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 Objections
Claims 2 and 22 are objected to because of the following informalities: In line 3 of each claim, please change “independent” to —independently—. Appropriate correction is required.
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.
Claim(s) 1, 3-21, 23-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hood (US 2015/0136146).
Regarding Claim 1, Hood discloses a system comprising:
(a) an adjustable bed frame (14):
(i) comprising one or more zones (28, 30, 34), each of the one or more zones comprising one or more adjustable sections,
(ii) wherein each of the one or more adjustable sections is configured to independently adjust at least one angular position thereof relative to a rest position, to incline or decline said one or more adjustable sections (see para. “ the processor 100 increases the head of bed angle to about 15° by moving the head and torso section 34 of the person support apparatus 12 and/or inflating a bladder 54 in the person support surface 14. In some contemplated embodiments, the processor 100 increases the head of bed angle and laterally rotates at least a portion of the occupant's body” and “the head of bed angle and/or the lateral tilt angle can be increased an additional 5°”, [0079] and [0081]); and
(b) a processor (100):
(i) communicatively coupled to the adjustable bed frame (see para. [0079] and [0081]); and
(ii) configured to direct the adjustable bed frame to independently adjust the at least one angular position of said each of the one or more adjustable sections based on one or more of a biological signal of at least one user or an instruction from said at least one user (see para. [0079] and [0081), ; and
wherein said processor is configured to compare current biological signal data (heart rate, respiration rate, and/or movement, see para. [0073] and [0081]) of the at least one user with historical biological signal data of the at least one user to detect a discrepancy (see para. [0074]),
wherein the discrepancy is indicative of a sleep abnormality selected from the group consisting of snoring, sleep apnea, restless leg, and combinations thereof (see para. [0079]), and
wherein, based on the detection of the discrepancy, the processor sends a control signal to the adjustable bed frame to adjust the at least one angular position (see para. [0079]).
Regarding Claim 3, Hood discloses wherein, once the processor no longer detects the discrepancy, said processor is configured to store a current position of the adjustable bed frame in a database (see para. [0084]).
Regarding Claim 4, Hood discloses wherein the biological signal of the at least one user comprises a heart rate, a breathing rate, a motion of the user, or any combination thereof (see para. [0064] and [0081]).
Regarding Claim 5, Hood discloses a sensor (106) communicatively coupled to the processor and configured to monitor the biological signal of the at least one user, wherein the sensor is selected from the group consisting of a piezo sensor, a temperature sensor, and combinations thereof (see para. [0064]).
Regarding Claim 6, Hood discloses two or more sensors (106) communicatively coupled to the processor and configured to monitor the biological signal of the at least one user, wherein the two or more sensors comprise different types of sensors (see para. [0064]).
Regarding Claim 7, Hood discloses wherein the at least one adjustable section corresponds to a body region of the at least one user (see Fig. 3).
Regarding Claim 8, Hood discloses wherein the body region is selected from the group consisting of head of the at least one user, a back of the at least one user, legs of the at least one user, feet of the at least one user, and combinations thereof (see Fig. 3).
Regarding Claim 9, Hood discloses wherein at the rest position (i) the at least one angular position is at a 0 angle, or (ii) the at least one angular position is at a user-specified rest position associated with a user profile (see para. [0057]).
Regarding Claim 10, Hood discloses wherein the processor is configured to identify the at least one user by analyzing the one or more of the biological signal of the at least one user, by receiving from a user device (108) associated with the at least one user an identification (ID) associated with the at least one user (EMR), or a combination thereof (see para. [0065], [0068], [0070], and [0072]).
Regarding Claim 11, Hood discloses wherein the processor is further configured to adjust the at least one angular position of the one or more adjustable sections based on a position associated with the adjustable bed frame and the at least one user ID, wherein the position is configured to prevent the sleep abnormality (see para. [0064], [0068], [0070], and [0072]).
Regarding Claim 12, Hood discloses wherein the processor is configured to receive a user-specified preferred position (see para. [0068]) for the one or more adjustable section from a user device (“hand held device”).
