5-6 #410) that is configured to support the at least a portion of the user relative to the surface, the device body including a resilient support layer (a head support, Fig. 5 #520, may be made of a material such as injection molded urethane foam, rubber foam, foam with gel integrals, plastic of a comfortable nature, or any material that substantially cradles the patient's head 405) [par. 0034]; and
a light treatment assembly (light therapy device, Fig. 6 #600) that is embedded within the resilient support layer of the device body [par. 0040].
[Claim 19] Johnson `192 discloses the support device is a pillow assembly that is configured to support the head of the user [pars. 0034, 0040].
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Claim Rejections - 35 USC § 103
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.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Turtzo (US 2012/0035690) as applied to claim 8 above in view of Johnson et al. (US 2013/0274839), hereinafter Johnson `839.
[Claim 9] Turtzo discloses the limitation of claim 8 above but does not disclose a body cover that substantially surrounds at least a portion of the resilient support layer, the body cover including a cover aperture that is substantially aligned with the recessed pocket.
Johnson `839 discloses an analogous phototherapy emitting pad (Fig. 1 #12) comprising a front layer (Fig. 1 #22) having a multiplicity of therapeutic light emitting LEDs emitting infrared, red and blue light (Fig. 1 #23) and a flexible pad layer (Figs. 1, 3-4 #18) having a central aperture (Fig. 1 #19) surrounding the LEDs [par. 0036]. The flexible pad layer includes a body cover (plastically deformable layer, Fig. 3 #20) which also has a cover aperture [par. 0036].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo to include a body cover with a cover aperture that substantially surrounds the resilient support layer as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
[Claim 10] Johnson `839 further discloses the flexible pad layer (Figs. 1, 3-4 #18) includes a sheet cover (flexible plastic foam layer, Fig. 3 #18b) having a central sheet aperture [par. 0037].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo to include a sheet cover with a sheet aperture that substantially surrounds the resilient support layer as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
[Claim 11] Johnson `839 further discloses an aperture insert (translucent shield or barrier, Fig. 3 #26) that is positioned within the sheet aperture, the aperture insert being configured to be substantially transparent to light from the light treatment assembly [par. 0037].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo to include a transparent aperture insert within the sheet aperture that as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Turtzo (US 2012/0035690) as applied to claim 7 above in view of Jansen (US 2004/0231056).
[Claim 12] Turtzo discloses the resilient support layer is a mattress but does not disclose a support platform wherein the resilient support layer is supported by the support platform.
Jansen discloses an analogous resilient support layer (mattress) and a support platform (frame); wherein the resilient support layer is positioned on and is supported by the support platform (the frame has at least one mattress arranged thereon) [par. 0003].
It would have been obvious to one of ordinary skill in the art before the effective filing date to position the resilient support layer (mattress) taught by Turtzo on a support platform (frame) as taught by Jansen in order to support the resilient support layer in an elevated position.
[Claim 13] Turtzo discloses the resilient support layer has a recessed pocket formed therein (cavity, Figs. 1-10 #12)); and wherein the light treatment assembly is embedded within the recessed pocket of the resilient support layer [par. 0030].
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Turtzo (US 2012/0035690) in view of Jansen (US 2004/0231056) as applied to claim 13 above and further in view of Johnson et al. (US 2013/0274839).
[Claim 15] Turtzo in view of Jansen renders obvious the limitations of claim 13 above but does not disclose a body cover that substantially surrounds at least a portion of the resilient support layer, the body cover including a cover aperture that is substantially aligned with the recessed pocket.
Johnson `839 discloses an analogous phototherapy emitting pad (Fig. 1 #12) comprising a front layer (Fig. 1 #22) having a multiplicity of therapeutic light emitting LEDs emitting infrared, red and blue light (Fig. 1 #23) and a flexible pad layer (Figs. 1, 3-4 #18) having a central aperture (Fig. 1 #19) surrounding the LEDs [par. 0036]. The flexible pad layer includes a body cover (plastically deformable layer, Fig. 3 #20) which also has a cover aperture [par. 0036].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo in view of Jansen to include a body cover with a cover aperture that substantially surrounds the resilient support layer as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
[Claim 16] Johnson `839 further discloses the flexible pad layer (Figs. 1, 3-4 #18) includes a sheet cover (flexible plastic foam layer, Fig. 3 #18b) having a central sheet aperture [par. 0037].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo in view of Jansen to include a sheet cover with a sheet aperture that substantially surrounds the resilient support layer as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
[Claim 17] Johnson `839 further discloses an aperture insert (translucent shield or barrier, Fig. 3 #26) that is positioned within the sheet aperture, the aperture insert being configured to be substantially transparent to light from the light treatment assembly [par. 0037].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo in view of Jansen to include a transparent aperture insert within the sheet aperture that as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Turtzo (US 2012/0035690) in view of Jansen (US 2004/0231056) and further in view of Johnson et al. (US 2013/0274839).
