DETAILED ACTION
This action is responsive to the application filed 5/29/26.
Claims 1-30 are rejected.
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.
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 § 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 8 and 10 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.
Regarding claim 8, it is ambiguous from the claim what applicant means by ‘a negative electrical current’ and a ‘positive electrical current’.
Regarding claim 10, it is not clear what applicant means by a ‘coiled channel’ in the context of the claim.
Election/Restrictions
Applicant's election with traverse of species IX (the embodiment of fig. 24A) in the reply filed on 9/4/26 is acknowledged. The traversal is on the ground(s) that the office action has not established that the different embodiments have mutually exclusive characteristics. This is not found persuasive because a review of the disclosure will indicate that the identified embodiments comprise varying system components and different fluid flow patterns between the different components. Further, the examiner maintains, considering the variations between the identified embodiments with respect to system components and flow patterns, that it would be a search burden on the examiner to search for all disclosed iterations of the system.
Therefore, the requirement is still deemed proper and made FINAL.
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) 1-8 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stolpmann (US 20030046762) in view of Schiff et al. (US 20050065584) and Youngblood et al. (US 20180000255, “Youngblood”).
Regarding claim 1, Stolpmann teaches a sleep system for regulating a temperature of a bed device (Abstract, ‘An apparatus for regulating a temperature of a body support structure’), comprising: a mattress cover (Fig. 1A, support structure 14); a fluid supply configured to supply a liquid (Fig. 5, fluid supply 36; par. 33, “it is within the scope of the present invention to use any one of many different types of fluids such as […] water”); a first channel (Fig. 4, fluid channel comprising flexible tubing 78/80 and support zone 50) fluidically coupled to the fluid supply (Figs. 4-5, support zone 50 is fluidically coupled to fluid supply 36 through valve 102); a second channel (Fig. 4, fluid channel comprising flexible tubing 78/80 and support zone 52) fluidically coupled to the fluid supply (Figs. 4-5, support zone 52 is fluidically coupled to fluid supply 36 through valve 102); one or more temperature sensors (Figs. 4a-b and par. 45, “While only one sensor 28 is illustrated in the drawings, support structures 14 it is within the scope of the present invention to include a sufficient number of sensors 28 associated with each bladder 16 to ensure an accurate temperature reading.”); a thermoelectric engine comprising a first thermoelectric unit (Fig. 4, temperature regulator 72 associated with support zone 50; par. 43, “The temperature modulator 72 may comprise a conventional heat exchanger, thermoelectric cooling device, heat pump, heating or cooling element, or other similar device.”), a second thermoelectric unit (Fig. 4, temperature regulator 72 associated with support zone 52; par. 43, “The temperature modulator 72 may comprise a conventional heat exchanger, thermoelectric cooling device, heat pump, heating or cooling element, or other similar device.”); at least one pump (Fig. 4, circulators 34 associated with each support zones 50, 52, 54 and 56; par. 43, “The circulator 34 may comprise a conventional air circulator, such as a fan, blower, pump, compressor or other similar device for causing the movement of fluid. ”) configured to circulate a first portion of the liquid in the first channel and a second portion of the liquid in the second channel (Fig. 4, circulators 34 associated with each of support zones 50 and 52); and a memory (Fig. 4, memory 73) coupled to at least one processor (Par. 40, “The controller 40 may comprise a conventional programmable microprocessor […]”), the at least one processor configured to cause the thermoelectric engine to: regulate a first temperature of the first portion of the liquid in a first zone of the mattress cover based on a first temperature set point for a first time period (Par. 40, “The preselected temperature value for each support zone 50, 52, 54, and 56 may be entered through a conventional input device, such as a keyboard (not shown) and stored within an internal memory 73 of the controller 40. The controller 40 may comprise a conventional programmable microprocessor for controlling the temperature modulator 72 and the circulator 34 via conventional connector means, such as electrical wiring or cable, based on the comparison of temperature signals 38 received from sensors 28 to the predetermined desired temperature for each support zone 50, 52, 54, and 56.”); and regulate a second temperature of the second portion of the liquid in a second zone of the mattress cover based on a second temperature set point for a second time period (Par. 40).
While Stolpmann teaches that it is within the scope of the invention for the thermal fluid to be water (Par. 33, “it is within the scope of the present invention to use any one of many different types of fluids such as […] water”), Stolpmann fails to explicitly teach that the fluid supply is a reservoir configured to contain a liquid; and that the thermoelectric element comprises one or more fans.
