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 .
Remarks
This communication is in response to Application No. 19/365,921 filed on 10/22/2025.
Claims 1-21 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 10/23/2025 and 1/23/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed 10/22/2025 are acceptable.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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.
Claim(s) 1-4, 6-8, 11-13, 15, 17-18, 20 and 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2015/0351982 A1, hereinafter D1.
As to claim 1.
D1 discloses a system (para 0097 "Disclosed herein are various embodiments of a bed and adjustable bed members comprising a bed system") comprising:
(a) a bed device (para [0051] "FIG. 1B shows a side cross-section view of a person 100 lying on an embodiment of a bed 103 formed with adjustable struts 114 having bed covering 118 affixed there over") comprising:
(i) one or more sensors for detecting at least one biological signal from a user of the bed device (para [0094] "Bed 400 may further comprise sensors, accelerometers, microphones, and other sensors that may allow the bed to monitor, record, analyze, and provide control to the struts 414, temperature controls, or other available controls based on a person's 100 breathing, heart rate, and other measurements related to the person's health and condition"),
(ii) a temperature control unit coupled to the one or more sensors (para [0094] "Bed 400 may further comprise sensors, accelerometers, microphones, and other sensors that may allow the bed to monitor, record, analyze, and provide control to . . . temperature controls, or other available controls based on a person's 100 breathing, heart rate, and other measurements related to the person's health and condition"),
wherein the temperature control unit is configured to adjust a temperature of a portion of the bed device (para [0094] "Temperature sensor 432 may measure temperature as close as possible to person 100. The output of temperature sensor 432 may be used to control heaters, coolers, fans, and possibly other elements of some embodiments of slat bed 400. Like bed 103, slat bed 400 may have similar components and capabilities to monitor and adjust temperature at one or more times while person 100 is in slat bed 400."), and
(iii) a sensor zone positioned on a bed device (signal sensed struts 620, fig 6c, para [0121]
"Accelerometers, motion sensors, pressure sensors, and other sensors may also be used in bed 103 or slat bed 400 to sense commands or signals from a person 1 00 lying in the bed. Signal sensed struts 620 are shown in FIG. 6C and may provide struts that are monitored in a more sophisticated fashion for some embodiments of beds that may allow a person to provide signals to the bed."),
wherein the sensor zone is configured to control one or more functions of the bed device based on a contact from the user (para [0048] "Some embodiments may monitor certain sensors to detect if a bed occupant is bumping, tapping, or otherwise generating movements, signaling that the bed occupant is in a certain sleeping position, that the bed occupant is not comfortable, or possibly providing other signals to control the bed."; para [ 0 1 2 1 ] "For example, if person 1 00 wants the bed to begin vibrating, the person 1 00 may bump one of the signal sensed struts 620 with their hand or fist rapidly three times in succession. A signal to the bed to stop vibrating may he delivered with two humps i n succession. Hence, a simple code, perhaps similar to the well-known Morse Code, may be provided. Such codes may signal to a bed that the person 100 lying on it may want to the bed to . . . accommodate them in any other possibly way for which such a code may be developed"); and
(b) a processor operatively coupled to the temperature control unit and the one or more sensors (para [0048] "The one or more controllers may receive information from multiple sensors to make determinations regarding how to benefit the comfort, sleep, and/or health of a bed occupant.").
As to claim 2.
D1 discloses the system of claim 1, and further discloses wherein the sensor zone is positioned on a side surface of the bed device or a top surface of the bed device (top surface, fig 6c, para [0048] "Some embodiments may monitor certain sensors to detect if a bed occupant is bumping, tapping, or otherwise generating movements, signal i ng that the bed occupant is in a certain sleeping position, that the bed occupant is not comfortable, or possibly providing other signals to control the bed").
As to claim 3.
D1 discloses the system of claim 1, and further discloses wherein one or more functions comprise a temperature of the bed device, an elevation of the bed device, an alarm of the bed device, or any combination thereof (elevation, para [0121] "For example, if person 1 00 wants the bed to begin vibrating, the person 1 00 may bump one of the signal sensed struts 620 with their hand or fist rapidly three times in succession. A signal to the bed to stop vibrating may be delivered with two bumps in succession. Hence, a simple code, perhaps similar to the well-known Morse Code, may be provided. Such codes may signal to a bed that the person 100 lying on it may want to the bed to . . . to raise or lower their head, or to accommodate them in any other possibly way for which such a code may be developed .").
