Ex Parte Creekmuir et al

Patent Trials and Appeals Board

Jun 18, 2019

14661378 - (D) (P.T.A.B. Jun. 18, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/661,378 03/18/2015 William C. Creekmuir
23413 7590 06/20/2019
CANTOR COLBURN LLP
20 Church Street
22nd Floor
Hartford, CT 06103
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
SSB0588US2 1093
EXAMINER
MCCLURE, MORGAN J
ART UNIT PAPER NUMBER
3673
NOTIFICATION DATE DELIVERY MODE
06/20/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
usptopatentmail@cantorcolbum.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte WILLIAM C. CREEKMUIR,
SCOTT H. SMALLING, EDGAR C. GARDNER, and
JEFF WILKINSON
Appeal 2018-003955
Application 14/661,378
Technology Center 3600
Before MICHELLE R. OSINSKI, JEREMY M. PLENZLER, and
JEFFREY A. STEPHENS, Administrative Patent Judges.
STEPHENS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants1 seek our review under 35 U.S.C. § 134(a) from the
Examiner's Final Office Action (dated Mar. 9, 2017) ("Final Act.") rejecting
claims 1-10, which are all the claims pending in the application. We have
jurisdiction under 35 U.S.C. § 6(b ).
1 Appellants are the Applicants, Dreamwell, Ltd. and WCW Incorporated.
Dreamwell, Ltd. is identified in the Appeal Brief as the real party in interest.
Br. 2.
Appeal 2018-003955
Application 14/661,378
We reverse.
Claimed Subject Matter
The claimed subject matter relates to a way to relieve pressure inside a
smart response technology ("SR T") mattress without applying weight to the
mattress. See Spec. ,-J 2. Claims 1 and 9 are independent, and are
reproduced below with selected limitations emphasized to illustrate the
claimed subject matter.
1. A self-adjusting, non-powered smart response technology
mattress comprising:
a body support device comprising:
a plurality of fluid support cells, wherein each fluid
support cell includes an envelope and a reforming element
disposed within the envelope to provide the envelope with
an original form;
a non-powered manifold system including a
manifold conduit interconnecting at least two of the fluid
support cells, and intake and exhaust pressure relief valves
fluidly coupled to the manifold conduit configured to
dynamically open and close at respective pressure ratings
for the intake and exhaust pressure relief valve to self-
adjust pressure in response to a weight load; and
an accelerated calibration system free of a pumping
mechanism comprising a valve fluidly connected to the
manifold conduit and configured to bypass the intake and
exhaust pressure relief valves, wherein the valve of the
accelerated calibration system is configured to selectively
permit fluid flow from the fluid support cells in the
absence of a weight load upon opening of the valve and in
response to a change in barometric pressure that inflates
the original form; and
one or more layers overlaying the body support device and
a side rail assembly circumscribing a perimeter of the body
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Appeal 2018-003955
Application 14/661,378
support device, wherein the smart response technology mattress
is free of a powered pump.
9. A process for releasing excess pressure formed as a result
of barometric pressure changes in a self-adjusting, non-powered
smart response technology (SR T) mattress, the process
compnsmg:
providing the SR T mattress with an accelerated calibration
system free of a pumping mechanism comprising a valve fluidly
connected to a manifold conduit interconnecting a plurality of
fluid support cells, wherein each fluid support cell includes an
envelope and a reforming element disposed within the envelope,
wherein the manifold conduit includes intake and exhaust
pressure relief valves configured to dynamically open and close
in response to a weight load, and wherein the accelerated
calibration system is configured to bypass the intake and exhaust
pressure relief valves; and
opening the valve in fluid communication with an external
environment and the manifold conduit in the absence of an
applied load and in response to a change in barometric pressure
that inflates the envelope.
Rejections
I. Claim 9 stands rejected under 35 U.S.C. § 102(a)(2) as
anticipated by Wilkinson (US 2008/0028534 Al, published Feb. 7, 2008).
Final Act. 6-7.
II. Claims 1-3 and 6-8 stand rejected under 35 U.S.C. § 103 as
unpatentable over Wilkinson and Cook (US 2003/0192127 Al, published
Oct. 16, 2003). Final Act. 7-9.
III. Claim 4 stands rejected under 35 U.S.C. § 103 as unpatentable
over Wilkinson, Cook, and Swain (US 2,489,596, issued Nov. 29, 1949).
Final Act. 9.
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Appeal 2018-003955
Application 14/661,378
IV. Claim 5 stands rejected under 35 U.S.C. § 103 as unpatentable
over Wilkinson, Cook, and Dimitry (US 6,263,533 Bl, issued July 24,
2001 ). Final Act. 10.
V. Claim 10 stands rejected under 35 U.S.C. § 103 as unpatentable
over Wilkinson and Swain. Final Act. 10.
