DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in Application 16/432,544 after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/25/2026 has been entered.
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 .
Examiner Notes
As also noted in Restriction dated 07/30/2021, upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141. In the event of rejoinder, the requirement for restriction between the species will be withdrawn, and the rejoined species claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, any rejoined species claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. See MPEP § 800.
Claim Amendment Compliancy under MPEP 714 and 37 CFR 1.121
It is unclear as to what claim set was used to amend claims dated 02/35/2026. Please note claims need to be amended with respect to claims that were most recently formally entered and examined (Also see MPEP 714 and 37 CFR 1.121). In this case, claims dated 10/21/2025 were formally examined on the merits in Office Action dated 12/30/2025. It is unclear as to what claim set was used to amend claims dated 02/35/2026 as the following limitation “changing a present operating parameter of at least one of the user device and an attached device” which was present in claim 1 lines 25-26, claim 23 lines 38-39 and claim 25 lines 24-25 of claims dated 10/21/2025 is unaccounted for in claims currently submitted for examination dated 02/25/2026.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-2,4-13,23 and 25 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 12 recites “the attached device”. There is insufficient antecedent basis for this term in the claim.
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process."). Consequently, claim 1 lines 11-16, claim 11 lines 10-14, claim 23 lines 21-24, claim 25 lines 9-14 limitation when broadly yet reasonably interpreted would NOT encompass (excludes) the light exposure/avoidance activity type. If each respective claim is interpreted as reciting --the activities comprising at least one activity having a chronobiotic activity type--, then the limitation as now explicitly, positively and specifically recited “for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity” renders each of these claims unclear i.e. the nexus between “automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity” with selected activity type of a chronobiotic activity is unclear.
Each of claim 1, 23 and 25 recite “automatically altering filtering of intensity and spectrum of light transmitted through a window-related device” which render each of these claims unclear. More specifically, it is unclear as to what is meant by “automatically altering filtering of intensity and spectrum of light transmitted through a window-related device” in the context used i.e. are the actual blinds being adjusted so less light enters the window-related device, or are just the values being adjusting to lessen amount of light or just the brightness/contrast/etc. of the device such a smartphone on which the app is executed on is adjusted.
Claim 1 in line 23 recites “selected activity” which in light of claim 1 line 9-10 “an activity type selected from a group of activity types” renders this claim unclear. More specifically, in claim 1 lines 9-10 the selection is with respect to activity type, while clam 1 line 23 recites selected activity which is recites a scheduled activity and not selected activity in the claim. It is unclear as to whether scheduled activity (claim 1 lines 7-8 “one or more instances of activities scheduled to be performed at a certain date and time”) is the same as selected activity in claim 1 lines 23-34. Similar issue is noted with: claim 23 line 32 “selected activity” in light of claim 23 lines 19 “at least one activity having a type selected from a group of activity types”; claim 25 line 21 “selected activity” in light of claim 25 lines 7-8 “at least one activity having an activity type selected from a group of activity types”
Dependent claims 2, 4-13 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 2, 4-13 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
STEP 1 of the Patent Subject Matter Eligibility (see MPEP 2106.03):
The claimed invention in claims 1-2, 4-13, 23 and 25 are directed to statutory subject matter as the claims fall within at least one of the four categories of patent eligible subject matter as the claim recites a series of steps and, therefore, is a process.
Claim Interpretations: The limitation in independent claims “at least one of” is being broadly yet reasonably interpreted as requiring only one of the elements in the enumerated list but not both. For example, in independent claim 1, the limitation “providing an indication on the user device to perform the activity, the indication comprising at least one of: a notification displayed by the GUI of the user device; and an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device” is being broadly yet reasonably interpreted as requiring [a] “notification displayed by the GUI of the user device” OR [b] “an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device” but not both. Similarly, for claim 23 and claim 25.
Claim 1, 23 and 25 “window-related device” is being interpreted in light of instant application specification as-filed [0083] as encompassing screens of computer devices ([0083] “The circadian shifting protocol may 'run' the screen brightness and spectrum (e.g. reduce or increase the proportion of short wavelength blue light emitted by the screen) of any electronic device, including a computer, phone, or in-flight entertainment system on an airplane or in any other setting by altering the display characteristics of displays, altering the light emission characteristics of lighting devices. …Reminders and notifications could also be presented on the screens for what to do and when based on the circadian shift protocol, taking the form of causing the display of information on a display”). Examiner notes that with this interpretation, the "automatically altering filtering of intensity and spectrum of light transmitted through a window-related device" is nothing more than a display on a computer screen i.e. changing the brightness, contrast or other lighting parameters is the same as displaying color on a screen in that they are all displays. The computer (example smartphone) displays information based on values (1s and 0s). Different values may cause different settings/adjustments/etc., but they are all still displays.
STEP 2: Claims 1-2, 4-13, 23 and 25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In accordance with MPEP 2106.04, each of Claims 1, 2, 4- 13, 23 and 25 has been analyzed to determine whether it is directed to any judicial exceptions.
STEP 2A, PRONG 1 per MPEP 2106.04(a)
Each of Claims 1, 2, 4-13, 23 and 25 recites at least one step or instruction for collecting data, processing data and displaying data, which involves observations, evaluations or judgements and grouped as a mental process in MPEP 2106.04(a)(2)(III) or involve managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II).
Accordingly, each of Claims 1, 2, 4-13, 23 and 25 recites an abstract idea.
Specifically, independent Claim 1 recites a method of determining and presenting a protocol for adjusting a circadian rhythm of a user comprising:
receiving an indication of an intended circadian shift comprising a shift magnitude from a graphical user interface (GUI) on a user device (observation or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
receiving an indication of a user circadian phase (observation or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
defining a user circadian shift protocol responsive to the shift magnitude, and the indication of the user circadian phase, the user circadian shift protocol comprising one or more instances of activities scheduled to be performed at a certain date and time, the activities comprising at least one activity having an activity type selected from a group of activity types comprising: a light exposure activity type, a light avoidance activity type, a chronobiotic activity type, a nutritional consumption activity type, a physical activity type, and a rest activity type (judgement or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II));
for each activity, performing an action responsive to the activity comprising providing an indication on the user device to perform the activity, the indication comprising at least one of: a notification displayed by the GUI of the user device; and an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device (evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));and
for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity (a human could manually perform these steps if directed by a display on their phone (e.g., phone displays "raise screen" and then user raises the screen) and thus this limitations would qualify as managing personal behavior or interactions between people namely teaching, and following rules or instructions, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II)).
Additionally, independent Claim 23 recites a method of determining and presenting a protocol for adjusting a circadian rhythm of a user comprising:
receiving an indication of an intended circadian shift comprising a shift magnitude from a graphical user interface (GUI) on a user device (observation or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
receiving an indication of a present circadian phase (observation or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
receiving an indication of a present location of the user (observation or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
determining a preferred circadian phase responsive to the present location of the user (judgement or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II)); and
determining whether the present circadian phase of the user is mismatched with the preferred circadian phase (judgement or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II));
determining whether an advancing circadian shift protocol that advances a circadian rhythm of the user or a delaying circadian shift protocol that delays the circadian rhythm of the user is preferable (judgement or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II)),
defining a preferred shifting direction (judgement or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II));
defining a user circadian shift protocol responsive to the shift magnitude, the circadian phase, the preferred shifting direction, and based on the present circadian phase of the user being mismatched with the preferred circadian phase status, the user circadian shift protocol comprising one or more activities scheduled to be performed at a certain date and time, the activities comprising a first rest activity, a second rest activity, and at least one activity having a type selected from a group of activity types comprising: a light exposure or light avoidance activity type, a chronobiotic activity type, a nutritional consumption activity type, and a physical activity type (judgement or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II)); and
for each activity, performing an action responsive to the activity comprising at least one of: providing an indication on the user device to perform each activity of the user circadian shift protocol, the indication comprising at least one of: a notification displayed by the GUI of the user device; and an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device (evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III)); and
for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity; wherein a length of time between the first resting activity and the second resting activity does not exceed a maximum resting gap (a human could manually perform these steps if directed by a display on their phone (e.g., phone displays "raise screen" and then user raises the screen) and thus this limitations would qualify as managing personal behavior or interactions between people namely teaching, and following rules or instructions, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II)).
Further, independent Claim 25 recites a method of determining and presenting a protocol for adjusting a circadian rhythm of a user comprising:
receiving an indication of an intended circadian shift comprising a shift magnitude from a graphical user interface (GUI) on a user device (observation or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
defining a user circadian shift protocol responsive to the shift magnitude, the user circadian shift protocol comprising one or more activities scheduled to be performed at a certain date and time, the activities comprising at least one activity having an activity type selected from a group of activity types comprising: a light exposure activity type, a light avoidance activity type, a chronobiotic activity type, a nutritional consumption activity type, a physical activity type, and a rest activity type (judgement or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II)); and
for each activity of the user circadian shift protocol, performing an action responsive to the activity comprising providing an indication on the user device to perform each activity, the indication comprising at least one of: a notification displayed by the GUI of the user device; and an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device (evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity (a human could manually perform these steps if directed by a display on their phone (e.g., phone displays "raise screen" and then user raises the screen) and thus this limitations would qualify as managing personal behavior or interactions between people namely teaching, and following rules or instructions, which is grouped as a certain method of organizing human activity in MPEP 2106.04(a)(2)(II)).