Regarding the liquid reservoir aspect, Schiff teaches a system for regulating a temperature of a thermotherapeutic device (Abstract, “A system, device and method for thermally affecting tissue are provided.”), comprising: a thermotherapeutic device (Fig. 4, thermal application device 110; par. 29, “a thermal application device 110 (referred to herein as the "pad") for contact with the tissue to be treated”); a reservoir configured to contain a liquid (Fig. 4, reservoir 130, “Par. 55, “In this embodiment, the fluid reservoir 130 is preferably a saline bag, but other suitable types of fluid containers, such as but not limited to, bottles or jars may be used.”); a channel fluidically coupled to the reservoir (Fig. 4, circulation path 104 coupled to reservoir 130 through valves 416, 418 and 420); one or more temperature sensors (Fig. 4, temperature sensors 142 and 144); a thermoelectric engine comprising a thermoelectric unit (Fig. 4, fluid chiller 116; par. 39, “The fluid chiller 116 is preferably a solid-state thermoelectric cold plate cooler (TEC) that operates on the Peltier Effect as is known in the art.”); at least one pump configured to circulate a first portion of the liquid in the channel (Fig. 4, pump 112); and a memory (Fig. 2, PCU memory 126) coupled to at least one processor (Fig. 2, PCU controller 114; par. 36, “The PCU controller 114 may comprise a microprocessor, a micro-controller”), the at least one processor configured to cause the thermoelectric engine (Par. 40, “The fluid chiller controller 118 may include electronic circuitry to regulate the voltage to the fluid chiller 116 based on a proportional/integral feedback control algorithm. ”) to: regulate a temperature of the first portion of the liquid in the thermotherapeutic device based on a temperature set point for a time period (Par. 40, “In one embodiment, feedback to control the operation of the fluid chiller controller 118 is provided via the higher temperature of two temperature sensors 148, for example thermistors, on the pad 110. When contact with the tissue is made, the thermistors 148 provide temperature indication to allow the fluid chiller controller 118 to maintain the surface at a target temperature by chilling the circulating thermally conductive fluid as required, for example to maintain brain tissue temperature at the contact point at 15˚ C., ±1˚ C.”).
Therefore, in view of Schiff it would have been obvious to a POSITA to modify fluid supply 36 of Stolpmann to comprise a liquid reservoir, as taught by Schiff, to take advantage of water’s higher heat capacity and thermal conductivity relative to air for faster and more consistent heat transfer with the user and since Stolpmann already natively contemplates using water as the thermal fluid (Par. 33). In addition, once a POSTIA decided to use water as the thermal fluid, the selection of a liquid reservoir as the fluid supply, as taught by Schiff, is considered a routine selection among a finite number of known solutions in the art, which would yield the predictable result of a fluid supply capable of providing water to the various fluid circulation loops natively disclosed by Stolpmann. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding the thermoelectric fan aspect, Youngblood teaches an analogous sleep system for regulating a temperature of a bed device (Abstract, ‘The present invention provides systems, methods, and articles for temperature conditioning a surface.’; Fig. 1, mattress pad 11), comprising: a mattress cover (Fig. 1, mattress pad 11); a reservoir configured to contain a liquid (Fig. 3, fluid reservoir 22; par. 86, “In a preferred embodiment, the fluid is water.”); a channel fluidically coupled to the reservoir (Fig. 3, fluid supply lines 14, 16-17 and in-house tubing 28 connected reservoir 22); one or more temperature sensors (Fig. 21, body temperature sensor 270 and environmental temperature sensor 725); and a thermoelectric engine comprising a thermoelectric unit (Fig. 3, thermoelectric cooling modules 33A-33D), and one or more fans (Fig. 3, electric case fans 71-72; par. 82, “The exemplary fans 71, 72 promote air flow across the sink fins 65, and outwardly from the control unit 10 through exhaust vents 13 formed with the sides and bottom of the housing 21.”); at least one pump configured to circulate a first portion of the liquid in the first channel (Fig. 3, pump 81).
Therefore, in view of Youngblood, it would have been obvious to a POSITA at the time that the invention was filed to further modify Stolpmann, as modified, by providing fans to cool the hot sides of the thermoelectric units to dissipate heat from the thermoelectric units, thereby ensuring proper operating conditions for the thermoelectric units, as taught by Youngblood.
