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 .
Election/Restrictions
Applicant’s election without traverse of Invention I and species B in the reply filed on 04/24/2026 is acknowledged. Claims 1, 2, 4, 7, 10, 11, 25, 26, 29, 32 and 33 are elected without traverse.
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) 1, 2, 4, 7, 25, 26 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,966,763 hereinafter referred to as Thomas in view of US Patent 11, 534,334 hereinafter referred to as Augustine.
Re-Claim 1
Thomas discloses a method for manufacturing a reinforced surgical table mattress or pad 34 fig.4A, the method comprising: inserting a layer of polymeric foam 90 fig.4A [“As described above, support layer 110 and pressure reduction foam layer 220 are both made from a thermally active visco-elastic foam”] into a shell 86 fig.4A via a slit-like opening 332 fig.4A [“Cover 86 is formed to include openings 330 allowing for the passage of conduits 60 therethrough and is formed to include an opening (not shown) for allowing the passage of pad core 90 into and out of interior region 88 of cover 86.”] in the shell, the shell comprising one or more sheets of flexible polymeric film material laminated to a fabric [“The preferred ticking material is a dual coated polyester including a net of dual coated urethane such as Via Tex 2 material, Manufacturing Quality No. T5793 made by Pen-Nyla of Nottingham, England.”].
However does not disclose the one or more sheets of flexible polymeric film material being welded together at one or more of their edges to make a water-proof shell having a top layer and a bottom layer that is formed to surround the layer of polymeric foam; inserting at least one layer of hotmelt glue film through the slit-like opening and so that the at least one layer of hotmelt glue film is positioned inside the shell between a bottom side of the layer of polymeric foam and the fabric of the bottom layer of the shell material; and applying heat that is above the melting temperature of the hotmelt glue film and below the melting temperature of the polymeric film shell material to the outside of the bottom of the shell, melting the at least one layer of hotmelt glue film and bonding the fabric of the bottom layer of shell material to an adjacent layer of material when the hotmelt glue film cools.
Augustine teaches a shell 105 fig.1, 500 fig.5A having the one or more sheets of flexible polymeric film material being welded together at one or more of their edges to make a water-proof shell having a top layer 504 fig.5A/ 40 fig.10 and a bottom 506 fig.5B/ 42 fig.10 that is formed to surround the layer of polymeric foam 20 fig.10 and the inserting at least one layer of hotmelt glue film 642A,642B fig.20 through an opening and so that the at least one layer of hotmelt glue film is positioned inside the shell between a bottom side of the layer of the polymeric foam 650 fig.20 and the fabric 626B, 626A fig.20 of the bottom layer of the shell material; and applying heat that is above the melting temperature of the hotmelt glue film and below the melting temperature of the polymeric film shell material to the outside of the bottom of the shell, melting the at least one layer of hotmelt glue film and bonding the fabric of the bottom layer of shell material to an adjacent layer of material when the hotmelt glue film cools.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the method of manufacturing a surgical table mattress of Thomas and the method of manufacturing a welded shell and adhering a fabric to a mattress of Augustine and with a reasonable expectation of success arrived at a method of manufacturing a surgical table mattress with a welded shell and using hotmelt glue to adhere the fabric to the mattress. One of ordinary skill in the art would have been motivated to make such a combination the for purpose of providing hermetically sealed a pouch/pocket used to house foam and for the purpose of securing a fabric component to a foam pad structure as taught in Augustine [column 21 lines 57-67 and column 34 [30-44]. Re-Claim 2
Thomas as modified by Augustine above discloses,
welding the one or more sheets of flexible polymeric film, wherein the welding is one or more of a heat weld, radio frequency (RF) weld, or ultrasound weld [“Any type of suitable weld may be used, such as heat welding (heat bonding), RF welding, ultrasonic welding, etc., depending on the type of materials used in sheets 504, 506.”] Augustine.
Re-Claim 3
Thomas as modified by Augustine above discloses,
wherein the layer of hotmelt glue film adheres the fabric of the bottom layer of the shell material to a layer of reinforcing fabric 130 fig.4A Thomas.
Re-Claim 7
Thomas as modified by Augustine above discloses,
further comprising welding a strip of shell polymer 334 fig.4A Thomas over the slit-like opening, and wherein the layer of hotmelt glue film that bonds the fabric of the bottom layer of shell material and to the adjacent layer of material also stabilizes the fabric of the bottom layer of shell material during the process of welding the strip of shell polymer over the slit-like opening.
However does not discloses over the slit-like opening in the bottom layer of shell material.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the slit-like opening in the bottom layer of shell material, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Re-Claim 25
Thomas as modified by Augustine above discloses,
Thomas discloses a method for manufacturing a reinforced surgical table mattress or pad 34, the method comprising: providing a surgical table mattress or pad 34 comprising: a layer of polymeric foam 90 [“As described above, support layer 110 and pressure reduction foam layer 220 are both made from a thermally active visco-elastic foam”]; and a shell 86 [“Cover 86 is formed to include openings 330 allowing for the passage of conduits 60 therethrough and is formed to include an opening (not shown) for allowing the passage of pad core 90 into and out of interior region 88 of cover 86.”] covering the layer of polymeric foam and comprising one or more sheets of flexible polymeric film material laminated to a fabric [“The preferred ticking material is a dual coated polyester including a net of dual coated urethane such as Via Tex 2 material, Manufacturing Quality No. T5793 made by Pen-Nyla of Nottingham, England.”]; and a slit-like opening 332 in the shell on a bottom side or an end side allowing for the insertion of the layer of polymeric foam into the welded shell and positioning a layer of reinforcing fabric 130 fig.4A.
