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 .
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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) 1-3, 8-10, and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 5,794,289 (Wortman et al. hereinafter).
With regard to claim 1, Wortman et al. discloses a pressure-mitigation system for dynamically alleviating pressure exerted on a human body at rest (Title: "Mattress for Relieving Pressure Ulcers"), the pressure-mitigation system comprising:
a mattress having an upper surface capable of supporting at least a portion of the human body (Figs. 4-6, foam support member 82);
a flexible mattress cover (Figs 4-6, zippered mattress cover 126) that includes:
an upper cover portion configured to cover the upper surface of the mattress so as to be disposed between the upper surface and the portion of the human body supported by the upper surface (see Figs. 12-14),
wherein the upper cover portion includes one or more inflatable chambers that are controllably inflated and deflated to differentially spread pressure exerted upon the portion of the human body (Figs. 4-6, cells 122, 124, col. 8, Ins. 34-37: "The cushion 116 is of an alternating pressure type, i.e. it has at least two series of alternating cells, such as alternating cell rows illustrated at 122 and 124, which are alternately inflated
and deflated", Figs. 12-14, air cell 180 and bladders 182, 184),
side cover portions that extend from the upper cover portion and out of a
plane of the upper cover portion (Fig. 6, zippered mattress cover 126 having zipper 133 and zipper cover flap 135 on side portions thereof), and
a cavity defined by the side cover portions and the upper cover portion (Fig. 6),
wherein the cavity is configured to fit the mattress therewithin such that the side cover portions extend down a plurality of side surfaces of the mattress (Fig. 6); and
a fastening mechanism configured to secure the mattress within the cavity of the flexible mattress cover (Fig. 6, zipper 133).
With regard to claim 2, Wortman et al. discloses the pressure-mitigation system of claim 1, further comprising tubing that extends within the side cover portions of the flexible mattress cover to the one or more inflatable chambers of the upper cover portion (Fig. 5, inlet hoses 81, 83, outlet hose 93), wherein the tubing is configured to transport fluid into or out of the one or more inflatable chambers to inflate or deflate the one or more inflatable chambers.
With regard to claim 3, Wortman et al. discloses the pressure-mitigation system of claim 1, wherein the one or more inflatable chambers span a planar area that is less than an area of the upper surface of the mattress (Fig. 4, cells 122 and 124 do not overlap, such that each is less than the entire area of both).
With regard to claim 8, Wortman et al. discloses the pressure-mitigation system of claim 1, wherein the one or more inflatable chambers are formed by interconnections between an upper layer and a lower layer of the upper cover portion (Fig. 26, heat weld between layers forms chambers 416 and 418).
With regard to claim 9, Wortman et al. discloses the pressure-mitigation system of claim 8, wherein the lower layer interfaces with the upper surface of the mattress, and wherein Wortman et al. teaches that the fastening mechanism includes non-slip material being included in the lower layer (Fig. 6, non-slip layer 31).
With regard to claim 10, Wortman et al. discloses the pressure-mitigation system of claim 1, wherein the flexible mattress cover is substantially formed of fabric material (col. 9, Ins. 10-11: "the mattress cover 126 may be suitably composed of a weft knitted nylon 66 fabric").
With regard to claim 16, Wortman et al. discloses a pressure-mitigation pad (Title: "Mattress for Relieving Pressure Ulcers") comprising:
one or more pad foundations capable of supporting a weight of at least a portion of a human body (Figs. 4-6, foam support member 82); and
a pressure-mitigation layer atop the one or more pad foundations to form the pressure-mitigation pad (Figs. 4-6, cells 122, 124), the pressure-mitigation layer comprising one or more chambers defined by bulkheads within the pressure-mitigation layer (welds form bulkheads),
wherein the one or more chambers are each configured to be inflated or deflated to dynamically control a height of each inflatable chamber relative to the pressure-mitigation layer (col. 8, Ins. 34-37: "The cushion 116 is of an alternating pressure type, i.e. it has at least two series of alternating cells, such as alternating cell rows illustrated at 122 and 124, which are alternately inflated and deflated").