Furthermore, dependent Claims 2 and 4-13 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the claimed functions/steps are performed.
Accordingly, as indicated above, each of the above-identified claims recites an abstract idea as in MPEP 2106.04(a).
STEP 2A, PRONG 2 per MPEP 2106.04(d)
The above-identified abstract idea in each of independent Claims 1, 23 and 25 (and their respective dependent Claims 2 and 4-13) is not integrated into a practical application under MPEP 2106.04(d) because as identified above, there are no additional elements recited in independent Claims 1, 23 and 25.
Even if the user device and/or the window-related device were considered to be an additional element, the claimed user device and/or window-related device generally links the use of the above-identified abstract idea to a particular technological environment or field of use according to MPEP 2106.05(h). That is, the user device and/or window-related device is a generically recited computer element in independent Claims 1, 23 and 25 (and their respective dependent claims) which does not improve the functioning of a computer, or any other technology or technical field according to MPEP 2106.04(d)(1) and 2106.05(a). Nor does the user device and/or window-related device serve to apply the above-identified abstract idea with, or by use of, a particular machine according to MPEP 2106.05(b), effect a transformation according to MPEP 2106.05(c), provide a particular treatment or prophylaxis according to MPEP 2106.04(d)(2) or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception according to MPEP 2106.04(d)(2) and 2106.05(e). Furthermore, the user device and/or window-related device does not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer in accordance with MPEP 2106.05(f). For at least these reasons, the abstract idea identified above in independent Claims 1, 23 and 25 (and their respective dependent claims) is not integrated into a practical application in accordance with MPEP 2106.04(d).
Moreover, the above-identified abstract idea is not integrated into a practical application in accordance with MPEP 2106.04(d) because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process and certain method of organizing human activity) using rules (e.g., computer instructions) executed by a computer (e.g., as described in at least [0041], [0081-0082] of the originally filed specification, wherein [0041] “[t]he method may be implemented on a device comprising a display, a processor operably coupled to the display and operable to control both the display content and the brightness of the display, a memory, and, in some embodiments, a network communication device, the network communication device being operable to communicated using at least one communication protocol, including, but not limited to, wireless communication protocols such as 802.XX protocols, such as Wi-Fi, Bluetooth, Zigbee, Z-Wave, and the like.”; [0081] “method may be implemented on a user device 4210, which may be a smart phone…method may be implemented on a server 4220 which may be positioned in communication with the user device 4210”; [0082] “at least one of the user device 4210 and the server 4220 may be positioned in communication with one or more attached devices, including, but not limited to, a third-party server 4230 that may be further attached to one or more smart devices”). In other words, these claims are merely directed to an abstract idea with one or more additional generic computer elements (e.g., the claimed “user device” “another device”; [0083] “The circadian shifting protocol may 'run' the screen brightness and spectrum (e.g. reduce or increase the proportion of short wavelength blue light emitted by the screen) of any electronic device, including a computer, phone, or in-flight entertainment system on an airplane or in any other setting by altering the display characteristics of displays, altering the light emission characteristics of lighting devices. …Reminders and notifications could also be presented on the screens for what to do and when based on the circadian shift protocol, taking the form of causing the display of information on a display”) which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer according to MPEP 2106.05(f). Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims according to MPEP 2106.05(a). That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claims 1, 23 and 25 (and their respective dependent claims) is not integrated into a practical application under MPEP 2106.04(d)(I).
Accordingly, independent Claims 1, 23 and 25 (and their respective dependent claims) are each directed to an abstract idea according to MPEP 2106.04(d).
STEP 2B per MPEP 2106.05
None of Claims 1, 2, 4-13, 23 and 25 include additional elements that are sufficient to amount to significantly more than the abstract idea in accordance with MPEP 2106.05 for at least the following reasons.
As described above, these claims require no additional elements.
To the extent that the user device and/or the window-related device is considered to be an additional element, the claimed user device is a generically claimed computer component which enables the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, MPEP 2106.05(d)(II) along with Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Per the originally filed specification, [t]he method may be implemented on a device comprising a display, a processor operably coupled to the display and operable to control both the display content and the brightness of the display, a memory, and, in some embodiments, a network communication device, the network communication device being operable to communicated using at least one communication protocol, including, but not limited to, wireless communication protocols such as 802.XX protocols, such as Wi-Fi, Bluetooth, Zigbee, Z-Wave, and the like (see instant application specification [0041], [0081-0083]). In some embodiments, the device may be a smartphone, comprising a touchscreen display, however it is contemplated and included within the scope of the invention that the method may be performed by any computerized device as described above and operable to receive user input, including input performed using a mouse, a keyboard, a touchscreen, a sensor, and any other user input device as is known in the art (see instant application specification [0041]). Also see [0083] which states that the window-related device could be a computer/phone screen/display ([0083]“The circadian shifting protocol may 'run' the screen brightness and spectrum (e.g. reduce or increase the proportion of short wavelength blue light emitted by the screen) of any electronic device, including a computer, phone, or in-flight entertainment system on an airplane or in any other setting by altering the display characteristics of displays, altering the light emission characteristics of lighting devices. …Reminders and notifications could also be presented on the screens for what to do and when based on the circadian shift protocol, taking the form of causing the display of information on a display”)
Accordingly, in light of Applicant’s specification, the claimed term “user device” and/or window-related device is reasonably construed as a generic computing device. Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available computers, with their already available basic functions, to use as tools in executing the claimed process. See MPEP 2106.05(f).
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for the user device. This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts. By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see MPEP 2106.05(d)(I)(2) and 2106.07(a)(III)). Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications along with MPEP 2106.05(d)(I)).
The recitation of the user device and/or window-related device in Claims 1, 2, 4-13, 23 and 25 amounts to mere instructions to implement the abstract idea on a computer. Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See MPEP 2106.05(f) along with Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. See MPEP 2106.05(a) along with McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, per MPEP 2106.05(a), the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
The claimed user device and/or window-related device amount to simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception as also evidenced in US 20150148871 A1 to Maxik et al. and/or US 20200205580 A1 to Sayadi et al. see figure 3 of Sayadi (also cross reference MPEP 2106.05(d)).
For at least the above reasons, the methods of Claims 1, 2, 4-13, 23 and 25 are directed to applying an abstract idea as identified above on a general purpose computer without (i) improving the performance of the computer itself or providing a technical solution to a problem in a technical field according to MPEP 2106.05(a), or (ii) providing meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e).
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the above-identified additional elements in independent Claims 1, 23 and 25 (and their dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment according to MPEP 2106.05(h). When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment according to MPEP 2106.05(h). When viewed as whole, the above-identified additional elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e). Moreover, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity according to MPEP 2106.05(g). As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application as required by MPEP 2106.05.
Therefore, for at least the above reasons, none of the Claims 1, 2, 4-13, 23 and 25 amounts to significantly more than the abstract idea itself. Accordingly, Claims 1, 2, 4- 13, 23 and 25 are not patent eligible and rejected under 35 U.S.C. 101.
Examiner suggests Applicant further include the corresponding relevant specific structures that perform the recited functions such as server, processor and or structures as in instant application specification as-filed para. [0083-0084] ([0083] … the circadian shifting protocol …'run' the auxiliary/overhead/seat/ambient lighting or even the window screens (either automatically pulling them up or down or filtering the intensity and spectrum of light that is transmitted) or window glass 28(automatically altering the filtering the intensity and spectrum of light that is transmitted)”; [0084] “Additionally, the circadian shifting protocol could 'run' the brightness and spectrum (e.g. reduce or increase the proportion of short wavelength blue light emitted by the screen) of hotel room lighting or even the window screens (either automatically pulling them up or down or filtering the intensity and spectrum of light that is transmitted) or window glass (automatically altering the filtering the intensity and spectrum of light that is transmitted” i.e. limit window-related device to more that mere display for example window screen or window glass) to list a few that are supported by the instant applications specification as-filed and consider including treatment/therapeutic features.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification para. [0050], [0056], [0083-0084], [0086], [0089-0090].
The limitation in independent claims “at least one of” is being broadly yet reasonably interpreted as requiring only one of the elements in the enumerated list but not both. The term “window-related device” in light of instant specification as-filed [0083 ] is being interpreted as encompassing window screens, window glass and screens of computer devices.
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 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.
Claims 1, 2, 4-10, 12-13 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Maxik; Fredric S. et al. (Pub. No.: US 20150148871 A1, hereinafter referred to as “Maxik”) as evidenced by Till et al. (Pub: Till Roenneberg, Martha Merrow, The Circadian Clock and Human Health,Current Biology, Volume 26, Issue 10, 2016, Pages R432-R443, ISSN 0960-9822, hereinafter referred to as “Till”) and further in view of Palashewski et al. (Pub. No.: US 20160100696 A1, hereinafter referred to as “Palashewski”).