Regarding Claim 13, Hood discloses wherein the processor is configured to assign an identification (ID) to each adjustable section of the adjustable bed frame.
Regarding Claim 14, Hood discloses wherein the processor is configured to send a signal to the adjustable bed frame that comprises the ID of an individual adjustable section and the user- specified preferred position of said individual adjustable section.
Regarding Claim 15, Hood discloses wherein the processor is configured to determine a target bed frame position based on an analysis of one or more biological signals of at least one user to prevent the sleep abnormality.
Regarding Claim 16, Hood discloses wherein the processor is configured to correlate an identification (ID) of an individual adjustable section with the determined target bed frame position (inherent aspect of processor sending instructions to control individual adjustable sections).
Regarding Claim 17, Hood discloses wherein the processor sends a signal to the adjustable bed frame that comprises the ID of the individual adjustable section and the target bed frame position (see para. [0079]).
Regarding Claim 18, Hood discloses wherein the adjustable bed frame responds to the signal by adjusting the at least one angular position of the individual adjustable section according to the determined target bed frame position (see para. [0079]).
Regarding Claim 19, Hood discloses wherein the processor is configured to detect whether the user is still experiencing the sleep abnormality after the adjustment has been made to the adjustable bed frame (see para. [0081]).
Regarding Claim 20, Hood discloses wherein, if the processor determines that the user is still experiencing the sleep abnormality, the processor sends another signal to the adjustable bed frame for further configuration to alleviate the sleep abnormality (see para. [0081]).
Regarding Claim 21, Hood discloses a system comprising:
(a) an adjustable bed frame (14):
(i) comprising one or more zones (28, 30, 34), each of the one or more zones comprising one or more adjustable sections,
(ii) wherein each of the one or more adjustable section is configured to independently adjust at least one angular position thereof relative to a rest position, to incline or decline said one or more adjustable sections (see para. [0079] and [0081]); and
(b) a processor (100):
(i) communicatively coupled to the adjustable bed frame (see para. [0079] and [0081]); and
(ii) configured to direct the adjustable bed frame to independently adjust the at least one angular position of said each of the one or more adjustable sections based on one or more of a biological signal of at least one user or an instruction from said at least one user (see para. [0079] and [0081); and
wherein the processor:
(1) determines a sleep phase associated with the at least one user based on the biological signal of the at least one user; and
(2) adjusts the at least one angular position based on the sleep phase (“the sleep stage of the occupant can be taken into account so that the occupant is moved only when they are in a sleep state that would allow them to be moved without waking up” see para. [0064] and [0068]).
Regarding Claim 23, Hood discloses wherein, once the processor no longer detects the discrepancy, said processor is configured to store a current position of the adjustable bed frame in a database (see para. [0084]).
Regarding Claim 24, Hood discloses wherein the biological signal of the at least one user comprises a heart rate, a breathing rate, a motion of the user, or any combination thereof (see para. [0064] and [0081]).
Regarding Claim 25, Hood discloses a sensor (106) communicatively coupled to the processor and configured to monitor the biological signal of the at least one user, wherein the sensor is selected from the group consisting of a piezo sensor, a temperature sensor, and combinations thereof (see para. [0064])..
Regarding Claim 26, Hood discloses two or more sensors communicatively coupled to the processor and configured to monitor the biological signal of the at least one user, wherein the two or more sensors comprise different types of sensors (see para. [0064]).
Regarding Claim 27, Hood discloses wherein the at least one adjustable section corresponds to a body region of the at least one user (see Fig. 3).
Regarding Claim 28, Hood discloses wherein the body region is selected from the group consisting of head of the at least one user, a back of the at least one user, legs of the at least one user, feet of the at least one user, and combinations thereof (see Fig. 3).
Regarding Claim 29, Hood discloses wherein at the rest position (i) the at least one angular position is at a 0 angle, or (ii) the at least one angular position is at a user-specified rest position associated with a user profile (see para. [0057]).