Regarding claim 2, Stolpmann, as modified, further teaches wherein the thermoelectric engine is configured to adjust the first temperature of the first portion of the liquid in the first channel to regulate the first temperature of the first portion of the liquid (Par. 41, “In response to the comparison, the controller 40 transmits a control signal 74 to each temperature modulator 72 instructing it to heat or cool the air in its respective support zone 50, 52, 54, 56.”; par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”).
Regarding claim 3, Stolpmann, as modified, further teaches wherein the thermoelectric engine is configured to adjust the second temperature of the second portion of the liquid in the second channel to regulate the second temperature of the second portion of the liquid (Par. 41, “In response to the comparison, the controller 40 transmits a control signal 74 to each temperature modulator 72 instructing it to heat or cool the air in its respective support zone 50, 52, 54, 56.”; par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”).
Regarding claim 4, Stolpmann, as modified, further teaches wherein the first thermoelectric unit is configured to regulate the first temperature of the first portion of the liquid in the first zone of the mattress cover and the second thermoelectric unit is configured to regulate the second temperature of the second portion of the liquid in the second zone of the mattress cover (Par. 41, “In response to the comparison, the controller 40 transmits a control signal 74 to each temperature modulator 72 instructing it to heat or cool the air in its respective support zone 50, 52, 54, 56.”; par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”).
Regarding claim 5, Stolpmann, as modified, further teaches wherein the one or more temperature sensors comprise a first temperature sensor measuring a temperature of the liquid (Par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”) exiting the thermoelectric engine and a second temperature sensor measuring a temperature of the liquid entering the thermoelectric engine (Par. 45, “Moreover, a first temperature sensor 28 may be positioned proximate each respective inlet manifold 64a, 66a, 68a and 70a, and a second temperature sensor 28 may be positioned proximate each respective outlet manifold 64b, 66b, 68b and 70b. The difference between the temperatures (AT) measured by the first and second temperature sensors 28 together with the mass flow and the specific heat of the fluid within the respective bladder 16 determines the amount of heat transfer. As such, the amount of heat supplied to or withdrawn from the patient may be calculated.”; further based on the disclosure of par. 44 fluid in inlet manifolds 64a, 66a, 68a and 70a represent fluid entering temperature modulators 72, while fluid in outlet manifolds 64b, 66b, 68b and 70b represent fluid exiting temperature modulators 72).
Regarding claim 6, Stolpmann, as modified, further teaches wherein the one or more temperature sensors comprise a first temperature sensor measuring a temperature of the liquid (Par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”) in the first channel and a second temperature sensor measuring a temperature of the liquid in the second channel (Par. 30, “Temperature sensors 28 are illustratively conventional temperature probes configured to measure the temperature of the air in their respective vicinity and to provide electrical output or temperature signals 38 indicative of the measured temperature to a controller 40 (FIGS. 4A and 4B). ”; figs. 4a-b, temperature sensors 28; par. 45, “For illustrative purposes, the closed loop system associated with head zone 50 only is shown in FIGS. 4A and 4B. It should be appreciated that the seat zone 52, thigh zone 54, and foot zone 56 include substantially similar structures.”).
Regarding claim 7, Stolpmann, as modified, further teaches wherein the first thermoelectric unit (Par. 43, “The temperature modulator 72 may comprise a conventional heat exchanger, thermoelectric cooling device, heat pump, heating or cooling element, or other similar device.”) is capable of both increasing the temperature of a side of the first thermoelectric unit and decreasing the temperature of the side of the first thermoelectric unit (Par. 44, “In the embodiments shown in FIGS. 4 and 4A, each circulator 34 draws air out of the respective support zone 50, 52, 54, 56 through the flexible tubing 78 and moves the air through or across the temperature modulator 72, which heats or cools the air in response to the control signals 74 received by the temperature modulator 72 from the controller 40.”), but fails to teach that the increase in temperature is upon receiving a first direction of electrical current and the decrease in temperature is upon receiving a second direction of electrical current.
Schiff, however, further teaches wherein the thermoelectric unit increases a temperature of a side of the thermoelectric unit upon receiving a first direction of electrical current and decreases the temperature of the side of the thermoelectric unit upon receiving a second direction of electrical current (Par. 39, “Generally, thermoelectric coolers operate by radiating heat when an electrical potential of one polarity is applied and absorbing heat when an electrical potential of the opposite polarity is applied.”).