DISCUSSION
Rejection I - 35 U.S. C. § 102(a)(2)
Claim 9
The Examiner finds Wilkinson discloses all elements of claim 9,
including providing the SR T mattress with an accelerated calibration system
comprising a valve fluidly connected to a manifold conduit (Wilkinson's
exhaust conduit 60) interconnecting a plurality of fluid support cells,
wherein the manifold conduit includes intake and exhaust pressure relief
valves (intake valves 40A-H, exhaust valves 42A-H), and "wherein the
accelerated calibration system is configured to bypass the intake and exhaust
pressure relief valves." Final Act. 6 ( citing Wilkinson ,-J 56, Fig. 2). The
Examiner finds Wilkinson's "[p]aragraph 56 discusses a controllable
pressure relief valve which is connected to the exhaust conduit and includes
a rotatable dial for the user to control the maximum pressure in each cell."
Id. The Examiner explains:
This would mean that if a user did not want the cell to be
overinflated, regardless of if a patient was on the bed or not, they
would set the pressure valve at the maximum level to constitute
a non-overinflated state, and the pressure release valve would
ensure that regardless of the intake and exhaust valves, the
envelope would not overinflate past the point of the user set
pressure.
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Appeal 2018-003955
Application 14/661,378
Id.
Appellants argue, among other things, that Wilkinson does not
disclose "the featured accelerated calibration system configured to bypass
both the intake and exhaust pressure relief valves so as to provide rapid
pressure relief." Br. 7. Appellants contend Wilkinson's rotary dial "is
configured to adjust the pressure relief setting on which air is exhausted
through the exhaust valve," and thus "is a part of and defines the exhaust
valve" rather than bypassing the exhaust valve. Id.
We agree with Appellants. In accordance with the language of claim
9 and the understanding of one of skill in the art, the valve of the accelerated
calibration system must be fluidly connected to the manifold conduit
independent of the exhaust valve in order to "bypass" the exhaust valve as
required by the claim. The manifold conduit, in tum, interconnects a
plurality of fluid support cells and includes intake and exhaust valves. As
Wilkinson's paragraph 56 teaches, the controllable pressure relief valve 62
( considered by the Examiner to be the claimed valve of the accelerated
calibration system) "is included in the exhaust control system 46 and is
attached to an end 64 of the exhaust conduit 60." This is evidenced also in
Wilkinson's Figure 2, which shows the pressure relief valves 88, 90, 92 are
connected to the rest of the mattress system only through exhaust valves
42A-H, rather than bypassing them. Although the Examiner considers
Wilkinson's exhaust conduit 60 to be the claimed manifold conduit, exhaust
conduit 60 does not include intake and exhaust valves. 2
2 Although the Board is authorized to enter a new ground of rejection under
37 C.F.R. § 41.50(b), no inference should be drawn when the Board elects
not to do so. See Manual of Patent Examining Procedure (MPEP)
§ 1213.02.
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Appeal 2018-003955
Application 14/661,378
In the Answer, the Examiner responds that "in a situation in which the
pressure relief valve 62 of Wilkinson was closed, and the exhaust valve was
opened, there is no change in pressure and the pressure relief valve would be
bypassing the exhaust valve." Ans. 3. Although the pressure relief valve
may prevent the exhaust valve (which is simply a check valve, see
Wilkinson ,-J 53) from exhausting air in that limited circumstance, it is not
fluidly connected independent of the exhaust valve to a conduit that
interconnects the fluid support cells and includes intake and exhaust valves.
In view of the foregoing, we do not sustain the rejection of claim 9 as
anticipated by Wilkinson.
Rejections 11-V
We agree with the Examiner that Appellants misidentify the
remaining rejections presented in the Final Office Action, and appear to be
arguing rejections that were withdrawn. Ans. 3; compare Final Act. 7-10,
with Br. 8-16. Nonetheless, consistent with Appellants' arguments,
Rejections II-V suffer from the same deficiency as the rejection of claim 9
discussed supra because none of the additional references applied in the
Final Office Action are relied on to teach an accelerated calibration system
with a valve configured to bypass the intake and exhaust valves, as required
by independent claims 1 and 9. Accordingly, we do not sustain the
Examiner's rejections of claims 1-8 and 10 under 35 U.S.C. § 103, as set
forth in Rejections II-V.
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Appeal 2018-003955
Application 14/661,378
DECISION
We reverse the Examiner's decision to reject claims 1-10.
REVERSED
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