As per independent Claim 1, Maxik discloses a method of determining and presenting a protocol for adjusting a circadian rhythm of a user (Maxik in at least abstract, fig. 1-6, 8-9, [0005-0010], [0023-0049], [0053-0056], [0060], [0062], [0064], [0067-0080] for example discloses relevant subject-matter. Maxik in at least fig. 1-3, 9, [0005] for example discloses a method of determining and presenting a protocol/preconditioning schedule for adjusting a user’s circadian rhythm. See at least Maxik [0005] “a method of dynamically adjusting a circadian rhythm comprising the steps of determining a current circadian rhythm status of a circadian rhythm of an observer… determining a preconditioning schedule responsive to the identified future event …and operating the light source to emit light of the preconditioning schedule”) comprising: receiving an indication of an intended circadian shift comprising a shift magnitude from a graphical user interface (GUI) on a user device (Maxik at least fig. 1-3, [0005], [0007], [0027-0029], [0033-0034], [0043], [0054] for example discloses receiving an indication of an intended circadian shift comprising a shift magnitude from a graphical user interface (GUI) on a user device/smartphone. See at least Maxik [0007] “the step of determining the preconditioning schedule may comprise the steps of identifying the type of circadian shift needed for the future event, determining the magnitude of the circadian shift”; [0027] “the system may determine the current circadian rhythm of an observer of a lighting device… at what time the observer wakes up and what time the observer goes to sleep” [0043]” the system may determine the magnitude of the circadian shift needed to precondition for the future event. The magnitude may be understood to me the time difference between the current state of the observer's circadian rhythm and the future state upon performance of the preconditioning”; [0033] “an application for a smartphone, as is known in the art, may provide the … communications on a smartphone of the observer”; [0034] “the system includes a smartphone or other similar device”; [0054] “the user device 400 may be a computerized device having a display 440”);
receiving an indication of a user circadian phase (Maxik at least fig. 1-3, [0005], [0027] for example discloses receiving an indication of a user circadian phase. See at least Maxik [0027] “the system may determine the current circadian rhythm of an observer of a lighting device…The determination of the current circadian rhythm may include at least determining an approximate waking time and an approximate sleeping time of the observer…the determination of the current circadian rhythm may include at least determining at what time the observer wakes up and what time the observer goes to sleep”);
defining a user circadian shift protocol responsive to the shift magnitude, and the indication of the user circadian phase (Maxik at least fig. 1-3, [0005], [0042-0045] for example discloses defining a user circadian shift protocol that is responsive to the shift magnitude and the indication of the user circadian phase. See Maxik at least [0042] “the step of determining the preconditioning schedule may comprise the steps illustrated in method 300 depicted in FIG. 3. Beginning at Block 301, the system may analyze the future event to precondition for to identify what type of circadian shift at Block 302, i.e. whether the circadian rhythm of the observer must be advanced or delayed.”; [0043]” the system may determine the magnitude of the circadian shift needed to precondition for the future event. The magnitude may be understood to me the time difference between the current state of the observer's circadian rhythm and the future state upon performance of the preconditioning”; [0044]” the system may determine the timeframe within which the preconditioning is to be accomplished”),
the user circadian shift protocol comprising one or more instances of activities scheduled to be performed at a certain date and time (Maxik at least fig. 1-3, [0005], [0030], [0032-0033] for example discloses the user circadian shift protocol comprising one or more instances of activities scheduled to be performed at a certain date and time. See at least Maxik [0030] “the system may determine a day-by-day schedule of lighting configurations that are configured to shift the circadian rhythm of the observer”; [0032] “Depending upon the requirements of the preconditioning schedule, the system may begin increasing or reducing the intensity of light within certain wavelength ranges”; [0033] “in some embodiments, the step of performing the preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from …For example, the preconditioning may include recommended times at which to wake up, go to sleep, eat meals, exercise, and the like. Moreover, the preconditioning may include suggesting the observer consume or avoid certain foods and drinks, such as avoiding caffeine or other substances that may affect sleep quality” ),
the activities comprising at least one activity having an activity type selected from a group of activity types comprising: a light exposure activity type; a light avoidance activity type; a chronobiotic activity type, a nutritional consumption activity type, a physical activity type, and a rest activity type (Examiner notes that a circadian rhythm shifting/adjustment necessarily involves cycles/regimen of light exposure and light avoidance or light-dark cycles as also evidenced in Till (see at least Box 1, introduction, fig. 1A-D).Further, here, the limitation “the activities comprising at least one activity having an activity type selected from a group of activity types comprising: a light exposure activity type; … a rest activity type” is being broadly yet reasonably interpreted as requiring one among the enumerated. Consequently, Maxik at least fig. 1-3, [0005], [0030], [0032-0033] for example discloses activities comprising at least one activity having an activity type selected from a group of activity types comprising: a light exposure activity type; a light avoidance activity type; a chronobiotic activity type, a nutritional consumption activity type, a physical activity type, and a rest activity type. see at least Maxik [0030] “the … preconditioning schedule may be configured to shift the circadian rhythm of the observer incrementally between the present time and time associated with the future event… the system may determine a day-by-day schedule of lighting configurations that are configured to shift the circadian rhythm of the observer”; [0033] “in some embodiments, the step of performing the preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from …For example, the preconditioning may include recommended times at which to wake up, go to sleep, eat meals, exercise, and the like. Moreover, the preconditioning may include suggesting the observer consume or avoid certain foods and drinks, such as avoiding caffeine or other substances that may affect sleep quality”);
for each activity, performing an action responsive to the activity comprising providing an indication on the user device to perform the activity, the indication comprising at least one of: a notification displayed by the GUI of the user device; and an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device (Here, the limitation following “at least one of” is being broadly yet reasonably interpreted as requiring [a] “notification displayed by the GUI of the user device” or [b] “an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device” but not both. Maxik at least fig. 1-3, [0005], [0032-0033] for example discloses for each activity, performing an action responsive to the activity comprising providing an indication on the user device/smartphone to perform the activity, the indication comprising a notification such as text message, e-mail, and the like displayed by the GUI of the user device. See at least [0033] “the step of performing the preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from so as to enhance the effectiveness of the preconditioning… the communication to the observer may take the form of entering new events onto the calendar associated with the observer, sending a message to the observer by any method known in the art, including text message, e-mail, and the like, to any phone number or e-mail address associated with the observer…an application for a smartphone, as is known in the art, may provide the above-described communications on a smartphone of the observer.”).
Maxik does not necessarily require for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity feature in the applied embodiment.
However, Maxik discloses alternate embodiments that disclose for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering intensity and spectrum of light to at least partially effectuate the selected activity (Maxik in at least fig. 4, [0048-0055] discloses for a selected activity from the one or more activities comprised by the user circadian shift protocol such as light exposure/avoidance, automatically altering intensity and spectrum of light to at least partially effectuate the selected activity such as adjusting the SPD of light emitted thereby so as to affect a biological response in the observer and/or updating the calendar 414 by accessing the remotely stored calendar, identifying differences between the remotely stored calendar and the calendar 414 stored on the memory 412, and updating the calendar 414 responsive to the identified differences. See at least Maxik [0048] “user device 400 may be any device capable of emitting light that is observable by an observer. Moreover, the user device 400 may be any device that is capable of adjusting the SPD of light emitted thereby so as to affect a biological response in the observer. More information regarding affecting a biological response in an observer… user device 400 may be any device that is capable of accessing a calendar associated with the observer, identifying an event to adjust light emitted thereby response to, and determining a preconditioning schedule to emit light to affect a shift in the circadian rhythm of the observer… user device 400 may include control circuitry 410”; [0049] “control circuitry 410 may be configured to perform the operations”; [0050] “the user device 400 may include a light source 420”; [0051] “light source 420 may be operable to emit light so as to affect a biological change in an observer… the light source 420 may be operable to affect a circadian shift in an observer… light source 420 may be operable to emit light so as to avoid affecting a biological change in an observer”; [0052] “control circuitry 410 may be configured to control the SPD of light emitted by the light source 420 so as to shift a circadian rhythm of the observer so as to align the observer's circadian rhythm with a future event.”; [0053] “user device 400 may include a network communication device 430. The network communication device 430 may be configured to position the user device 400 in communication with a network… control circuitry 410 may be configured to update the calendar 414 by accessing the remotely stored calendar, identifying differences between the remotely stored calendar and the calendar 414 stored on the memory 412, and updating the calendar 414 responsive to the identified differences”. Also Maxik discloses another embodiment in fig. 5, [0056], [0058-00061], [0064] for example wherein Maxik discloses for at least one activity comprised by the user circadian shift protocol such as light exposure/avoidance, changing a present operating parameter of at least one of the user device which is disclosed as a smart phone and an attached device/light source 510 to at least partially effectuate the at least one activity such as emitting light having a varying SPD See at least Maxik [0056] “lighting system 500 may include a lighting device 510… configured to emit light in varying configurations… control circuitry 512 may be positioned in electrical communication with the electric port 519 and may further be configured to condition electrical power received from the electric port 519 for use by the various electrical components of the lighting device 510, including the light source 514 and the communication device 516.”;[0058] “lighting device 510 may be configured to emit light that is viewable by an observer”;[0064] “the user device 610 is a mobile phone, specifically, a smart phone. Any type of device that generates light is contemplated and included within the scope of the invention, including other computerized devices, such as personal computers, as well as devices intended for providing illumination, such as light bulbs, lamps, lanterns, light fixtures, and the like.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of determining and presenting a protocol for adjusting a circadian rhythm of a use as taught by Maxik, by further including the step wherein for at least one activity comprised by the user circadian shift protocol, changing a present operating parameter of at least one of the user device and an attached device to at least partially effectuate the at least one activity, as also taught by Maxik. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of affecting a biological response/change in the observer such as a shift in the circadian rhythm of the observer (Maxik, [0048], [0051-0052]).
