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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means,” and, as such, are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Such claim limitations are the “means for cooling” in claim 16 and the “means for heating” in claim 17.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
In the instant case, the corresponding structure for the means to heat and the means to cool are found in paragraph 00262 of Applicant’s specification. Examples of means to heat and cool include a thermoelectric device and resistive heaters.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 6-8 are 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.
Claim 6 recites the limitation "the first amount" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it is assumed “the first amount” refers to the “first amount” which is introduced in each of claims 3, 4, and 5.
Claim 7 recites the limitation "the second amount" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it is assumed “the second amount” refers to the “second amount” which is introduced in each of claims 3, 4, and 5.
Claim 8 recites the limitation "the third amount" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it is assumed “the third amount” refers to the “third amount” which is introduced in each of claims 3, 4, and 5.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 and 11-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Moyen (U.S. Publication No. 2026/0102298).
Regarding claim 1, Moyen (U.S. Publication No. 2026/0102298) discloses a bed system having a temperature control system 2402 configured and programmed to: operate the temperature control system according to a first temperature scheme when a female sleeper is in a luteal phase, according to a second temperature scheme when the female sleeper is in a follicular phase (paragraphs 0497 and 0501-0504), and according to a third temperature scheme when the female sleeper is in menopausal transition (paragraphs 0497 and 0551).
Regarding claim 2, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the luteal phase, follicular phase, and menopausal transition are determined by one or more of user input, a user device, a data provider, and biometric data (paragraph 0496-0500).
Regarding claim 3, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the first temperature scheme comprises instructions to first increase skin temperature by a first amount (paragraph 0188-0189, which discusses how the bedtime temperature is set and paragraph 0253 which discusses potential bedtime temperature settings), to second increase skin temperature by a second amount less than the first amount (paragraph 0191, where the initial temperature may be higher than the bedtime temperature), and to third decrease skin temperature by a third amount (paragraph 0271, where the wake-up temperature may be between 12 and 43 degrees Celsius, and see paragraph 0510, where the exact temperature settings can vary based on whether the user is in luteal or follicular phase).
Regarding claim 4, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the second temperature scheme comprises instructions to first increase skin temperature by a first amount (paragraph 0188-0189, which discusses how the bedtime temperature is set and paragraph 0253 which discusses potential bedtime temperature settings), to second increase skin temperature by a second amount (paragraph 0191, where the initial temperature may be higher than the bedtime temperature), and to third decrease skin temperature by a third amount that is less than the first amount (paragraph 0271, where the wake-up temperature may be between 12 and 43 degrees Celsius, and see paragraph 0510, where the exact temperature settings can vary based on whether the user is in luteal or follicular phase).
Regarding claim 5, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the third temperature scheme comprises instructions to first increase skin temperature by a first amount (paragraph 0188-0189, which discusses how the bedtime temperature is set and paragraph 0253 which discusses potential bedtime temperature settings), to second increase skin temperature by a second amount less than the first amount (paragraph 0191, where the initial temperature may be higher than the bedtime temperature), and to third decrease skin temperature by a third amount (paragraph 0271, where the wake-up temperature may be between 12 and 43 degrees Celsius, and see paragraph 0497, where the exact temperature settings can vary based on whether the user is in menopause).
Regarding claim 6, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the first amount is configured to improve sleep quality by accelerating the female sleeper falling asleep (paragraph 0630).
Regarding claim 7, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the second amount is configured to improve sleep quality by lengthening a duration of the female sleeper staying asleep (paragraph 0630).
Regarding claim 8, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the third amount is configured to improve sleep quality by accelerating the female sleeper to an alert wakeful state (paragraph 0232).
Regarding claim 11, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the temperature control system comprises a pump 2330 configured to move liquid 2320 through a layer proximate the female sleeper (Figure 4 and paragraph 0652).
Regarding claim 12, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses wherein the temperature control system comprises a climate control layer 2356 configured to be positioned under the female sleeper (Figure 4 and paragraph 0652).
Regarding claim 13, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen further discloses a mattress 2350 (Figure 4 and paragraph 0652).
Regarding claim 14, Moyen discloses a bed system having a temperature control system 2402 configured and programmed to: operate the temperature control system according to a first temperature scheme when a female sleeper is in a luteal phase (paragraphs 0497 and 0501-0504) to first increase skin temperature by a first amount (paragraph 0188-0189, which discusses how the bedtime temperature is set and paragraph 0253 which discusses potential bedtime temperature settings), to second increase skin temperature by a second amount less than the first amount (paragraph 0191, where the initial temperature may be higher than the bedtime temperature), and to third decrease skin temperature by a third amount (paragraph 0271, where the wake-up temperature may be between 12 and 43 degrees Celsius, and see paragraph 0510, where the exact temperature settings can vary based on whether the user is in luteal or follicular phase).
