The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Response to Amendment
1. Applicant’s amendment filed August 01, 2025. Claims 1-20 cancelled. Claims 21-40 have been presented for examination. Applicant’s amendment has been fully considered and entered.
Priority
2. Applicant's claim for domestic priority under 35 U.S.C. 119(e) is acknowledged. The application is filed on 08/01/2025 but claims the benefit of U.S. Patent Application Serial No. 19022402, fled on Jan 15, 2025 which is a continuation application of U.S. Patent Application Serial No. 18/741237, fled on June 12, 2024, which is a continuation application of U.S. Patent Application Serial No. 17/526074, fled on April 08, 2021, which is a continuation application of U.S. Patent Application Serial No. 16/148,376, fled on October 1, 20718, which is a continuation application of U.S. Patent Application Serial No. 15/602,969, filed on May 23, 2017 and US continuation 14/732624 filed on 2015/06/05 and U.S. provisional application number 62/008480 filed on 2014/06/05 and 62/024945 filed on 2014/07/15 and 62/159177 filed on 2015/05/08 and 62/161 142 filed on 2015/05/13
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 08/06/25 and 10/24/25 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Double Patenting
4. Claims 21-40 of this application is patentably indistinct from claims 1-20 of Application No. 17/982838. Pursuant to 37 CFR 1.78(e) or pre-AIA 37 CFR 1.78(b), when two or more applications filed by the same applicant contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Double Patenting
5. Claims 21-40 rejected on the ground of nonstatutory double patenting over claims 1-30 of U.S. Patent No. 11904103 B2 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim Rejections - 35 USC § 103
6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
7. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
8. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
9. Claims 21-40 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rawls-Meehan (US 2012/0119886 A1) (hereinafter Rawls-Meehan) in view of Petrovski (US 20110115635 A1) (hereinafter Petrovski).
Regarding claim 21, Rawls-Meehan discloses a method comprising: (a) detecting a plurality of different signal types associated with a user of a bed device (para 168, sensor layer 108 include plurality of sensors of various types, sensors electrical sensors, bio- sensors, and so on, sensors associated with mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 388, any of the types of sensors described herein, such as motion sensors, weight sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture facility),
wherein the detecting comprises: (i) detecting, by a first sensor of the bed device, a first different signal type of the plurality of different signal types (para 388, upon detecting presence of a particular user), adjusting comfort-based factors based on state detection (adjusting position, vibration, temperature , volume, content or the like based on detection of user's presence, para 415, sensor 1810 provide rate of rise/drop in the temperature); and
(ii) detecting, by a second sensor of the bed device, a second different signal type of the plurality of different signal types (para 382, piezoelectric coupled touch-screen that utilizes changes in electrical potential resulting from a user touching or pressing against the slider control 1604 surface),
wherein the plurality of different signal types comprises one or more of a motion, a temperature, a heart signal, or a breathing signal (para 388, motion sensor may be provided, either associated directly with the adjustable bed facility 102, para 423, monitor health conditions using a plurality of medical devices, Electrocardiogram, glucose meter, pulse oximeter, and the like, para 176, adjustable bed facility 102 may be made up of a number of devices and facilities that include a sensor 108, actuators 120, springs 122, mattresses 124, a sub-frame 128, a skeleton structure 130, vibration motors 132, para 423, measure blood pressure and heart rate and monitor health conditions using a plurality of devices, Electrocardiogram, glucose meter, pulse oximeter, and the like).
Rawls -Meehan fails to disclose directing, by a processor operatively coupled to the first sensor and the second sensor, a temperature control device to change a temperature of a zone of the bed device based on the plurality of different signal types associated with the user detected in (a)
In analogous art, Petrovski discloses directing, by a processor operatively coupled to the first sensor and the second sensor, a temperature control device to change a temperature of a zone of the bed device based on the plurality of different signal types associated with the user detected in (a) (para 07, controlled bed comprises at one additional climate zone (e.g., third, fourth, etc.), subzones configured to be operated differently from each other, FIG. 4B controlled bed having subzones within separate climate zones, para 89, control one, two or climate zones generally located along one side (e.g., left side L, right side R, etc.) or any other region of the bed assembly 10, para 72, FIG. 1, two of the climate zones 11A, 11C are positioned along the left side L of the bed 10, whereas two of the climate zones11B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to improve user's sleep based on personal sleep data and controlling rates of the simulated breathing, heartbeat to induce, maintain sleep [Petrovski, Abstract].
Regarding claim 22, Rawls-Meehan fails to disclose the method of claim 21, further comprising (i) determining, by the processor, a presence of the user on the zone of the bed device based on the plurality of different signal types associated with the user and (ii) directing, by the processor, the temperature control device to change the temperature of the zone based on the determination in (i).