The combination of Maxik as evidenced by Till as a whole does not explicitly disclose automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity.
However, in an analogous automated control of user devices to facilitate use sleep related activity field of endeavor Palashewski discloses automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity (Palashewski in at least fig. 3, [0011], [0059], [0088], [0095] for example discloses automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity. See at least Palashewski [0062] “the control circuitry 334 … can generate control signals for controlling actions of other devices, and transmit the control signals to the other devices in response to information collected by the control circuitry 334, including … sleep state of the user 308, and other factors“; [0088] “Control circuitry 334 can also communicate with a system or device for controlling a state of the window blinds 330. For example, … the control circuitry 334 can generate and transmit control signals to cause the window blinds 330 to close. As another example, in response to determining that the user 308 is up for the day … the control circuitry 334 can generate and transmit control signals to cause the window blinds 330 to open. ….As yet another example, the control circuitry 334 can generate and transmit control signals that cause a first set of blinds to close in response to detecting user bed presence of the user 308 and a second set of blinds to close in response to detecting that the user 308 is asleep.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of determining and presenting a protocol for adjusting a circadian rhythm of a use as taught by Maxik, by further including the step automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity, as taught by Palashewski. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of controlling actions of other devices, and transmit the control signals to the other devices in response to information collected by the control circuitry including sleep state of the user and other factors (Palashewski, [0062], [0088]).
As per dependent Claim 2, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method further comprising receiving a sleep pattern for the user (Maxik in at least fig. 1-3, 9, [0005], [0008], [0027], [0042-0043][0073] for example discloses receiving a user’s sleep pattern. See at least Maxik [0027] “determine the current circadian rhythm of an observer of a lighting device…The determination of the current circadian rhythm may include at least determining an approximate waking time and an approximate sleeping time of the observer”; [0073] “monitoring the quality of sleep”), wherein the user circadian shift protocol is defined responsive to the sleep pattern(Maxik in at least fig. 1-3, [0030], [0042-0043] for example discloses the user circadian shift protocol is defined responsive to the sleep pattern. See at least Maxik [0030] “system may determine a preconditioning schedule. The preconditioning schedule may be configured to shift the circadian rhythm of the observer incrementally between the present time and time associated with the future event”; [0042] “identify what type of circadian shift at Block 302, i.e. whether the circadian rhythm of the observer must be advanced or delayed”; [0043] “the system may determine the magnitude of the circadian shift needed to precondition for the future event. The magnitude may be understood to me the time difference between the current state of the observer's circadian rhythm and the future state upon performance of the preconditioning”).
As per dependent Claim 4, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method further comprising: receiving an indication of non-performance of an activity, defining a non-performed activity(Maxik in at least [0008-0009], fig. 9, [0074], [0076], [0033] for example discloses receiving an indication of non-performance of an activity, defining a non-performed activity. Here, non-performed activity as claimed is represented by “activity” in Maxik that is untimely and that do not enhance the effectiveness of the preconditioning or sleep quality. See at least Maxik [0033] “the step of performing the preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from so as to enhance the effectiveness of the preconditioning. For example, the preconditioning may include recommended times at which to wake up, go to sleep, eat meals, exercise, and the like. Moreover, the preconditioning may include suggesting the observer consume or avoid certain foods and drinks, such as avoiding caffeine or other substances that may affect sleep quality.”; [0074] “If the observer is determined not to be asleep at Block 902, then at Block 903 the system may determine if the time of day indicates it is appropriate for the observer to be awake… If it is determined it is not appropriate for the observer to be awake, the method 900 may return to Block 902”; [0076] “wherein the system determines whether a change to the sleeping environment is recommended responsive to the indication of low quality sleep received”); and
adjusting the user circadian shift protocol responsive to the non-performed activity(Maxik in at least [0008-0009], fig. 9, [0074], [0076-0078], [0033] for example discloses adjusting the user circadian shift protocol responsive to the non-performed activity. Here, “adjusting the user circadian shift protocol” as claimed is represented by Maxik “change the sleeping environment via the environmental control device” or “communication with the observer regarding certain activities he or she may engage in or abstain from so as to enhance the effectiveness of the preconditioning”. See at least Maxik [0033] “the step of performing the preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from so as to enhance the effectiveness of the preconditioning…the communication to the observer may take the form of entering new events onto the calendar associated with the observer, sending a message to the observer by any method known in the art”; [0078] “the determination is made at Block 907 to change the sleeping environment, the system may operate the environmental control device”).
As per dependent Claim 5, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method further comprising: identifying a first resting activity comprised by the user circadian shift protocol and a second resting activity comprised by the user circadian shift protocol, where no other resting activities comprised by the user circadian shift protocols are scheduled between the first resting activity and the second resting activity(Maxik in at least fig. 3, [0007], [0043-0047] for example discloses system calculate the magnitude by which the circadian rhythm must be shifted per-day to precondition in time for the event i.e. how many hours/minutes must the circadian rhythm be advanced/delayed per-day which encompasses identifying time gap between succeeding resting activities and determination of the magnitude of the shift per-day which reads on the limitation identifying a first resting activity comprised by the user circadian shift protocol and a second resting activity comprised by the user circadian shift protocol, where no other resting activities comprised by the user circadian shift protocols are scheduled between the first resting activity and the second resting activity);
determining a length of time between the first resting activity and the second resting activity, defining a resting gap(Maxik in at least fig. 3, [0007], [0043-0047] for example determining a length of time between the first resting activity and the second resting activity, defining a resting gap which is represented in Maxik by “magnitude of the shift per-day”. See Maxik at least [0045] “the system may calculate the magnitude by which the circadian rhythm must be shifted per-day to precondition in time for the event, i.e. how many hours/minutes must the circadian rhythm be advanced/delayed per-day”);
determining whether the resting gap exceeds a maximum resting gap threshold(Maxik in at least fig. 3, [0007], [0043-0047] for example discloses determining whether the resting gap exceeds a maximum resting gap threshold represented by “a maximum per-day magnitude” in Maxik at least [0046]. See at least Maxik [0046] “the system may determine if the magnitude of the shift per-day exceeds a maximum per-day magnitude. In the present embodiment, the default maximum per-day magnitude is about two and a half (2.5) hours”); and
upon determining the resting gap exceeds the maximum resting gap threshold, modifying the user circadian shift protocol by at least one of: altering at least one of the first resting activity and the second resting activity such that the resting gap is reduced to no longer exceed the maximum resting gap threshold(Maxik in at least fig. 3, [0007], [0043-0047] for example upon determining the resting gap exceeds the maximum resting gap threshold, modifying the user circadian shift protocol based on user selection by at least one of: altering at least one of the first resting activity and the second resting activity such that the resting gap is reduced to no longer exceed the maximum resting gap threshold. See at least [0047] Maxik “If it is determined at Block 306 that the per-day magnitude does exceed the maximum, an alert may be presented to the observer advising of such … and the system may query the user whether to create a preconditioning schedule that exceeds the maximum … The system may receive an input from the observer at Block 308 selecting … a preconditioning schedule …exceeding … the maximum. At Block 309 the system may then select the preconditioning schedule that … exceeds … the maximum responsive to the input received from the observer at Block 308”); and
creating a new resting activity scheduled between the first resting activity and the second resting activity(Maxik in at least fig. 3, [0007], [0043-0047] for example creating a new resting activity scheduled between the first resting activity and the second resting activity. See at least Maxik [0007] “method may comprise performing the steps of querying the user as to whether to override the maximum allowed per-day shift, receiving an input from the user responsive to the query of whether to exceed the maximum per-day shift, and selecting a preconditioning schedule responsive to the user input.”).