However does not discloses the one or more sheets of flexible polymeric film material are welded together at one or more of their edges to make a water-proof shell having a top layer and a bottom layer and that is formed to surround the layer of polymeric foam or positioning a layer of reinforcing fabric having at least one layer of hotmelt glue film that has been applied to the layer of reinforcing fabric inside the shell between a bottom side of the layer of polymeric foam and the fabric of the bottom layer of the shell material; adhering the at least one layer of hotmelt glue film to the fabric of the bottom layer of shell material and to the layer of reinforcing fabric by applying heat to the outside of the bottom of the shell, melting the hotmelt glue film and then letting the hotmelt glue film cool; and wherein the temperature of the applied heat is above the melting temperature of the hotmelt glue film and below the melting temperature of the polymeric film shell material.
Augustine teaches a shell 105 fig.1, 500 fig.5A having the one or more sheets of flexible polymeric film material are welded together at one or more of their edges to make a water-proof shell having a top layer 504/40 and a bottom layer 506/42 and that is formed to surround the layer of polymeric foam 20 and at least one layer of hotmelt glue film 642A,642B fig.20 that has been applied to the layer of fabric 626B, 626A fig.20 inside the shell 666 fig.20 between a bottom side of the layer of polymeric foam 650 and the fabric of the bottom layer of the shell material; adhering the at least one layer of hotmelt glue film to the fabric and to the adjacent layer of material by applying heat to the outside of the bottom of the shell, melting the hotmelt glue film and then letting the hotmelt glue film cool; and wherein the temperature of the applied heat is above the melting temperature of the hotmelt glue film and below the melting temperature of the polymeric film shell material.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the method of manufacturing a surgical table mattress of Thomas and the method of manufacturing a welded shell and adhering a fabric to a mattress of Augustine and with a reasonable expectation of success arrived at a method of manufacturing a surgical table mattress with a welded shell and using hotmelt glue to adhere the fabric to the mattress. One of ordinary skill in the art would have been motivated to make such a combination the for purpose of providing hermetically sealed a pouch/pocket used to house foam and for the purpose of securing a fabric component to a foam pad structure as taught in Augustine [column 21 lines 57-67 and column 34 [30-44].
Re-Claim 26
Thomas as modified by Augustine above discloses,
further comprising welding the one or more sheets of flexible polymeric film, wherein the welding is one or more of a heat weld, radio frequency (RF) weld, or ultrasound weld. [“Any type of suitable weld may be used, such as heat welding (heat bonding), RF welding, ultrasonic welding, etc., depending on the type of materials used in sheets 504, 506.”] Augustine.
Re-Claim 29
Thomas as modified by Augustine above discloses,
further comprising welding a strip of shell polymer 334 Thomas over the slit-like opening, and wherein the layer of hotmelt glue film that bonds the fabric of the bottom layer of shell material and to an adjacent layer of material also stabilizes the fabric of the bottom layer of shell material during the process of welding the strip of shell polymer over the slit-like opening.
However does not discloses over the slit-like opening in the bottom layer of shell material.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the slit-like opening in the bottom layer of shell material, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim(s) 10 & 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas as modified by Augustine further in view of US Patent 4,066,072 hereinafter referred to as Cummins.
Re-Claim 10
Thomas as modified by Augustine above discloses the claimed method however does not discloses mounting two or more microphones below the top layer of the shell material on each side of a longitudinal midline in a region corresponding with a location that supports a patient's chest.
Cummins teaches the method for manufacturing the mattress or pad 10 fig.1 comprising mounting two or more microphones 62 fig.1 below the top layer of the shell material on each side of a longitudinal midline in a region corresponding with a location that supports a patient's chest (see fig.1).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the method of manufacturing a surgical table mattress of Thomas as modified by Augustine and the method of manufacturing a mattress having two or more imbedded microphones and with a reasonable expectation of success arrived at a method of manufacturing a surgical table mattress having microphones. One of ordinary skill in the art would have been motivated to make such a combination the for purpose of providing mattress with built in biological sensor that can provide heartrate and breathing data as taught in Cummins [column 4 lines 26-50].
Re-Claim 32
Thomas as modified by Augustine and Cummins above discloses,
mounting two or more microphones 62 Cummins below the top layer of the shell material on each side of a longitudinal midline in a region corresponding with a location that supports a patient's chest.
Claim(s) 11 & 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas as modified by Augustine and Cummins further in view of US Patent Publication US2017/0135632A1 hereinafter referred to as Franceschetti.
Re-Claim 11
Thomas as modified by Augustine and Cummins above discloses the claimed method however does not discloses further comprising separating, analyzing, and interpreting the components of the sound emanating from the patient's chest using artificial intelligence (AI) or machine learning (ML).
Franceschetti teaches the method for manufacturing the mattress or pad 200 fig.2A comprising mounting microphones 235 fig.2A further comprising separating, analyzing, and interpreting the components of the sound emanating from the patient's chest using artificial intelligence (AI) or machine learning (ML) (see fig.23-27 [0157-0158]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the method of manufacturing a surgical table mattress of Thomas as modified above and the method of analyzing the data from a mattress having a microphones and with a reasonable expectation of success arrived at a method of analyzing the data from a microphone in a mattress. One of ordinary skill in the art would have been motivated to make such a combination the for purpose of diagnosing the user of the mattress with a sleeping disorder as taught in Franceschetti [0158].
Re-Claim 33
Thomas as modified by Augustine, Cummins and Franceschetti above discloses,
Franceschetti teaches the method further comprising separating, analyzing, and interpreting the components of the sound emanating from the patient's chest using artificial intelligence (AI) or machine learning (ML) (see fig.23-27 [0157-0158]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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