[Claim 20] Turtzo discloses a support device for supporting at least a portion of a user relative to a surface, the support device comprising:
a device body (mattress, Figs. 1-10 #10) that is configured to support the at least a portion of the user relative to the surface, the device body including a resilient support layer (memory foam) including at least one foam layer (memory foam) having a recessed pocket formed therein (cavity, Figs. 1-10 #12) [par. 0030],
a light treatment assembly (array, Figs. 1-10 #20, of LEDs, Figs. 1-10 #22) that is embedded within the resilient support layer (inside a cavity, Figs. 1-10 #12) [par. 0030], the light treatment assembly includes a light panel (array, #20) having at least one light source (LEDs, Figs. 1-10 #22) [par. 0030].
Turtzo does not disclose (1) a support platform on which to position the resilient support layer and (2) an assembly body that is configured to substantially encapsulate the light panel.
Jansen discloses an analogous resilient support layer (mattress) and a support platform (frame); wherein the resilient support layer is positioned on and is supported by the support platform (the frame has at least one mattress arranged thereon) [par. 0003]. Jansen discloses the light treatment assembly further includes an assembly body (translucent filling, Fig. 2 #26) that is configured to substantially encapsulate the light panel and provide a lens-like effect of that ensures that light rays emitted by the light treatment assembly are directed to the top side of the mattress [par. 0030].
It would have been obvious to one of ordinary skill in the art before the effective filing date to position the resilient support layer (mattress) taught by Turtzo on a support platform (frame) and provide an assembly body that encapsulates the light panel as taught by Jansen in order to support the resilient support layer in an elevated position and ensure that light rays emitted by the light treatment assembly are directed to the top side of the mattress
Turtzo in view of Jansen does not disclose (1) a body cover that substantially surrounds at least a portion of the support platform and the resilient support layer, the body cover including a cover aperture that is substantially aligned with the recessed pocket, (2) a sheet cover that is configured to substantially surround at least a portion of the support platform, the resilient support layer and the body cover, the sheet cover including a sheet aperture that is substantially aligned with the cover aperture and the recessed pocket, and (3) an aperture insert that is positioned within the sheet aperture, wherein the aperture insert is configured to be substantially transparent to light from the light treatment assembly.
Johnson `839 discloses an analogous phototherapy emitting pad (Fig. 1 #12) comprising a front layer (Fig. 1 #22) having a multiplicity of therapeutic light emitting LEDs emitting infrared, red and blue light (Fig. 1 #23) and a flexible pad layer (Figs. 1, 3-4 #18) having a central aperture (Fig. 1 #19) surrounding the LEDs [par. 0036]. The flexible pad layer includes a body cover (plastically deformable layer, Fig. 3 #20) which also has a cover aperture [par. 0036].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo in view of Jansen to include a body cover with a cover aperture that substantially surrounds the resilient support layer as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
Johnson `839 further discloses the flexible pad layer (Figs. 1, 3-4 #18) includes a sheet cover (flexible plastic foam layer, Fig. 3 #18b) having a central sheet aperture [par. 0037].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo in view of Jansen to include a sheet cover with a sheet aperture that substantially surrounds the resilient support layer as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
Johnson `839 further discloses an aperture insert (translucent shield or barrier, Fig. 3 #26) that is positioned within the sheet aperture, the aperture insert being configured to be substantially transparent to light from the light treatment assembly [par. 0037].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the support device of Turtzo in view of Jansen to include a transparent aperture insert within the sheet aperture that as taught by Johnson `839 in order to protect the mattress while allowing treatment light to pass unobstructed to a patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
(1) Porter et al. (US 2007/0260296) disclose a phototherapy bed comprising a patient support platform (#3) having embedded LED panels (#8).
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(2) Dijkstra (US 2021/0282962) discloses a bed for therapeutic purposes comprising a frame structure, mattress, and plurality of LEDs.
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(3) Turtzo (US 2012/0035689), Turtzo (US 2012/0030873), and Turtzo (US 2012/0030872) disclose the same features as Turtzo `690 applied in the prior art rejections above.
(4) Ruzicka (US 11,207,542) discloses a portable phototherapy system in the form of a bed comprising a headrest and panels of LEDs.
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(5) Daffer (US 2009/0222070) discloses a whole body LED therapy system comprising a transparent bed (#18) positioned above LED panels (#28).
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(6) Kaestle (US 2016/0114184) discloses a mattress with embedded light source for providing phototherapy.
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(7) Blumenschein et al. (US 2025/0375620) discloses a therapeutic light system comprising a flexible pad (#22) having light sources (#30) located therein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN J JENNESS whose telephone number is (571)270-5055. The examiner can normally be reached M-F 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Moffat can be reached at 571-272-4390. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 24 July 2026
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