Therefore, since Stolpmann teaches a thermoelectric unit capable of supplying both heating and cooling, and Schiff teaches a standard method for configuring a thermoelectric unit for this functionality, it would have been obvious to a POSITA at the time that the invention was filed to modify the controller and thermoelectric units of Stolpmann to provide and receive control signals with opposite polarities, in order to configure the device to provide this natively disclosed functionality.
Regarding claim 8, wherein the first direction is a negative electrical current and the second direction is a positive electrical current (Stolpmann has previously been modified to configure the thermoelectric units for receiving opposite polarity currents; See Schiff, par. 39, “Generally, thermoelectric coolers operate by radiating heat when an electrical potential of one polarity is applied and absorbing heat when an electrical potential of the opposite polarity is applied.”; further, we can arbitrarily assign the first direction as ‘negative’ and the second direction as ‘positive’).
Regarding claim 12, Stolpmann, as modified, further teaches wherein the reservoir comprises at least one exit orifice (Stolpmann has previously been modified in view of Schiff to comprises a reservoir; see Schiff, par. 56, “outlet tube of fluid reservoir 130”).
Regarding claim 13, Stolpmann, as modified, fails to teach wherein the reservoir comprises a detecting sensor to detect that the reservoir contains the liquid.
However, Youngblood further teaches that the reservoir comprises a detecting sensor to detect that the reservoir contains the liquid (Par. 84, “A second fluid reservoir is used to store fluid. In a preferred embodiment, fluid from the second fluid reservoir is automatically used to fill the first fluid reservoir when the at least one sensor indicates that the level of the fluid is below a minimum value.”).
Therefore, in view of Youngblood it would have been obvious to a POSITA at the time that the invention was filed to modify the reservoir of Stolpmann, as modified, to provide the reservoir with a level sensor, in order to allow the reservoir to be refilled either automatically or through the action of the user when the sensor senses that the fluid level is below a minimum value, thereby preventing damage to hardware caused by running the system at a low fluid state, and so as to ensure a consistent thermal transfer between the mattress cover and the user during use, as taught by Youngblood.
Regarding claim 14, Stolpmann, as modified, fails to teach wherein the at least one processor is further configured to: receive a temperature setting from a mobile device over a network.
Youngblood, however, further teaches wherein the at least one processor is further configured to: receive a temperature setting from a mobile device over a network (Par. 94, “The at least one remote device preferably has a user interface (e.g., a mobile application for a smartphone or tablet, buttons on a remote control) that allows a user to select target temperatures for the mattress pad or independent zones within the mattress pad.”; par. 93, “ In a preferred embodiment, the at least one remote device is in wireless network communication with the control unit. The wireless communication is, by way of example and not limitation, radiofrequency, Bluetooth, ZigBee, Wi-Fi, wireless local area networking, near field communication (NFC), or other similar commercially utilized standards.”).
Therefore, it would have been obvious to a POSITA at the time that the invention was filed to further modify Stolpmann, as modified, by configuring the controller to receive a temperature setting from a mobile device over a network, to allow the user to conveniently utilize a smartphone, tablet or laptop to input the temperature setting into the controller, as taught by Youngblood.
Regarding claim 15, Stolpmann, as modified, further teaches wherein the network is a Bluetooth network (Stolpmann has previously been modified in view of Youngblood to configure the controller to receive a temperature setting from a mobile device over a network; par. 93, “The wireless communication is, by way of example and not limitation, radiofrequency, Bluetooth, ZigBee, Wi-Fi, wireless local area networking, near field communication (NFC), or other similar commercially utilized standards.”).
Regarding claim 16, Stolpmann, as modified, further teaches wherein the network is a WiFi Network (Stolpmann has previously been modified in view of Youngblood to configure the controller to receive a temperature setting from a mobile device over a network; par. 93, “The wireless communication is, by way of example and not limitation, radiofrequency, Bluetooth, ZigBee, Wi-Fi, wireless local area networking, near field communication (NFC), or other similar commercially utilized standards.”).
Claim(s) 9-11 and 18-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stolpmann in view of Schiff and Youngblood, as applied to claims 1-8 and 12-16 above, and further in view of Harsy (US 7959657).
Regarding claim 9, Stolpmann, as modified, fails to explicitly teach wherein the one or more fans are configured to receive a control signal from the at least one processor.