With regard to claim 17, Wortman et al. discloses the pressure-mitigation pad of claim 16, wherein the one or more pad foundations include tubing that feed into a bottom of the one or more chambers (Fig. 5, Inlet hoses 81, 83, outlet hose 93), wherein the tubing transports fluid in or out of the one or more chambers to inflate or deflate the one or more chambers.
With regard to claim 18, Wortman et al. discloses the pressure-mitigation pad of claim 16, wherein the one or more pad foundations include at least one of foam material (foam support member 82), spring coils, or cushioning.
With regard to claim 19, Wortman et al. discloses the pressure-mitigation pad of claim 16, further comprising a tubing layer through which tubing for the inflatable chambers extends (Fig. 4, tubing opening 94), wherein a side of the tubing layer includes an attachment port that is fluidly connected to the tubing (Fig. 5, ports at panel 91, see also Figs. 15 and 18 with attachment ports).
Claim(s) 11-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPAP 2018/0140489 (Brykalski et al. hereinafter).
With regard to claim 11, Brykalski et al. discloses a pressure-mitigation apparatus (Figs. 16A-16D, topper member 820B-820C with fluid zones 832B, 832C, 834C with ambient or conditioned air for patient comfort, para. [0121]) comprising:
a flexible cover (Figs. 16A-16D, topper member 820B-820C) having a pressure-mitigation panel region (Figs, 16A-16D, fluid zones 832B, 832C, 834C with ambient or conditioned air for patient comfort, para. [0121]), the flexible cover being configured to lay over a substrate such that the pressure-mitigation panel region is disposed atop an upper surface of the substrate (topper for medical bed, para. [0121]),
wherein the pressure-mitigation panel region includes one or more inflatable chambers that are controllably inflated or deflated (Figs. 16A-16D, fluid zones 832B, 832C, 834C),
wherein at least one other region of the flexible cover extends along a different surface of the substrate while the flexible cover is laid over the substrate (embodiment can use disclosed connection means per para. [0122] and Figs. 6 and 7 disclose attachment means 21, 21' on side of mattress 10); and
at least one fastener (Figs. 6 and 7, elastic 21 or strap 21') configured to secure the flexible cover to the substrate while the flexible panel is laid over the substrate,
With regard to claim 12, Brykalski et al. discloses the pressure-mitigation apparatus of claim 11, wherein the at least one fastener is located on the at least one other region of the flexible cover (Figs. 6 and 7).
With regard to claim 13, Brykalski et al. discloses the pressure-mitigation apparatus of claim 11, wherein the at least one other region includes a
plurality of side regions that extend along a plurality of sidewalls of the substrate, and wherein the at least one fastener includes an elastic band that spans through each of the plurality of side regions and that constricts the plurality of side regions around the plurality of sidewalls of the substrate (Fig. 6, elastic 21).
With regard to claim 15, Brykalski et al. discloses the pressure-mitigation apparatus of claim 11, wherein the at least one fastener is configured to interface with a feature of the substrate (Fig. 6, elastic 21 or Fig. 7, strap 21' interface with bottom of mattress 10).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wortman et al. in view of USPAP 2018/0110342 (Moss hereinafter).
With regard to claim 4, Wortman et al. discloses all of the limitations except for wherein the fastening mechanism is configured to engage with a feature of the mattress so as to secure the flexible mattress cover to the mattress.
Moss teaches an inflatable mattress and the use of fastening mechanisms (Fig. 6A, strap 612 and Fig. 6B, elastic component at corner 710) that are configured to engage with a feature of the mattress (the bottom of mattress 10) so as to secure the flexible mattress cover to the mattress.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Wortman et al. by including a fastening mechanism configured to engage with a feature of the mattress as taught by Moss for the purposes of securing the flexible mattress cover to the mattress.
With regard to claim 5, Wortman et al. discloses all of the limitations except for wherein the fastening mechanism includes an elastic band that spans through the side cover portions to constrict the side cover portions to the plurality of side surfaces of the mattress.