As to claim 4.
D1 discloses the system of claim 1, and further discloses wherein each of the one or more functions of the bed device are controlled by a unique tap gesture of the sensor zone (para [0121] "For example, if person 100 wants the bed to begin vibrating, the person 100 may bump one of the signal sensed struts 620 with their hand or fist rapidly three times in succession. A signal to the bed to stop vibrating may be delivered with two bumps in succession. Hence, a simple code, perhaps similar to the well-known Morse Code, may be provided. Such codes may signal to a bed that the person 100 lying on it may want to the bed to . . . to raise or lower their head, or to accommodate them in any other possibly way for which such a code may be developed.").
As to claim 6.
D1 discloses the system of claim 1, and further discloses wherein each of the one or more functions of the bed device are controlled by a unique tap gesture on the sensor zone (this is inherent as more than one gesture is required to support more than one function).
As to claim 7.
D1 discloses the system of claim 6, and further discloses wherein the sensor zone is configured to process a plurality of unique tap gestures (this is inherent as more than one gesture is required to support more than one function).
As to claim 8.
D1 discloses the system of claim 1, and further discloses wherein the sensor zone comprises haptic feedback to the user (vibration/no vibration, para [0121] "For example, if person 100 wants the bed to begin vibrating, the person 100 may bump one of the signal sensed struts 620 with their hand or fist rapidly three times in succession. A signal to the bed to stop vibrating may be delivered with two bumps in succession. Hence, a simple code, perhaps similar to the well-known Morse Code, may be provided. Such codes may signal to a bed that the person 100 lying on it may want to the bed to . . . accommodate them in any other possibly way for which such a code may be developed").
As to claim 11.
D1 as modified teaches the system of claim 9, and further discloses wherein the one or more functions of the first section of the bed device comprises a temperature of the first section of the bed device ([0055]), and wherein the one or more functions of the second section of the bed device comprises an elevation of the second section of the bed device (fig. 10 ).
As to claim 12.
D1 discloses the system of claim 1, wherein the first sensor zone, the second sensor zone, or both is configured to provide haptic feedback to the user ([0132]).
As to claim 13.
D1 discloses the system of claim 1, and further discloses wherein the bed device is a mattress (fig. 1A).
As to claim 15.
D1 discloses the system of claim 1, and further discloses wherein the bed device is a mattress cover (118 in fig. 1A).
As to claim 17.
D1 discloses the system of claim 1, and further discloses ([0127]) wherein the first sensor zone, the second sensor zone, or both comprise a button (fig. 7 shows buttons 702).
As to claim 18.
D1 discloses the system of claim 1, and further discloses wherein the first sensor zone, the second sensor zone, or both do not comprise a touchscreen (see explanation for claim 17, no touchscreen).
As to claim 20.
D1 discloses the system of claim 1, and further discloses wherein the first sensor zone, the second sensor zone, or both comprise an accelerometer ([0046]).
As to claim 21.
D1 discloses the system of claim 1, wherein the processor ([0048]) is configured to control the one or more functions of the bed device based on both (i) the contact from the user on the sensor zone ([0048] Some embodiments may monitor certain sensors to detect if a bed occupant is bumping, tapping, or otherwise generating movements, signaling that the bed occupant is in a certain sleeping position, that the bed occupant is not comfortable, or possibly providing other signals to control the bed) and (ii) the detected at least one biological signal from the user ([0048] Beds may collect and combine inputs from a variety of sensors including pressure sensors, force sensors, temperature sensors, humidity sensors, vibration sensors, heart rate sensors, microphones that may be used to record and analyze breathing, and other possible sensors. The one or more controllers may receive information from multiple sensors to make determinations regarding how to benefit the comfort, sleep, and/or health of a bed occupant).
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 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.
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.
Claim(s) 5, 9, 10, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of US 2016/0073950 A1, hereinafter D2 (fig. 2 provided for convenience).
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As to claim 5.
D1 does not explicitly disclose wherein the one or more functions comprise a control for an alarm of the bed device.
D2 is in a related field of human biological signal gathering and analysis and describes ([0059]) a processor which comprises a control for an alarm of the bed device ([0059] processor 230 activates an alarm, when the user is in light sleep and when the current time is at most one hour before the user specified wake-up time that).