As per dependent Claim 6, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method further comprising: receiving an indication of an intervening user event(Maxik in at least [0006], fig. 2, [0038-0041] for example discloses receiving an indication of an intervening user event. See Maxik at least [0006] “identifying a future event of the observer to precondition for may comprise the steps of accessing future events within a timeframe from the calendar and determining which future events require preconditioning. Furthermore, upon determination that multiple future events require preconditioning, defined as multiple identified future events, the method may comprise performing the step of determining a preconditioning schedule for each of the multiple identified future events”);
determining whether the intervening user event conflicts with the performance of an activity(Maxik in at least [0006], fig. 2, [0038-0041] for example discloses determining whether the intervening user event conflicts with the performance of an activity. See Maxik at least [0006] “the method may comprise the steps of determining if the any of the preconditioning schedules for the multiple identified future events conflicts”); and
modifying the user circadian shift protocol responsive to determining the intervening user event conflicts with the performance of an activity(Maxik in at least [0006], fig. 2, [0041] for example discloses modifying the user circadian shift protocol responsive to determining the intervening user event conflicts with the performance of an activity. See at least [0006] “Upon a determination that a conflict exists, the method may comprise performing the steps of querying a user to select one or more non-conflicting future events, receiving an input from the user indicating one or more future events to precondition for, and operating the light source responsive to the input.”).
As per dependent Claim 7, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method further comprising identifying an activity comprised by the user circadian shift protocol that is concurrent with or in the proximate future of the current time, defining an identified action(Maxik in at least fig. 2, [0030], [0035-0036], [0048] for example discloses identifying an activity for example exposure to circadian shifting lighting comprised by the user circadian shift protocol that is concurrent with or in the proximate future of the current time, defining an identified action. See at least Maxik [0030] “the system may determine a day-by-day schedule of lighting configurations that are configured to shift the circadian rhythm of the observer…a daily lighting schedule, and the identification of patterns associated therewith”; [0035] “system may be configured to determine time zone by receiving an indication from a location lighting device associated with the system. …Any method of determining the times …associated with the current position of the system is contemplated”; [0048] “user device 400 may be any device capable of emitting light that is observable by an observer. Moreover, the user device 400 may be any device that is capable of adjusting the SPD of light emitted thereby so as to affect a biological response in the observer…the user device 400 may be any device that is capable of accessing a calendar associated with the observer, identifying an event to adjust light emitted thereby response to, and determining a preconditioning schedule to emit light to affect a shift in the circadian rhythm of the observer”);
receiving an indication of a present location of the user(Maxik in at least fig. 2, [0035-0036] for example discloses receiving an indication of a present location of the user. See Maxik at least [0035] “the system may determine a current time zone of the observer” [0036] “time of day and the time zone associated with the observer may be determined”. See Maxik [0035] “system may be configured to determine time zone by receiving an indication from a location lighting device associated with the system. Types of devices include, but are not limited to, a global positioning system (GPS) device. … the geographical location indicated thereby may be compared to a map delineating the various time zones… Any method of determining the times of associated with the current position of the system is contemplated”);
identifying a location proximate to the present location of the user that can facilitate performance of the identified action, defining an activity location(Maxik in at least fig. 2, [0035] [0048] for example discloses identifying a location proximate to the present location of the user (i.e. lighting device and user proximity/location) that can facilitate performance of the identified action, defining an activity location. [0048] “the user device 400 may be any device that is capable of accessing a calendar associated with the observer, identifying an event to adjust light emitted thereby response to, and determining a preconditioning schedule to emit light to affect a shift in the circadian rhythm of the observer”); and
providing an indication of the existence and location of the activity location(Maxik in at least fig. 2, [0048] for example discloses providing an indication of the existence and location of the activity location which is existence and location of the circadian shifting lighting user device . see at least Maxik [0048] “the user device 400 may be any device that is capable of accessing a calendar associated with the observer, identifying an event to adjust light emitted thereby response to, and determining a preconditioning schedule to emit light to affect a shift in the circadian rhythm of the observer”).
As per dependent Claim 8, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method further comprising: receiving an indication of a present circadian rhythm status of the user(Maxik in fig. 2-3, 9, [0005], [0043-0044], [0073], [0075] for example disclosed receiving an indication of a present circadian rhythm status of the user. See at least [0005] “a method of dynamically adjusting a circadian rhythm comprising the steps of determining a current circadian rhythm status of a circadian rhythm of an observer”; [0043] “determine … the time difference between the current state of the observer's circadian rhythm and the future state upon performance of the preconditioning”; [0044] “determine … the difference between the present time and date and the time and date of the future event”;[0073] “a method 900 for monitoring and improving the quality of sleep of an observer”; [0075] “the system may begin recording signals from the sensor … The signals from the sensor may indicate the quality of sleep of the observer.”);
receiving an indication of a present location of the user(Maxik in fig. 2, 9, [0006], [0035-036], [0073] for example discloses receiving an indication of a present location of the user. See at least Maxik [0006] “method may further comprising the steps of determining the time of day for the observer, determining the time zone of the observer, and determining the date”; [0035] “the system may determine a current time zone of the observer…Types of devices include, but are not limited to, a global positioning system (GPS) device…the geographical location indicated thereby may be compared to a map delineating the various time zones”; [0036] “a date associated with the time of day and the time zone associated with the observer may be determined. The date may be determined according to any of the methods … related to the determinations of the time of day and the time zone.”; [0073] “a system for monitoring the quality of sleep and altering the environment within which the observer is sleeping responsive to indications of low quality sleep to improve the quality of sleep thereof”);
determining a preferred circadian rhythm status responsive to the present location of the user(Maxik in at least fig. 2, 9, [0038], [0073] for example discloses determining a preferred circadian rhythm status responsive to the present location of the user. See at least Maxik [0038] “any situation whereby a shift in the circadian rhythm of the observer that may advantageously align the observer's circadian rhythm so as to best correspond to the future event”); and
determining whether the present circadian rhythm of the user is mismatched with the preferred circadian rhythm status(Maxik in at least fig. 2, 9, [0033], [0038], [0073-0074] for example discloses determining whether the present circadian rhythm of the user is mismatched with the preferred circadian rhythm status. See at least [0038] “the system may identify that an event requiring physical activity may be scheduled to occur at a time that does not coincide with the optimal window of time in the observer's circadian rhythm for physical activity…the system may identify an event requiring mental performance that may not coincide with the optimal window of time in the observer's circadian rhythm for mental activity… the system may identify an event scheduled to occur in a time zone that is different than the present time zone of the observer”; [0074] “If the observer is determined not to be asleep … the system may determine if the time of day indicates it is appropriate for the observer to be awake,”);
wherein the user circadian shift protocol is defined responsive to the present circadian rhythm of the user being mismatched with the preferred circadian rhythm status(Maxik in at least fig. 2, 9, [0005], [0038], [0073-0074], [0076], [0078] for example discloses wherein the user circadian shift protocol is defined responsive to the present circadian rhythm of the user being mismatched with the preferred circadian rhythm status. See at least Maxik [0005] “a method of dynamically adjusting a circadian rhythm”; [0038] “any situation whereby a shift in the circadian rhythm of the observer that may advantageously align the observer's circadian rhythm so as to best correspond to the future event”; [0073] “a system for monitoring the quality of sleep and altering the environment within which the observer is sleeping responsive to indications of low quality sleep to improve the quality of sleep thereof”; [0076] “the system determines whether a change to the sleeping environment is recommended responsive to the indication of low quality sleep received”).
As per dependent Claim 9, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method further comprising determining whether an advancing circadian shift protocol that advances a circadian rhythm of the user or a delaying circadian shift protocol that delays the circadian rhythm of the user is preferable, defining a preferred shifting direction (Maxik in fig. 3, [0042], [0045] for example discloses determining whether an advancing circadian shift protocol that advances a circadian rhythm of the user or a delaying circadian shift protocol that delays the circadian rhythm of the user is preferable, defining a preferred shifting direction . See at least Maxik [0042] “determining the preconditioning schedule may comprise … analyze the future event to precondition for to identify what type of circadian shift at Block 302, i.e. whether the circadian rhythm of the observer must be advanced or delayed.”);
wherein the user circadian shift protocol is defined further responsive to the preferred shifting direction (Maxik in fig. 3, [0042], [0045] for example discloses wherein the user circadian shift protocol is defined responsive to the preferred shifting direction. See at least Maxik [0045] “the system may calculate the magnitude by which the circadian rhythm must be shifted per-day to precondition in time for the event, i.e. how many hours/minutes must the circadian rhythm be advanced/delayed”).
As per dependent Claim 10, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method further comprising determining a present circadian rhythm status of the user responsive to the current time and the activities scheduled prior to the current time (Maxik in at least [0005], [0067] for example discloses determining a user’s present circadian rhythm status responsive to the current time and the activities scheduled prior to the current time in the calendar. See at least [0005] “a method of dynamically adjusting a circadian rhythm comprising the steps of determining a current circadian rhythm status of a circadian rhythm of an observer, accessing a calendar of the observer, identifying a future event of the observer to precondition for, defined as an identified future event”); and sending the present circadian rhythm status to a remote computerized device(Maxik in at least [0031], [0053-0054], [0067] for example discloses sending the present circadian rhythm status to a remote computerized device that implements the user circadian shift protocol such as light emission. See at least Maxik [0031] “the system may establish communication with a light source… the system may be configured to establish technical communication with the light source across a network… the system may so establish electrical communication with the light source, either directly or indirectly through an intermediate computerized device, such as a microcontroller”; [0053] “The network communication device 430 may be configured to position the user device 400 in communication with a network… The control circuitry 410 may be positioned in communication with a remotely stored calendar associated with the observer via the network communication device 430... the control circuitry 410 may be configured to store locally a copy of the remotely stored calendar that is accessible via the network communication device 430,”; [0054] “the user device 400 may be a computerized device having a display 440. The display 440 may be any device capable of displaying visual content as is known in the art… the light source 420 may emit light that passes through the display 440, the SPD of light emitted by the light source 420 being altered thereby prior to observation by the observer”).