Harsy, however, teaches an analogous system for regulating a temperature of a thermotherapeutic device (Abstract, “A portable thermal therapeutic apparatus, adapted to transfer heat between a creature and the atmosphere by circulating heat transfer fluid within a conduit held in contact with the creature.”), comprising: a thermotherapeutic device (Fig. 10, body worn pad 254); a reservoir configured to contain a liquid (Fig. 10, fluid reservoir 118; col. 9, lines 25-27, “In the illustrative embodiment, a blend of water and ethylene glycol are used as the working fluid.”); a first channel fluidically coupled to the reservoir (Fig. 10 and col. 9, lines 23-25, “The body-worn pad 114 has the conduit 112 arranged in a tortuous path inside.”); one or more temperature sensors (Fig. 10, temperature sensor 137); a thermoelectric engine comprising a thermoelectric unit (Fig. 10, thermoelectric module 126), and one or more fans (Fig. 10, fan 132); at least one pump configured to circulate a first portion of the liquid in the first channel (Fig. 10, pump 122); and a memory (Col. 11, lines 7-8, “At step 212, the plural temperature set points and time intervals are stored into a memory of the controller.”) coupled to at least one processor (Col. 8, lines 27-29, “Application software provided to the user with the apparatus 34 is loaded and executed on the computing device 36.”), wherein the one or more fans are configured to receive a control signal from the at least one processor (Col. 10, lines 12-14, “The controller 138 controls the power supply to drive the fan 132 and the pump 122 during operation of the apparatus.”).
Therefore, in view of Harsy, it would have been obvious to a POSITA at the time that the invention was filed to further modify Stolpmann, as modified, by configuring the processor to control the power supply to the fan, to allow for the operation of the fan to be integrated into the control software of the device. A POSITA would be led to do this to allow for a more complex fan control algorithm, without the need to design specialized, complex control circuitry.
Regarding claim 10, Stolpmann, as modified, fails to teach wherein the first channel and the second channel are coiled within the mattress cover.
Harsy, however, further teaches that the thermotherapeutic device comprises a coiled channel (Fig. 10, showing a serpentine coiled channel 116 extending through body-worn pad 114).
Therefore, since Stolpmann, as modified, and Harsy teach different channel configurations for cooling an area of a thermotherapeutic device, it would have been obvious to a POSITA at the time that the invention was filed to substitute one known channel configuration for the other in order to arrive at the predictable result of a channel configuration for cooling an area of a thermotherapeutic pad. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 11, Stolpmann, as modified, fails to teach wherein the first channel and the second channel comprise a polymeric material.
Harsy, however, teaches the use of flexible thermoplastic tubing that connects the thermotherapeutic device with the control unit (Col. 6, lines 35-37, “The flexible conduit may be conventional tubing, made from any suitable rubber or thermoplastic material.”).
Therefore, since Stolpmann natively teaches the use of flexible tubing to connect the different mattress zones with their respective temperature modulators (Par. 42, e.g. flexible tubing 78), and Harsy teaches a flexible tubing constructed from a thermoplastic material, it would have been obvious to a POSITA at the time that the invention was filed to select a thermoplastic flexible tubing in order to implement the intended flexible tubing natively disclosed by Stolpmann and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 18, Stolpmann, as modified, teaches a method for regulating a temperature of a bed device (Abstract, ‘An apparatus for regulating a temperature of a body support structure’), comprising: receiving, by one or more processors (Par. 40, “The controller 40 may comprise a conventional programmable microprocessor […]”), a first temperature set point for a first time period (Par. 40, “The preselected temperature value for each support zone 50, 52, 54, and 56 may be entered through a conventional input device, such as a keyboard (not shown) and stored within an internal memory 73 of the controller 40”) and a second temperature set point for a second time period (Par. 40, “The preselected temperature value for each support zone 50, 52, 54, and 56 may be entered through a conventional input device, such as a keyboard (not shown) and stored within an internal memory 73 of the controller 40”); and causing, by the one or more processors, a thermoelectric engine comprising a first thermoelectric unit (Fig. 4, temperature regulator 72 associated with support zone 50; par. 43, “The temperature modulator 72 may comprise a conventional heat exchanger, thermoelectric cooling device, heat pump, heating or cooling element, or other similar device.”), a second thermoelectric unit (Fig. 4, temperature regulator 72 associated with support zone 52; par. 43, “The temperature modulator 72 may comprise a conventional heat exchanger, thermoelectric cooling device, heat pump, heating or cooling element, or other similar device.”), and one or more fans (Stolpmann has previously been modified in view of Youngblood to comprises fans