Moss teaches an inflatable mattress and the use of a fastening mechanism that includes an elastic band that spans through the side cover portions to constrict the side cover portions to the plurality of side surfaces of the mattress (Fig. 6A, strap 612 or Fig. 6B, elastic component at corner 710) 0 secure the flexible mattress cover to the mattress.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Wortman et al. by including a fastening mechanism that includes an elastic band that spans through the side cover portions to constrict the side cover portions to the plurality of side surfaces of the mattress as taught by Moss for the purposes of securing the flexible mattress cover to the mattress.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wortman et al. in view of GB 2503387 (Baker et al. hereinafter) and USPAP 2014/0130252 (Carlin et al. hereinafter).
With regard to claim 6, Wortman et al. discloses all of the limitations except for further comprising a controller located on a side cover portion, wherein the controller includes a processor that executes instructions to inflate and deflate the one or more inflatable chambers.
Baker et al. teaches an inflatable cushion with use of a controller in a side portion of a base (Fig. 1 controller 48 in drawer 24) and a remote controller interface (Fig. 1, remote 50)
Carlin et al. teaches the use of a pocket in a side wall for storage of a remote (Figs. 1 and 4, pocket 68 for remote 69).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Wortman et al. by including a remote control as taught by Baker et al. and provide the remote control in a sidewall pocket as taught by Carlin et al. for the purposes of having a controller located on a side cover portion, wherein the controller includes a processor that executes instructions to inflate and deflate the one or more inflatable chambers for the purposes of securing the flexible mattress cover to the mattress.
With regard to claim 7, Wortman et al. discloses all of the limitations except for wherein the flexible mattress cover includes a pocket configured to hold a controller that executes instructions to cause the one or more inflatable chambers to be inflated and deflated.
Baker et al. teaches an inflatable cushion with use of a controller in a side portion of a base (Fig. 1 controller 48 in drawer 24) and a remote controller interface (Fig. 1, remote 50)
Carlin et al. teaches the use of a pocket in a side wall for storage of a remote (Figs. 1 and 4, pocket 68 for remote 69).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Wortman et al. to include a remote control as taught by Baker et al. and provide a sidewall pocket for the remote control in as taught by Carlin et al. for the purposes of having a pocket configured to hold a controller that executes instructions to cause the one or more inflatable chambers to be inflated and deflated.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brykalski et al. in view of Baker et al. and Carlin et al.
With regard to claim 14, Brykalski et al. discloses all of the limitations except for wherein the flexible cover includes a pocket configured to fit a controller that causes inflation or deflation of the one or more inflatable chambers.
Baker et al. teaches use of a controller in a side portion of a base (Fig. 1 controller 48 in drawer 24) and a remote controller interface (Fig. 1, remote 50), and Carlin et al. teaches the use of a pocket in a side wall for storage of a remote (Figs. 1 and 4, pocket 68 for remote 69).69).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Brykalski et al. to include a remote control as taught by Baker et al. and provide a sidewall pocket for the remote control in as taught by Carlin et al. for the purposes of having a pocket configured to fit a controller that causes inflation or deflation of the one or more inflatable chambers.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wortman et al. in view of USP 10,357,114 (Wilkinson hereinafter).
With regard to claim 20, Wortman et al. discloses all of the limitations except for further comprising one or more handles that facilitate transport of the pressure-mitigation pad without separation of the one or more pad foundations and the pressure-mitigation layer.
Wilkinson teaches use of one or more handles that facilitate transport of a pressure-mitigation pad without separation of the one or more pad foundations and the pressure-mitigation layer (Fig. 12, flexible handles 226) for ease of handling.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus disclosed by Wortman et al. include one or more handles that facilitate transport of the pressure-mitigation pad without separation of the one or more pad foundations and the pressure-mitigation layer as taught by Wilkinson for ease of handling.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP’s D956238, D956237, and D956239 teach a design of an inflatable pad similar to that claimed and USP 6,671,911 and USPAP’s 2026/0157917, 2025/0360036, 2023/0036940, 2022/0134695, 2022/0110812, 2022/0110808, 2022/0110807, 2021/0322240, 2021/0205160, 2019/0290469, 2019/0021918, 2014/0048081, and 2013/0255699 each teach an inflatable pad or mattress for the reduction of bed sores.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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, Justin C. Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON R EASTMAN/Primary Examiner, Art Unit 3673
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