An invention is obvious where some teaching, suggestion, or motivation in the prior art which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. It would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 for the purpose of providing an improved sleep experience for a user. An invention created through a substitution of one known element for another to obtain predictable results is obvious.
As to claim 9.
D1 does not explicitly disclose wherein the first sensor zone controls one or more functions of a first section of the bed device, and wherein the second sensor zone controls one or more functions of a second section of the bed device.
D2 is in a related field of human biological signal gathering and analysis and describes ([0059]) a processor which comprises a control for an alarm of the bed device ([0059] processor 230 activates an alarm, when the user is in light sleep and when the current time is at most one hour before the user specified wake-up time that).
D2 teaches a first sensor zone controls one or more functions of a first section of the bed device, and wherein the second sensor zone controls one or more functions of a second section of the bed device ([0060] vibrating alarm strip can be divided into a plurality of zones corresponding to a plurality of users. For example, the left side of the bed corresponds to zone 1, and the right side of the bed corresponds to zone 2. Zone 1 and zone 2 can vibrate independently of each other. When the vibrating alarm is divided into the plurality of zones, the control signal comprises an identification associated with the zone to which the control signal is sent).
An invention is obvious where some teaching, suggestion, or motivation in the prior art which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. It would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 for the purpose of providing an improved sleep experience for a user. An invention created through a substitution of one known element for another to obtain predictable results is obvious.
As to claim 10.
D1 does not disclose wherein the first sensor zone controls the one or more functions of the first section of the bed device based at least in part on a contact from a first user on the first section of the bed device, and wherein the second sensor zone controls the one or more functions of the second section of the bed device based at least in part on a contact from a second user on the second section of the bed device.
D2 is in a related field of human biological signal gathering and analysis and describes ([0059]) a processor which comprises a control for an alarm of the bed device ([0059] processor 230 activates an alarm, when the user is in light sleep and when the current time is at most one hour before the user specified wake-up time that).
D2 teaches a first sensor zone controls one or more functions of a first section of a bed device based at least in part on a contact from a first user on the first section of the bed device ([0051] heating coil 600 is divided into two zones 660 and 610, each corresponding to one user of the bed. Each zone 660 and 610 can be heated or cooled independently of the other zone in response to the user's needs; even if the users switch sides of the bed, the system will correctly identify which user is sleeping in which zone by identifying the user based on any of the following signals alone, or in combination: heart rate, breathing rate, body motion, or body temperature associated with said user), and wherein the second sensor zone controls the one or more functions of the second section of the bed device based at least in part on a contact from a second user on the second section of the bed device ([0051]).
An invention is obvious where some teaching, suggestion, or motivation in the prior art which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. It would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 for the purpose of providing an improved sleep experience for a user. An invention created through a substitution of one known element for another to obtain predictable results is obvious.
As to claim 14.
D1 discloses the system of claim 13, but does not explicitly disclose wherein the first sensor zone, the second sensor zone, or both are embedded within the mattress.
D2 is in a related field of human biological signal gathering and analysis and describes ([0059]) a processor which comprises a control for an alarm of the bed device ([0059] processor 230 activates an alarm, when the user is in light sleep and when the current time is at most one hour before the user specified wake-up time that).
D2 teaches wherein the first sensor zone, the second sensor zone, or both are embedded within the mattress (fig. 2 shows 210 in mattress).
An invention is obvious where some teaching, suggestion, or motivation in the prior art which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. It would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 for the purpose of providing an improved sleep experience for a user. An invention created through a substitution of one known element for another to obtain predictable results is obvious.
As to claim 16.
D1 discloses the system of claim 15, but does not explicitly disclose wherein the first sensor zone, the second sensor zone, or both are embedded within the mattress cover.
D2 is in a related field of human biological signal gathering and analysis and describes ([0059]) a processor which comprises a control for an alarm of the bed device ([0059] processor 230 activates an alarm, when the user is in light sleep and when the current time is at most one hour before the user specified wake-up time that).
D2 teaches wherein the first sensor zone, the second sensor zone, or both are embedded within the mattress (fig. 3 shows a bed pad device).
An invention is obvious where some teaching, suggestion, or motivation in the prior art which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. It would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 for the purpose of providing an improved sleep experience for a user. An invention created through a substitution of one known element for another to obtain predictable results is obvious.
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SPE Justin 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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/J. T. Newton/Primary Examiner, Art Unit 3673 16 June 2026
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