for cooling the thermoelectric elements and in view of Harsy to connect said fans to the controller; see Youngblood, fig. 3, electric case fans 71-72; see Harsy, col. 10, lines 12-14, “The controller 138 controls the power supply to drive the fan 132 and the pump 122 during operation of the apparatus.”) to regulate a first temperature of a first portion of a liquid in a first zone of a mattress cover based on the first temperature set point for the first time period and regulate a second temperature of a second portion of the liquid in a second zone of the mattress cover based on the second temperature set point for the second time period (The controller 40 may comprise a conventional programmable microprocessor for controlling the temperature modulator 72 and the circulator 34 via conventional connector means, such as electrical wiring or cable, based on the comparison of temperature signals 38 received from sensors 28 to the predetermined desired temperature for each support zone 50, 52, 54, and 56.”; par. 33, “it is within the scope of the present invention to use any one of many different types of fluids such as […] water”), wherein a reservoir contains the liquid (Stolpmann has previously been modified to comprise a reservoir fluid supply for containing a liquid; see Schiff, fig. 4, reservoir 130, “Par. 55, “In this embodiment, the fluid reservoir 130 is preferably a saline bag, but other suitable types of fluid containers, such as but not limited to, bottles or jars may be used.”), wherein a first channel (Fig. 4, fluid channel comprising flexible tubing 78/80 and support zone 50) and a second channel (Fig. 4, fluid channel comprising flexible tubing 78/80 and support zone 52) are fluidically coupled to the reservoir (Figs. 4-5, support zones 50/52 are fluidically coupled to fluid supply 36 through valves 102), and wherein at least one pump (Fig. 4, circulators 34 associated with each support zones 50, 52, 54 and 56; par. 43, “The circulator 34 may comprise a conventional air circulator, such as a fan, blower, pump, compressor or other similar device for causing the movement of fluid.”) circulates the liquid in the first channel and the second channel (Fig. 4, circulators 34 associated with each of support zones 50 and 52).
Regarding claim 19, Stolpmann, as modified, wherein to regulate the first temperature of the first portion of the liquid, the thermoelectric engine adjusts the first temperature of the first portion of the liquid in the first channel (Par. 41, “In response to the comparison, the controller 40 transmits a control signal 74 to each temperature modulator 72 instructing it to heat or cool the air in its respective support zone 50, 52, 54, 56.”; par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”).
Regarding claim 20, Stolpmann, as modified, further teaches wherein to regulate the second temperature of the second portion of the liquid, the thermoelectric engine adjusts the second temperature of the second portion of the liquid in the second channel (Par. 41, “In response to the comparison, the controller 40 transmits a control signal 74 to each temperature modulator 72 instructing it to heat or cool the air in its respective support zone 50, 52, 54, 56.”; par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”).
Regarding claim 21, Stolpmann, as modified, further teaches wherein the first thermoelectric unit is configured to regulate the first temperature of the first portion of the liquid in the first zone of the mattress cover and the second thermoelectric unit is configured to regulate the second temperature of the second portion of the liquid in the second zone of the mattress cover (Pars. 40-41, “The controller 40 may comprise a conventional programmable microprocessor for controlling the temperature modulator 72 and the circulator 34 via conventional connector means, such as electrical wiring or cable, based on the comparison of temperature signals 38 received from sensors 28 to the predetermined desired temperature for each support zone 50, 52, 54, and 56. ¶ In response to the comparison, the controller 40 transmits a control signal 74 to each temperature modulator 72 instructing it to heat or cool the air in its respective support zone 50, 52, 54, 56.”).
Regarding claim 22, Stolpmann, as modified, further teaches wherein a first temperature sensor measures a temperature of the liquid (Par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”) exiting the thermoelectric engine and a second temperature sensor measures a temperature of the liquid entering the thermoelectric engine (Par. 45, “Moreover, a first temperature sensor 28 may be positioned proximate each respective inlet manifold 64a, 66a, 68a and 70a, and a second temperature sensor 28 may be positioned proximate each respective outlet manifold 64b, 66b, 68b and 70b. The difference between the temperatures (AT) measured by the first and second temperature sensors 28 together with the mass flow and the specific heat of the fluid within the respective bladder 16 determines the amount of heat transfer. As such, the amount of heat supplied to or withdrawn from the patient may be calculated.”; further based on the disclosure of par. 44 fluid in inlet manifolds 64a, 66a, 68a and 70a represent fluid entering temperature modulators 72, while fluid in outlet manifolds 64b, 66b, 68b and 70b represent fluid exiting from temperature modulators 72).