In analogous art, Petrovski discloses the method of claim 21, further comprising (i) determining, by the processor, a presence of the user on the zone of the bed device based on the plurality of different signal types associated with the user and (ii) directing, by the processor, the temperature control device to change the temperature of the zone based on the determination in (i). (para 07, controlled bed comprises at one additional climate zone (e.g., third, fourth, etc.), subzones configured to be operated differently from each other, FIG. 4B controlled bed having subzones within separate climate zones, para 89, control one, two or climate zones generally located along one side (e.g., left side L, right side R, etc.) or any other region of the bed assembly 10, para 196, sensors can help detect body temperature of an occupant).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to use control module to adjust at least one operational parameter on the setting or mode selected by an occupant using the at least one input device, and/or the first temperature detected by the first temperature sensor [Petrovski, para 06].
Regarding claim 23, Rawls-Meehan fails to disclose the method of claim 21, further comprising determining, by the processor, when to direct the temperature control device to change the temperature of the zone based on the plurality of different signal types associated with the user.
In analogous art, Petrovski discloses the method of claim 21, further comprising determining, by the processor, when to direct the temperature control device to change the temperature of the zone based on the plurality of different signal types associated with the user (para 07, controlled bed comprises at one additional climate zone (e.g., third, fourth, etc.), subzones configured to be operated differently from each other, FIG. 4B controlled bed having subzones within separate climate zones, para 89, control one, two or climate zones generally located along one side (e.g., left side L, right side R, etc.) or any other region of the bed assembly 10, para 196, sensors can help detect body temperature of an occupant).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to use control module for the bed that includes user input device configured to allow an occupant to select a desired environmental control setting or mode associated with the first climate zone [Petrovski, para 12].
Regarding claim 24, Rawls-Meehan discloses the method of claim 21, wherein the first sensor and the second sensor are different types of sensors (para 423, measure blood pressure and heart rate of the user, monitor health conditions by glucose meter, pulse oximeter, and the like).
Regarding claim 25, Rawls-Meehan discloses the method of claim 24, wherein the first sensor and the second sensor are positioned at different locations in the bed device (para 388, motion sensors, sound sensors, weight sensors, chemical sensors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture).
Regarding claim 26, Rawls-Meehan discloses the method of claim 21, wherein the first sensor or the second sensor comprises (i) a temperature sensor or (ii) a piezo sensor (para 382, control 118 that enable user to control aspects of adjustable bed facility 102, control 1604 surface, a piezoelectric that utilizes changes, para 388, adjusting comfort-based factors based on state detection (adjusting position, vibration, temperature, content or the like based on detection of user's presence).
Regarding claim 27, Rawls-Meehan discloses the method of claim 21, wherein the first different signal type or the second different signal type comprises temperature (para 388, any of the types of sensors described herein, such as motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture)..
Regarding claim 28, Rawls-Meehan discloses the method of claim 21, wherein the first different signal type or the second different signal type comprises motion (para 388, motion sensor with adjustable bed facility 102, that any movement in the bed may be detected, motion sensor activated and signal an alarm, sensors described herein, such as motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like may be used to sense a condition of the environment associated with the adjustable furniture).
Regarding claim 29, Rawls-Meehan discloses the method of claim 21, wherein the temperature control device is configured to control the temperature of the zone (para 276, controller 150 control zone climate control system 162, zone climate control system 162 determines heating or cooling requirements, and the like by measurement and/or derivation, para 339, provide information relating to temperature, humidity, weather information).
Regarding claim 30, Rawls-Meehan discloses the method of claim 21, further comprising detecting, by the processor, presence of a plurality of users on the bed device by the plurality of different signal types. (para 388, actuating an alert in response to a safety condition (such as crying child, a child out of bed, stillness of an elderly patient, or the like) , detecting presence of user), adjusting comfort-based factors based on state detection (adjusting position, vibration, temperature, volume, content or the like based on detection of user's presence; adjusting component, and many others).
Regarding claim 31, Rawls-Meehan fails to discloses the method of claim 21, wherein the temperature control device is operatively coupled to a plurality of zones of the bed device comprising the zone, wherein the temperature control device is configured to independently change a temperature of a second zone of the plurality of zones.
In analogous art, Petrovski discloses the method of claim 21, wherein the temperature control device is operatively coupled to a plurality of zones of the bed device comprising the zone, wherein the temperature control device is configured to independently change a temperature of a second zone of the plurality of zones (para 14, control module is configured to adjust at least one operational parameters (e.g., blower flowrate, amount of heating or cooling of the thermoelectric device, etc.) in order to maintain the desired climate control setting or mode in the first climate zone and/or the second climate zone, along an upper portion of the bed assembly, first climate zone is configured to be controlled independently of the second climate zone, para 71, bed 10 include two or more different zones, areas or portions that operated independently of one another, para 127, bed 410 configured so that heating, cooling, ventilation and/or other climate control scheme for each zone is controlled independently).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to improve user's sleep based on personal sleep data and controlling rates of the simulated breathing, heartbeat to induce, maintain sleep [Petrovski, Abstract].