Regarding claim 15, Moyen discloses the subject matter as discussed above with regard to claim 14. Moyen further discloses wherein: the first amount is selected to improve sleep quality by accelerating the female sleeper falling asleep (paragraph 0630), the second amount is selected to improve sleep quality by lengthening a duration of the female sleeper staying asleep (paragraph 0630), and the third amount is selected to improve sleep quality by accelerating the female sleeper to an alert wakeful state (paragraph 0232).
Regarding claim 16, Moyen discloses the subject matter as discussed above with regard to claim 14. Moyen further discloses means 2340 for heating the mattress and the female sleeper (paragraph 0656, which discloses a thermoelectric heat pump).
Regarding claim 17, Moyen discloses the subject matter as discussed above with regard to claim 14. Moyen further discloses means for cooling the mattress and the female sleeper (paragraph 0656, which describes a thermoelectric cooler).
Regarding claim 18, Moyen discloses a bed system comprising: a temperature control system comprising: at least one processor (paragraph 0186); and computer memory (paragraph 0173) storing instructions that, when executed by the at least one processor, cause the at least one processor to: determine that a female sleeper is in her luteal phase (paragraphs 0503-0511); and operate the temperature control system 2402, based on the determination that the female sleeper is in her luteal phase, to alter a temperature of at least a portion of the bed system according to a temperature scheme (paragraphs 0497 and 0501-0504).
Regarding claim 19, Moyen discloses the subject matter as discussed above with regard to claim 18. Moyen further discloses wherein the temperature scheme comprises increasing a skin temperature of the female sleeper for a first period of time (paragraph 0188-0189, which discusses how the bedtime temperature is set and paragraph 0253 which discusses potential bedtime temperature settings), warming a microclimate of the female sleeper for a second period of time (paragraph 0191, where the initial temperature may be higher than the bedtime temperature), and decreasing the skin temperature of the female sleeper for a third period of time (paragraph 0271, where the wake-up temperature may be between 12 and 43 degrees Celsius, and see paragraph 0510, where the exact temperature settings can vary based on whether the user is in luteal or follicular phase).
Regarding claim 20, Moyen discloses the subject matter as discussed above with regard to claim 18. Moyen further discloses wherein the first period of time of the temperature scheme is configured to improve sleep quality by accelerating the female sleeper falling asleep (paragraph 0630).
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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Moyen in view of Chapin (U.S. Publication No. 2021/0186224)
Regarding claim 9, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen does not explicitly disclose wherein the temperature control system comprises an air blower configured to move air over the female sleeper.
Chapin teaches wherein the temperature control system comprises an air blower 3110 configured to move air over the female sleeper (Figure 31 and paragraph 0213).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Moyen with Chapin (both being directed to temperature regulating systems for a mattress) such that the temperature control system comprises an air blower configured to move air over the female sleeper. One of ordinary skill in the art would have been motivated to do so because providing an air blower which moves air across a user allows for the humidity of the sleeping environment to be adjusted as well as the temperature (paragraph 0208).
Regarding claim 10, Moyen discloses the subject matter as discussed above with regard to claim 1. Moyen does not disclose wherein the temperature control system comprises an air exchanger fan to replace the air in the in-bed microclimate with environmental air.
Chapin teaches wherein the temperature control system comprises an air exchanger fan 3220 to replace the air in the in-bed microclimate with environmental air 3245 (Figure 32 and paragraph 0214).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Moyen with Chapin (both being directed to temperature regulating systems for a mattress) such that the temperature control system comprises an air blower configured to move air over the female sleeper. One of ordinary skill in the art would have been motivated to do so because providing an air blower which moves air across a user allows for the humidity of the sleeping environment to be adjusted as well as the temperature (paragraph 0208).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Connor (U.S. Publication No. 2024/0108148) which discloses a temperature control system which operates a temperature control scheme associated with a female user in a menopausal transition.
Traweek (Patent Publication No. WO 2022/026858 A1) which discloses a temperature control system which operates a temperature control scheme associated with a female user in a menopausal transition.
Elliot (U.S. Publication No. 2020/0397148) which discloses a temperature control system comprising an air exchanger fan to replace the air in the in-bed microclimate with environmental air.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