Regarding claim 23, Stolpmann, as modified, further teaches wherein a first temperature sensor measures the first temperature of the first portion of the liquid (Par. 33, “However, it is within the scope of the present invention to use any one of many different types of fluids such as […] water”) in the first channel and a second temperature sensor measures the second temperature of the second portion of the liquid in the second channel (Par. 30, “Temperature sensors 28 are illustratively conventional temperature probes configured to measure the temperature of the air in their respective vicinity and to provide electrical output or temperature signals 38 indicative of the measured temperature to a controller 40 (FIGS. 4A and 4B). ”; figs. 4a-b, temperature sensors 28; par. 45, “For illustrative purposes, the closed loop system associated with head zone 50 only is shown in FIGS. 4A and 4B. It should be appreciated that the seat zone 52, thigh zone 54, and foot zone 56 include substantially similar structures.”).
Regarding claim 24, Stolpmann, as modified, wherein the first thermoelectric unit increases a temperature of a side of the first thermoelectric unit upon receiving a first direction of electrical current and decreases the temperature of the side of the first thermoelectric unit upon receiving a second direction of electrical current (Stolpmann has previously been modified in view of Schiff to configure the controller and thermoelectric unit to provide and receive a control signals with opposite polarities; see Schiff, par. 39, “Generally, thermoelectric coolers operate by radiating heat when an electrical potential of one polarity is applied and absorbing heat when an electrical potential of the opposite polarity is applied.”).
Regarding claim 25, Stolpmann, as modified, further teaches wherein the reservoir comprises at least one exit orifice (Stolpmann has previously been modified in view of Schiff to comprises a liquid reservoir; see Schiff, par. 56, “outlet tube of fluid reservoir 130”).
Regarding claim 26, Stolpmann, as modified, further teaches wherein the reservoir comprises a detecting sensor to detect that the reservoir contains the liquid (Stolpmann has previously been modified in view of Youngblood to comprise a level sensor within the reservoir; see Youngblood, par. 84, “A second fluid reservoir is used to store fluid. In a preferred embodiment, fluid from the second fluid reservoir is automatically used to fill the first fluid reservoir when the at least one sensor indicates that the level of the fluid is below a minimum value.”).
Regarding claim 27, Stolpmann, as modified, further teaches receiving the first temperature set point and the second temperature set point from a mobile device over a network (Stolpmann has previously been modified in view of Youngblood to configure the controller to receive a set point temperature from a mobile device over a network; see Youngblood, see Youngblood, par. 94, “The at least one remote device preferably has a user interface (e.g., a mobile application for a smartphone or tablet, buttons on a remote control) that allows a user to select target temperatures for the mattress pad or independent zones within the mattress pad.”; par. 93, “ In a preferred embodiment, the at least one remote device is in wireless network communication with the control unit. The wireless communication is, by way of example and not limitation, radiofrequency, Bluetooth, ZigBee, Wi-Fi, wireless local area networking, near field communication (NFC), or other similar commercially utilized standards.”).
Regarding claim 28, Stolpmann, as modified, further teaches wherein the network is a Bluetooth network (Stolpmann has previously been modified in view of Youngblood to configure the controller to receive a set point temperature from a mobile device over a network; see Youngblood, par. 93, “In a preferred embodiment, the at least one remote device is in wireless network communication with the control unit. The wireless communication is, by way of example and not limitation, radiofrequency, Bluetooth, ZigBee, Wi-Fi, wireless local area networking, near field communication (NFC), or other similar commercially utilized standards.”).
Regarding claim 29, Stolpmann, as modified, further teaches wherein the network is a WiFi Network (Stolpmann has previously been modified in view of Youngblood to configure the controller to receive a set point temperature from a mobile device over a network; see Youngblood, par. 93, “In a preferred embodiment, the at least one remote device is in wireless network communication with the control unit. The wireless communication is, by way of example and not limitation, radiofrequency, Bluetooth, ZigBee, Wi-Fi, wireless local area networking, near field communication (NFC), or other similar commercially utilized standards.”).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stolpmann in view of Schiff and Youngblood, as applied to claims 1-8 and 12-16 above, and further in view of Tsern al. (US 20190335913, “Tsern”).