Regarding claim 32, Rawls-Meehan discloses the method of claim 21, wherein each zone of the plurality of zones comprises the one of the first sensor and one of the second sensor (para 276, zone climate control system 162 may be any type of device or facility that may be capable of controlling the environment within one or more zones of the adjustable bed facility 102, para 333, zone climate control system 162 may heat or cool the zones of the bed, circulate air to heat or cool a zone, para 168, sensor layer 108 include a plurality of sensors of various types, sensors may be mechanical sensors, electrical sensors, bio- sensors, and so on).
Regarding claim 33, Rawls-Meehan discloses the method of claim 21, further comprising determining, by the processor, a presence of the user on one of the zone and the second zone of the plurality of zones based on the plurality of different signal types (para 276, different users may sleep in different environments or users sleep in a controlled by the zone climate control system 162, para 333, zone climate control system 162 may heat or cool the zones of the bed, circulate air to heat or cool a zone, para 168, sensor layer 108 include a plurality of sensors of various types, sensors may be mechanical sensors, electrical sensors, bio- sensors, and so on, para 388, actuating an alert in response to a safety condition (such as crying child, a child out of bed, stillness of an elderly patient, or the like) , detecting presence of user)).
Regarding claim 34, Rawls-Meehan fails to disclose the method of claim 33, further comprising directing, by the processor, the temperature control device to independently change the temperature of the zone and the second zone.
In analogous art, Petrovski discloses the method of claim 33, further comprising directing, by the processor, the temperature control device to independently change the temperature of the zone and the second zone (para 71, bed 10 include two or more different zones, areas or portions that operated independently of one another, para 127, bed 410 configured so that heating, cooling, ventilation and/or other climate control scheme for each zone is controlled independently).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of sleep sensor signals for sleep state transition, determines type of sleep state transition and sends control signals to electronic device disclosed by Rawls-Meehan to use adjustable beds to monitor environmental conditions corresponding to sleep sessions as taught by Petrovski to use control module of the bed that includes user input device configured to allow an occupant to select a desired environmental control setting or mode associated with the climate zone wherein climate-conditioned bed assembly includes a first climate zone and at least a second climate zone, [Petrovski, para 13].
Regarding claim 35, Rawls-Meehan discloses the method of claim 21, wherein the bed device is a mattress or mattress cover (para 38, adjustable furniture may include various types of mattress, cushions, pillows, or similar elements to cushion the furniture for the user, para 304, fabric cover may be disposed over the resilient material 502 and/or an adjustable bed facility 102 section of the mattress 124, a plurality of fabric covers disposed over adjustable bed 102).
Regarding claim 36, Rawls-Meehan discloses the method of claim 21, further comprising detecting, by a third sensor of the bed device, a third different signal type (para 168, sensor layer 108 may include a plurality of sensors of various types. The sensor layer 108 may be interchangeably referred to as sensor 108. The sensors mechanical sensors, electrical sensors, bio- sensors, and so on, sensors associated with mattress such that sleeping, resting, sitting, and other user conditions can be assessed, para 388, any of the types of sensors such as motion sensors, sound sensors, weight sensors, chemical sensors, smoke detectors, temperature sensors, pressure sensors, or the like used to sense condition).
Regarding claim 37, Rawls-Meehan discloses the method of claim 36, wherein the third different signal type is associated with a temperature of the zone (para 276, different users may sleep in different environments or users sleep in a controlled by the zone climate control system 162, para 388, any of the types of sensors such as motion sensors, weight sensors, temperature sensors, pressure sensors, or the like used to sense condition, detecting presence of user, adjusting comfort-based factors based on state detection (adjusting position, temperature, or the like based on detection of user's presence).
Regarding claim 38, Rawls-Meehan discloses the method of claim 21, wherein the first different signal type is associated with a presence of the user (para 388, sensors used to sense condition, detecting presence of user, adjusting comfort-based factors based on state detection (adjusting position, temperature, or the like based on detection of user's presence).
Regarding claim 39, Rawls-Meehan discloses the method of claim 38, wherein the second different signal type is associated with a heart signal or a breathing signal of the user (para 423, system activated to measure the blood pressure and heart rate of the user, and monitor health conditions, for example, Electrocardiogram, glucose meter, pulse oximeter, and the like).
Regarding claim 40, Rawls-Meehan discloses a system comprising the processor and a memory in operative communication with the processor and storing instructions for the processor to implement the method of claims 21 (para 51, storing memory for controlling an adjustable furniture facility, wherein at least a portion of the memory is stored from the bed, para 232, FIG. 1, controller 150 may use the bed memory 170 to store adjustable bed facility 102 settings, application software, demonstration software, and the like).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRZA F ALAM/ Primary Examiner, Art Unit 2688
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