As per dependent Claim 12, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method wherein performing an action responsive to the activity further comprises sending a command to the attached device responsive to an activity comprised by the user circadian shift protocol, the command being operable to cause the operation of the attached device to facilitate performance of the activity (Maxik in at least fig. 4-5, [0048-0056], [0058-00061], [0064] for example discloses sending a command to the attached device responsive to an activity comprised by the user circadian shift protocol, the command being operable to cause the operation of the attached device to facilitate performance of the activity. See at least Maxik [0056] “lighting device 510 may be configured to emit light in varying configurations …lighting device 510 may include control circuitry 512, a light source 514, and a communication device 516. The control circuitry 512 may be positioned in electrical communication with the light source 514 so as to control the operation thereof to emit light having a varying SPD. Additionally, the control circuitry 512 may be positioned in electrical communication with the communication device 516 and be configured to receive signals thereby and to operate the light source 514 responsive to signals received therefrom…control circuitry 512 may be positioned in electrical communication with the electric port 519 and may further be configured to condition electrical power received from the electric port 519 for use by the various electrical components of the lighting device 510, including the light source 514 and the communication device 516.”)
As per dependent Claim 13, the combination of Maxik as evidenced by Till and Palashewski as a whole further discloses method wherein the command is selected from the group consisting of altering display characteristics of a display, causing a display of information on a display, altering light emission characteristics of a lighting device, altering a status of a window-related device to alter ambient light conditions, initiating production of a beverage comprising a stimulant, and transmitting a message to a person regarding provision of at least one of a chronobiotic and nutrition (Maxik in at least fig. 9, [0008], [0033], [0064], [0073], [0077] for example discloses wherein the command is selected from the group consisting of altering display characteristics of a display, causing a display of information on a display, altering light emission characteristics of a lighting device, altering a status of a window-related device to alter ambient light conditions, initiating production of a beverage comprising a stimulant, and transmitting a message to a person regarding provision of at least one of a chronobitotic and nutrition . See at least [0033] “preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from so as to enhance the effectiveness of the preconditioning… the preconditioning may include recommended times at which to wake up, go to sleep, eat meals, exercise, and the like. Moreover, the preconditioning may include suggesting the observer consume or avoid certain foods and drinks, such as avoiding caffeine or other substances that may affect sleep quality…the communication to the observer may take the form of entering new events onto the calendar associated with the observer, sending a message to the observer by any method known in the art, including text message, e-mail, and the like, to any phone number or e-mail address associated with the observer… an application for a smartphone, as is known in the art, may provide the above-described communications on a smartphone of the observer”).
As per independent Claim 25, Maxik discloses a method of determining and presenting a protocol for adjusting a circadian rhythm of a user (Maxik in at least abstract, fig. 1-6, 8-9, [0005-0010], [0023-0049], [0053-0056], [0060], [0062], [0064], [0067-0080] for example discloses relevant subject-matter. Maxik in at least fig. 1-3, 9, [0005] for example discloses a method of determining and presenting a protocol/preconditioning schedule for adjusting a user’s circadian rhythm. See at least Maxik [0005] “a method of dynamically adjusting a circadian rhythm comprising the steps of determining a current circadian rhythm status of a circadian rhythm of an observer… determining a preconditioning schedule responsive to the identified future event …and operating the light source to emit light of the preconditioning schedule”) comprising:
receiving an indication of an intended circadian shift comprising a shift magnitude from a graphical user interface (GUI) on a user device (Maxik at least fig. 1-3, [0005], [0007], [0027-0029], [0033-0034], [0043], [0054] for example discloses receiving an indication of an intended circadian shift comprising a shift magnitude from a graphical user interface (GUI) on a user device/smartphone. See at least Maxik [0007] “the step of determining the preconditioning schedule may comprise the steps of identifying the type of circadian shift needed for the future event, determining the magnitude of the circadian shift”; [0027] “the system may determine the current circadian rhythm of an observer of a lighting device… at what time the observer wakes up and what time the observer goes to sleep” [0043]” the system may determine the magnitude of the circadian shift needed to precondition for the future event. The magnitude may be understood to me the time difference between the current state of the observer's circadian rhythm and the future state upon performance of the preconditioning”; [0033] “an application for a smartphone, as is known in the art, may provide the … communications on a smartphone of the observer”; [0034] “the system includes a smartphone or other similar device”; [0054] “the user device 400 may be a computerized device having a display 440”);
defining a user circadian shift protocol responsive to the shift magnitude (Maxik at least fig. 1-3, [0005], [0042-0045] for example discloses defining a user circadian shift protocol that is responsive to the shift magnitude. See Maxik at least [0042] “the step of determining the preconditioning schedule may comprise the steps illustrated in method 300 depicted in FIG. 3. Beginning at Block 301, the system may analyze the future event to precondition for to identify what type of circadian shift at Block 302, i.e. whether the circadian rhythm of the observer must be advanced or delayed.”; [0043]” the system may determine the magnitude of the circadian shift needed to precondition for the future event. The magnitude may be understood to me the time difference between the current state of the observer's circadian rhythm and the future state upon performance of the preconditioning”; [0044]” the system may determine the timeframe within which the preconditioning is to be accomplished”),
the user circadian shift protocol comprising one or more activities scheduled to be performed at a certain date and time (Maxik at least fig. 1-3, [0005], [0030], [0032-0033] for example discloses user circadian shift protocol comprising one or more activities scheduled to be performed at a certain date and time. See at least Maxik [0030] “the system may determine a day-by-day schedule of lighting configurations that are configured to shift the circadian rhythm of the observer”; [0032] “Depending upon the requirements of the preconditioning schedule, the system may begin increasing or reducing the intensity of light within certain wavelength ranges”; [0033] “in some embodiments, the step of performing the preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from …For example, the preconditioning may include recommended times at which to wake up, go to sleep, eat meals, exercise, and the like. Moreover, the preconditioning may include suggesting the observer consume or avoid certain foods and drinks, such as avoiding caffeine or other substances that may affect sleep quality”),
the activities comprising at least one activity having an activity type selected from a group of activity types comprising: a light exposure activity type, a light avoidance activity type, a chronobiotic activity type, a nutritional consumption activity type, a physical activity type, and a rest activity type (Examiner notes that a circadian rhythm shifting/adjustment necessarily involves cycles/regimen of light exposure and light avoidance or light-dark cycles as also evidenced in Till (see at least Box 1, introduction, fig. 1A-D).Further, here, the limitation “the activities comprising at least one activity having a type selected from a group of activity types comprising: a light exposure activity type… a rest activity type” is being broadly yet reasonably interpreted as requiring one among the enumerated. Consequently, Maxik at least fig. 1-3, [0005], [0030], [0032-0033] for example discloses activities comprising at least one activity having an activity type selected from a group of activity types comprising: a light exposure activity type, a light avoidance activity type, a chronobiotic activity type, a nutritional consumption activity type, a physical activity type, and a rest activity type. see at least Maxik [0030] “the … preconditioning schedule may be configured to shift the circadian rhythm of the observer incrementally between the present time and time associated with the future event… the system may determine a day-by-day schedule of lighting configurations that are configured to shift the circadian rhythm of the observer”; [0033] “in some embodiments, the step of performing the preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from …For example, the preconditioning may include recommended times at which to wake up, go to sleep, eat meals, exercise, and the like. Moreover, the preconditioning may include suggesting the observer consume or avoid certain foods and drinks, such as avoiding caffeine or other substances that may affect sleep quality”); and
for each activity of the user circadian shift protocol, performing an action responsive to the activity comprising providing an indication on the user device to perform each activity, the indication comprising at least one of: a notification displayed by the GUI of the user device; and an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device (Here, the limitation following “at least one of” is being broadly yet reasonably interpreted as requiring [a] “notification displayed by the GUI of the user device” or [b] “an iconographic representation of the activities to be performed within a calendar displayed by the GUI of the user device” but not both. Maxik at least fig. 1-3, [0005], [0032-0033] for example discloses for each activity, performing an action responsive to the activity comprising providing an indication on the user device/smartphone to perform the activity, the indication comprising a notification such as text message, e-mail, and the like displayed by the GUI of the user device. See at least [0033] “the step of performing the preconditioning may include communication with the observer regarding certain activities he or she may engage in or abstain from so as to enhance the effectiveness of the preconditioning… the communication to the observer may take the form of entering new events onto the calendar associated with the observer, sending a message to the observer by any method known in the art, including text message, e-mail, and the like, to any phone number or e-mail address associated with the observer…an application for a smartphone, as is known in the art, may provide the above-described communications on a smartphone of the observer.”).
for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity feature in the applied embodiment.