Regarding Claim 30, Hood discloses wherein the processor is configured to identify the at least one user by analyzing the one or more of the biological signal of the at least one user, by receiving from a user device (108) associated with the at least one user an identification (ID) associated with the at least one user (EMR), or a combination thereof (see para. [0065], [0068], [0070], and [0072]).
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.
Claim(s) 2 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hood (US 2015/0136146).
Regarding Claims 2 and 22, Hood discloses wherein the one or more zones comprises a first zone, the first zone having one or more adjustable sections that are configured to independently adjust at least one angular position thereof relative to their respective rest position (see para. [0057]). Hood fails disclose a second zone as required by Claims 2 and 22. Examiner recognizes that a duplicate of Hood’s first zone would correspond to the instant application’s “second zone”. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to duplicate the first zone of Hood, since it has been held that mere duplication of essential working parts of a device has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144.04(V1)(B).
Double Patenting
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,390,158 in view of Hood (US 2015/0136146). Although the claims at issue are not identical, they are not patentably distinct from each other. For example, see table below for comparison of Claim 1 of the instant application to Claims 1 and 11-13 of the patent. Differences are highlighted in bold and italics.
Claim 1 of instant application
Claims 1, 11 and 12 or Claims 1, 11, and 13 of patent ‘158
A system comprising:
A system comprising:
a) an adjustable bed frame:
(i) comprising one or more zones, each of the one or more zones comprising one or more adjustable sections,
(ii) wherein each of the one or more adjustable sections is configured to independently adjust at least one angular position thereof relative to a rest position, to incline or decline said one or more adjustable sections;
(a) an adjustable bed frame: (i) comprising a first zone and a second zone, each comprising at least one adjustable section, (ii) wherein each of the at least one adjustable section of the first zone and the second zone is configured to independently adjust at least one angular position thereof relative to a rest position, to incline or decline said each of the at least one adjustable section of the first zone and the second zone; and
(b) a processor:(i) communicatively coupled to the adjustable bed frame; and(ii) configured to direct the adjustable bed frame to independently adjust the at least one angular position of said each of the one or more adjustable sections based on one or more of a biological signal of at least one user or an instruction from said at least one user;
(b) a processor: (i) communicatively coupled to the adjustable bed frame; and (ii) configured to direct the adjustable bed frame to independently adjust the at least one angular position of said each of the at least one adjustable section of the first zone and the second zone based on one or more of a biological signal of at least one user or an instruction from said at least one user; and wherein said at least one user comprises a first user for the first zone and a different second user for the second zone
wherein said processor is configured to compare current biological signal data of the at least one user with historical biological signal data of the at least one user to detect a discrepancy,
wherein the processor compares current biological signal data of the at least one user with historical biological signal data of the at least one user to detect a discrepancy (claim 11 depending from claim 1).
wherein the discrepancy is indicative of a sleep abnormality selected from the group consisting of snoring, sleep apnea, restless leg, and combinations thereof, and
wherein the discrepancy is indicative of a sleep abnormality selected from the group consisting of snoring, sleep apnea, restless leg, and combinations thereof (claim 12 depending from claim 11).
wherein, based on the detection of the discrepancy, the processor sends a control signal to the adjustable bed frame to adjust the at least one angular position.
wherein, based on the detection of the discrepancy, the processor sends a control signal to the adjustable bed frame to adjust the at least one angular position (claim 13 depending from claim 11).
The claim(s) of the patent are more specific than the claim(s) of the instant application, and therefore the subject matter is disclosed by the patent except for the combination of claims 11-13. While the combination of claims 11 and 12 depend from claim 1 and the combination of claims 11 and 13 depend from claim 1, the combination of claims 1 and 11-13 is not present within the patent. As discussed in the prior art rejection under 35 USC 102 above, Hood teaches the combination of all three aspects. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify patent ‘185 with the combination of subject matter of claims 11-13 as disclosed by Hood for the purpose of preventing or treating sleep apnea in a user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/ Primary Examiner, Art Unit 3619