Regarding claim 17, Stolpmann, as modified, fails to teach wherein the at least one processor is further configured to: cause the thermoelectric engine to adjust the first temperature of the first portion of the liquid in the first zone based on a first wake-up time and adjust the second temperature of the second portion of the liquid in the second zone based on a second wake-up time.
Tsern however teaches an analogous system for regulating a temperature of a bed device (Abstract, “A bed includes components to control temperature of a sleep surface, for example based on time and historical usage patterns by a user.”), comprising: a mattress cover (Fig. 1, sleep surface 113); a thermoelectric engine comprising a first thermoelectric unit (Fig. 1, heating/cooling component 121) a second thermoelectric unit (Fig. 1, heating/cooling component 123); a memory (Par. 101, “setting a value in memory”) coupled to at least one processor (Fig. 1, controller 119 and par. 33, “In some embodiments the controller comprises one or more processors.”), the at least one processor configured to cause the thermoelectric engine to: regulate a first temperature of the first zone of the mattress cover based on a first temperature set point for a first time period (Par. 101, “a controller configured to monitor time of day and to command adjustment of temperature of the sleep surface based on time of day”); and regulate a second temperature of the second zone of the mattress cover based on a second temperature set point for a second time period (Par. 32, “The use of a second heating/cooling component may be desirable, for example, in providing differentiation in temperature between different portions of the sleep surface, for example for different sides of the bed used by different users for sleep in a bed normally used by two people or for different regions of the body for a given sleeper.”); wherein the at least one processor is further configured to: cause the thermoelectric engine to adjust the first temperature of first zone based on a first wake-up time (Fig. 8, steps 823, 825 and par. 82, “In some embodiments the process determines a wake-up sequence should begin if a time of day is a predetermined time before an expected waking time of the user.”; par. 83, “In block 825 the process sets or commands temperature of the sleep surface to another temperature. ”) and adjust the second temperature of the second zone based on a second wake-up time (Fig. 8 and pars. 32, 82-83, par. 32 discloses a second heating/cooling component for controlling the temperature of a second zone of the bed and fig. 8 and pars. 82-83 disclose adjusting temperature in step 825 at a predetermined time prior to a waking time which is determined in step 823).
Therefore, in view of Tsern, it would have been obvious to a POSITA at the time that the invention was filed to configure support structure 14 of Stolpmann as a two-person mattress cover with separate temperature control zones for each person to configure the device to accommodate two people, as taught by Tsern. Further, it would have been obvious to a POSITA at the time that the invention was filed to configure the controller of Stolpmann to initiate warming of each person’s mattress zone at a predetermined time prior to their wake-up time, to facilitate a state of wakefulness at their specified wake-up time, as taught by Tsern.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stolpmann in view of Schiff, Youngblood and Harsy, as applied to claims 9-11 and 18-29 above, and further in view of Tsern al. (US 20190335913, “Tsern”).
***Note that the combination of Stolpmann in view of Tsern has previously been discussed with respect to claim 17, above, and therefore will not be reiterated.
Regarding claim 30, Stolpmann, as modified, further teaches causing the thermoelectric engine to adjust the first temperature of the first portion of the liquid in the first zone based on a first wake-up time (Stolpmann has previously been modified in view of Tsern to configure the controller to implement a warming wake-up sequence starting at a predetermined time prior to a wake-up time; see Tsern, fig. 8, steps 823, 825 and par. 82, “In some embodiments the process determines a wake-up sequence should begin if a time of day is a predetermined time before an expected waking time of the user.”; par. 83, “In block 825 the process sets or commands temperature of the sleep surface to another temperature. ”) and adjust the second temperature of the second portion of the liquid in the second zone based on a second wake-up time (Stolpmann has previously been modified in view of Tsern to configure the support structure of Stolpmann as a two-person mattress cover with separate temperature control zones for each person; see Tsern, fig. 8 and pars. 32, 82-83, par. 32 discloses a second heating/cooling component for controlling the temperature of a second zone of the bed and fig. 8 and pars. 82-83 disclose adjusting temperature in step 825 at a predetermined time prior to a waking time which is determined in step 823).
Conclusion
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ADAM JOSEPH. AVIGAN
Examiner
Art Unit 3739
/ADAM J AVIGAN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