However, Maxik discloses alternate embodiments that disclose for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering intensity and spectrum of light to at least partially effectuate the selected activity (Maxik in at least fig. 4, [0048-0055] discloses for a selected activity from the one or more activities comprised by the user circadian shift protocol such as light exposure/avoidance, automatically altering intensity and spectrum of light to at least partially effectuate the selected activity such as adjusting the SPD of light emitted thereby so as to affect a biological response in the observer and/or updating the calendar 414 by accessing the remotely stored calendar, identifying differences between the remotely stored calendar and the calendar 414 stored on the memory 412, and updating the calendar 414 responsive to the identified differences. See at least Maxik [0048] “user device 400 may be any device capable of emitting light that is observable by an observer. Moreover, the user device 400 may be any device that is capable of adjusting the SPD of light emitted thereby so as to affect a biological response in the observer. More information regarding affecting a biological response in an observer… user device 400 may be any device that is capable of accessing a calendar associated with the observer, identifying an event to adjust light emitted thereby response to, and determining a preconditioning schedule to emit light to affect a shift in the circadian rhythm of the observer… user device 400 may include control circuitry 410”; [0049] “control circuitry 410 may be configured to perform the operations”; [0050] “the user device 400 may include a light source 420”; [0051] “light source 420 may be operable to emit light so as to affect a biological change in an observer… the light source 420 may be operable to affect a circadian shift in an observer… light source 420 may be operable to emit light so as to avoid affecting a biological change in an observer”; [0052] “control circuitry 410 may be configured to control the SPD of light emitted by the light source 420 so as to shift a circadian rhythm of the observer so as to align the observer's circadian rhythm with a future event.”; [0053] “user device 400 may include a network communication device 430. The network communication device 430 may be configured to position the user device 400 in communication with a network… control circuitry 410 may be configured to update the calendar 414 by accessing the remotely stored calendar, identifying differences between the remotely stored calendar and the calendar 414 stored on the memory 412, and updating the calendar 414 responsive to the identified differences”. Also Maxik discloses another embodiment in fig. 5, [0056], [0058-00061], [0064] for example wherein Maxik discloses for at least one activity comprised by the user circadian shift protocol such as light exposure/avoidance, changing a present operating parameter of at least one of the user device which is disclosed as a smart phone and an attached device/light source 510 to at least partially effectuate the at least one activity such as emitting light having a varying SPD See at least Maxik [0056] “lighting system 500 may include a lighting device 510… configured to emit light in varying configurations… control circuitry 512 may be positioned in electrical communication with the electric port 519 and may further be configured to condition electrical power received from the electric port 519 for use by the various electrical components of the lighting device 510, including the light source 514 and the communication device 516.”;[0058] “lighting device 510 may be configured to emit light that is viewable by an observer”;[0064] “the user device 610 is a mobile phone, specifically, a smart phone. Any type of device that generates light is contemplated and included within the scope of the invention, including other computerized devices, such as personal computers, as well as devices intended for providing illumination, such as light bulbs, lamps, lanterns, light fixtures, and the like.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of determining and presenting a protocol for adjusting a circadian rhythm of a use as taught by Maxik, by further including the step wherein for at least one activity comprised by the user circadian shift protocol, changing a present operating parameter of at least one of the user device and an attached device to at least partially effectuate the at least one activity, as also taught by Maxik. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of affecting a biological response/change in the observer such as a shift in the circadian rhythm of the observer (Maxik, [0048], [0051-0052]).
The combination of Maxik as evidenced by Till as a whole does not explicitly disclose automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity.
However, in an analogous automated control of user devices to facilitate use sleep related activity field of endeavor Palashewski discloses automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity (Palashewski in at least fig. 3, [0011], [0059], [0088], [0095] for example discloses automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity. See at least Palashewski [0062] “the control circuitry 334 … can generate control signals for controlling actions of other devices, and transmit the control signals to the other devices in response to information collected by the control circuitry 334, including … sleep state of the user 308, and other factors“; [0088] “Control circuitry 334 can also communicate with a system or device for controlling a state of the window blinds 330. For example, … the control circuitry 334 can generate and transmit control signals to cause the window blinds 330 to close. As another example, in response to determining that the user 308 is up for the day … the control circuitry 334 can generate and transmit control signals to cause the window blinds 330 to open. ….As yet another example, the control circuitry 334 can generate and transmit control signals that cause a first set of blinds to close in response to detecting user bed presence of the user 308 and a second set of blinds to close in response to detecting that the user 308 is asleep.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of determining and presenting a protocol for adjusting a circadian rhythm of a use as taught by Maxik, by further including the step automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity, as taught by Palashewski. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of controlling actions of other devices, and transmit the control signals to the other devices in response to information collected by the control circuitry including sleep state of the user and other factors (Palashewski, [0062], [0088]).
Response to Amendment
According to the Amendment, filed 02/25/2026, the status of the claims is as follows:
Claims 1, 12, 23, 25 are currently amended;
Claims 2, 4, 6, 7, 10 are as originally filed;
Claims 5, 8, 9, 11, 13 are previously presented;
Claims 14-22 and 24 are withdrawn; and
Claim 3 is cancelled.
By the current amendment, as a result, claims 1-2 and 4-25 are now pending in this application while claims 1-2,4-13,23 and 25 are being examined on the merits as being drawn to elected invention/species.
Response to Arguments
Issues Raised and Arguments/Remarks to Rejections/Objections Not Based On Prior Art presented on Pages 14-15 of Applicant’s Amendment dated 02/25/2026
The Examiner agrees with the Applicant, and in light of the amendments/arguments, withdraws the following non prior art related objections/rejections raised in Office Action dated 12/30/2025: [1] The 35 U.S.C. 112(b), rejections to claims as raised in Office Action dated 12/30/2025 is withdrawn in view of the amendment, filed 02/25/2026.
35 U.S.C 101 Issues Raised and Arguments/Remarks to Rejections Based On Non Prior Art presented on Pages 16-19 of Applicant’s Amendment dated 02/25/2026 where Applicant’s’ remarks inter alia that:
[I] Claims 1-2, 4-13, 23, and 25 stand rejected under 35 U.S.C. § 101 as allegedly being directed to an abstract idea without significantly more. Applicant respectfully traverses this rejection.
[II] The Examiner alleges that the claims are directed to mental processes and certain methods of organizing human activity. However, Applicant submits that the amended independent claims 1, 23, and 25 integrate any alleged abstract idea into a practical application because they require active control of physical devices to implement circadian-shifting activities.
[III] The as-filed specification describes that the circadian shifting protocol may run the auxiliary, overhead, seat, or ambient lighting, or even the window screens by automatically pulling them up or down or filtering the intensity and spectrum of light that is transmitted, or window glass by automatically altering the filtering of intensity and spectrum of light that is transmitted. As-Filed Specification, paragraph [0083].
[IV] Independent claims 1, 23, and 25, as amended, each recite "for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity." This limitation requires active control of a specific physical device (a window-related device) to implement circadian- shifting activities by automatically altering light filtering, which goes beyond merely collecting, analyzing, and displaying data.
[V] The limitation of "automatically altering filtering of intensity and spectrum of light transmitted through a window-related device" as recited in claims 1, 23, and 25 effects a real-world change in device operation. The amended claims satisfy Step 2A, Prong 2 because the limitation of "automatically altering filtering of intensity and spectrum of light transmitted through a window-related device" applies the judicial exception in a meaningful way beyond generally linking it to a technological environment. The claims are not a drafting effort to monopolize the abstract idea of circadian rhythm adjustment, but rather claim a specific technological implementation involving automated control of window-related device filtering characteristics to effectuate circadian-shifting activities.
[VI]The amended claims are analogous to Example 46 of the USPTO's Subject Matter Eligibility examples, titled "Livestock Management," where Claim 2 was found eligible at Step 2A, Prong Two because it integrated the judicial exception into a practical application. In Example 46, Claim 2 recited a monitoring component configured for "automatically sending a control signal to the feed dispenser to dispense a therapeutically (???) effective amount of supplemental salt and minerals mixed with feed when the analysis results for the animal indicate that the animal is exhibiting an aberrant behavioral pattern indicative of grass tetany."
[VII] Similarly, the present claims do not merely collect and analyze circadian rhythm data and then display results. Instead, claims 1, 23, and 25 require "automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity." The claims thus apply any alleged abstract idea in a meaningful way that goes beyond mere data gathering, analysis, and display, and therefore integrate the judicial exception into a practical application.
[VIII] The claims do not merely use a computer as a tool to perform an abstract idea. Instead, the claims require the system to actively control a specific physical device, namely, a window-related device, by automatically altering the filtering of intensity and spectrum of light transmitted therethrough to implement the circadian-shifting activities. This is not generic computer functionality, but rather specific physical device control.
[IX] Accordingly, Applicant submits that claims 1, 23, and 25, as amended, integrate any alleged abstract idea into a practical application under Step 2A, Prong 2, and are therefore patent eligible under 35 U.S.C. § 101.
[X] Dependent claims 2 and 4-13 depend from claim 1 and are patent eligible for at least the same reasons as claim 1. Therefore, for at least these reasons, Applicant respectfully requests withdrawal of the rejection under 35 U.S.C. § 101.
Applicant’s arguments [I-X] above with respect to the above claim limitation in claims 1, 23 and 25 have been considered but are not persuasive for the following reasons:
With respect to Applicant arguments in [II-III] above that the amended independent claims 1, 23, and 25 integrate any alleged abstract idea into a practical application, the abstract idea in each of independent Claims 1, 23 and 25 (and their respective dependent Claims 2 and 4-13) is not integrated into a practical application under MPEP 2106.04(d) because as identified above, there are no additional elements recited in independent Claims 1, 23 and 25.
Even if the user device and/or the window-related device were considered to be an additional element, the claimed user device and/or window-related device generally links the use of the above-identified abstract idea to a particular technological environment or field of use according to MPEP 2106.05(h). That is, the user device and/or window-related device is a generically recited computer element in independent Claims 1, 23 and 25 (and their respective dependent claims) which does not improve the functioning of a computer, or any other technology or technical field according to MPEP 2106.04(d)(1) and 2106.05(a). Nor does the user device and/or window-related device serve to apply the above-identified abstract idea with, or by use of, a particular machine according to MPEP 2106.05(b), effect a transformation according to MPEP 2106.05(c), provide a particular treatment or prophylaxis according to MPEP 2106.04(d)(2) or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception according to MPEP 2106.04(d)(2) and 2106.05(e). Furthermore, the user device and/or window-related device does not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer in accordance with MPEP 2106.05(f). For at least these reasons, the abstract idea identified above in independent Claims 1, 23 and 25 (and their respective dependent claims) is not integrated into a practical application in accordance with MPEP 2106.04(d).
Moreover, the above-identified abstract idea is not integrated into a practical application in accordance with MPEP 2106.04(d) because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process and certain method of organizing human activity) using rules (e.g., computer instructions) executed by a computer (e.g., as described in at least [0041], [0081-0082] of the originally filed specification, wherein [0041] “[t]he method may be implemented on a device comprising a display, a processor operably coupled to the display and operable to control both the display content and the brightness of the display, a memory, and, in some embodiments, a network communication device, the network communication device being operable to communicated using at least one communication protocol, including, but not limited to, wireless communication protocols such as 802.XX protocols, such as Wi-Fi, Bluetooth, Zigbee, Z-Wave, and the like.”; [0081] “method may be implemented on a user device 4210, which may be a smart phone…method may be implemented on a server 4220 which may be positioned in communication with the user device 4210”; [0082] “at least one of the user device 4210 and the server 4220 may be positioned in communication with one or more attached devices, including, but not limited to, a third-party server 4230 that may be further attached to one or more smart devices”). In other words, these claims are merely directed to an abstract idea with one or more additional generic computer elements (e.g., the claimed “user device” “another device”; [0083] “The circadian shifting protocol may 'run' the screen brightness and spectrum (e.g. reduce or increase the proportion of short wavelength blue light emitted by the screen) of any electronic device, including a computer, phone, or in-flight entertainment system on an airplane or in any other setting by altering the display characteristics of displays, altering the light emission characteristics of lighting devices. …Reminders and notifications could also be presented on the screens for what to do and when based on the circadian shift protocol, taking the form of causing the display of information on a display”) which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer according to MPEP 2106.05(f). Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims according to MPEP 2106.05(a). That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claims 1, 23 and 25 (and their respective dependent claims) is not integrated into a practical application under MPEP 2106.04(d)(I). Accordingly, independent Claims 1, 23 and 25 (and their respective dependent claims) are each directed to an abstract idea according to MPEP 2106.04(d).
With respect to Applicant’s arguments [IV] above, stating newly added limitation “requires active control of a specific physical device (a window-related device) to implement circadian- shifting activities by automatically altering light filtering” and [VIII] above stating“not generic computer functionality, but rather specific physical device control”, Examiner notes that the term window-related device when interpreted in light of instant application specification as-filed [0083] as encompassing screens of computer devices ([0083] “The circadian shifting protocol may 'run' the screen brightness and spectrum (e.g. reduce or increase the proportion of short wavelength blue light emitted by the screen) of any electronic device, including a computer, phone, or in-flight entertainment system on an airplane or in any other setting by altering the display characteristics of displays, altering the light emission characteristics of lighting devices. …Reminders and notifications could also be presented on the screens for what to do and when based on the circadian shift protocol, taking the form of causing the display of information on a display”). Examiner notes that with this interpretation, the "automatically altering filtering of intensity and spectrum of light transmitted through a window-related device" is nothing more than a display on a computer screen i.e. changing the brightness, contrast or other lighting parameters is the same as displaying color on a screen in that they are all displays. The computer (example smartphone) displays information based on values (1s and 0s). Different values may cause different settings/adjustments/etc., but they are all still displays.
With respect to Applicant’s arguments [VI-VII] above, stating amended claims are analogous to Example 46 of the USPTO's Subject Matter Eligibility examples, titled "Livestock Management," specifically claim 2 which recited a monitoring component configured for "automatically sending a control signal to the feed dispenser to dispense a therapeutically effective amount of supplemental salt and minerals mixed with feed when the analysis results for the animal indicate that the animal is exhibiting an aberrant behavioral pattern indicative of grass tetany.", Examiner notes that none of the independent claims actually recite any therapy or any therapeutic related subject-matter.
Please also cross-reference detailed 35 U.S.C. 101 analysis and rejection of claims 1, 23 and 25 and respective dependent claims above.
Issues Raised and Arguments/Remarks to Rejections Based On Prior Art presented on Pages 19-21 of Applicant’s Amendment dated 02/25/2026 where Applicant’s’ remarks inter alia that:
35 U.S.C. § 103 Rejection of the Amended Independent Claim 1 and 25
[A] Claims 1, 2, 4-10, 12-13, and 25 stand rejected under 35 U.S.C. § 103 as being unpatentable over Maxik et al. as evidenced by Till et al. Applicant respectfully traverses this rejection.
[B] Independent claims 1 and 25, as amended, each recite, inter alia, "for a selected activity from the one or more activities comprised by the user circadian shift protocol, automatically altering filtering of intensity and spectrum of light transmitted through a window-related device to at least partially effectuate the selected activity." This limitation requires active control of a specific type of device-a window-related device-by automatically altering the filtering of intensity and spectrum of light transmitted therethrough to implement circadian-shifting activities.
[C] There is no teaching, suggestion, or motivation in Maxik or Till to modify Maxik's system to include a window-related device that automatically alters filtering of intensity and spectrum of light transmitted therethrough. Accordingly, Applicant respectfully submits that claims 1 and 25 as amended are not rendered obvious by Maxik as evidenced by Till.
Applicant’s [A-C] arguments above with respect to the above claim limitation in amended independent claim 1 and claim 25 have been carefully and comprehensively considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the combination of Maxik as evidenced by Till and Palashewski as a whole. The new grounds were necessitated by Applicant’s’ amendment to the claims.
Since, the combination of applied art, the combination of Maxik as evidenced by Till and Palashewski, as a whole discloses independent claim 1, 25 limitations as now explicitly, positively and specifically recited by the Applicants in the respective claims, claims 1 and 25 were not found to be allowable at this time. Please also cross-reference detailed claim 1 and 25 interpretation, claim limitation mapping to prior art disclosed features and method steps and detailed explanations above.
Issues Raised and Arguments/Remarks to Rejections Based On Prior Art presented on Pages 21 of Applicant’s Amendment dated 02/25/2026 where Applicant’s’ remarks inter alia that:
35 U.S.C. § 103 Rejection of Dependent Claims 2, 4-13.
[a] Dependent claims 2, 4-10, and 12-13 depend from claim 1 and are allowable for at least the same reasons as claim 1. Therefore, for at least these reasons, Applicant respectfully requests withdrawal of the rejection under 35 U.S.C. § 103.
Applicant’s arguments [a] above with respect to dependent claims 2, 4-13 been considered but are not persuasive. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the dependent claims 2, 4-13 define a patentable invention based on their dependency on base claims without specifically pointing out how the language of the dependent claims patentably distinguishes them from the references.
Since, the combination of applied art, the combination of Maxik as evidenced by Till and Palashewski, as a whole discloses independent claim 2, 4-10, and 12-13 limitations as now explicitly, positively and specifically recited by the Applicants in the respective claims, claims 2, 4-10, and 12-13 rejection under 35 U.S.C 103 still applies. Please also cross-reference detailed claims 2, 4-10, and 12-13 interpretation, claim limitation mapping to prior art disclosed features and method steps and detailed explanations above.
Conclusion
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/SUNITA REDDY/Primary Examiner, Art Unit 3791
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