DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/26/2022 is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 39 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 39 recites the limitation "the second sleep-related parameter" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is also not clear which parameter is being referenced as the preceding claim 26 refers to “a second set of sleep-related parameters” which suggests more than one parameter.
Claim 39 recites the limitation "the first sleep-related parameter" in line 3. It is not clear which parameter is being referenced as claim 38 refers to “one or more of the first plurality of sleep-related parameters” which suggests cases of more than one parameter.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-12, 26, 27, 36, 38, 41, 44, 47, 57, 59, 60 and 61 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0151603 (Shouldice et al., hereinafter Shouldice).
In regards to claim 1, Shouldice discloses methods and systems for sleep management (figures 1-17, 32-54A-D and paragraphs 70-813). Shouldice discloses a system with the following components:
an electronic interface (paragraph 250-268 describes various interfaces including a graphical user interface that tracks sleep during a sleep session) configured to receive (i) first physiological data associated with a user during a first sleep session, the first physiological data being generated by a first sensor, (ii) second data associated with the user subsequent to the first sleep session and prior to a second sleep session, and (iii) third physiological data associated with the user during the second sleep session (abstract and paragraphs 115-125 state obtaining data from multiple sleep sessions including sleep factors such as sleep latency and paragraph 372 shows number of awakenings as one of the sleep parameters);
a memory storing machine-readable instructions (paragraph 234; computer, processing device and server contain the memory that has the software application); and
a control system including one or more processors (paragraphs 127-130) configured to execute the machine-readable instructions to:
determine a first set of sleep-related parameters for the first sleep session based at least in part on the first physiological data, the first set of sleep-related parameters including a sleep onset latency, a number of awakenings, a frequency of awakenings, or any combination thereof (paragraphs 278, 372, 483, 537, and 547 – number of awakenings is one of the parameters and is partially based on the physiological data since physiological data is used to determine sleep states);
identify a first one of the first set of sleep-related parameters as a first targeted parameter based at least in part on a user profile associated with the user, wherein the first targeted parameter is one of the first set of sleep-related parameters that is predicted to reduce one or more insomnia-related symptoms for the user during the second sleep session (paragraph 537 – number of awakenings for restful sleep);
cause first information indicative of (i) the first targeted parameter, (ii) a first recommendation associated with the first targeted parameter, or both (i) and (ii) to be communicated to the user via a user device (paragraph 537 – communicate to user advice based on targeted parameter);
update the user profile to include at least a portion of the determined first set of sleep-related parameters and at least a portion of the second data (paragraph 520 – user profile is updated based on each session of user which requires the first set of sleep-related parameters and the second data);
determine a second set of sleep-related parameters for the second sleep session based at least in part on the third physiological data, the second set of sleep-related parameters including a second sleep onset latency, a second number of awakenings, a second frequency of awakenings, or any combination thereof (abstract and paragraphs 115-125 state obtaining data from multiple sleep sessions including sleep factors such as sleep latency and paragraph 372 shows number of awakenings as one of the sleep parameters);
identify a second one of the second set of sleep-related parameters as a second targeted parameter based at least in part on the updated user profile (paragraphs 537-546 – communicate to user advice based on targeted parameter where advice is generic and gets more specific with each session); and
cause second information indicative of (i) the second targeted parameter, (ii) a second recommendation associated with the second targeted parameter, or both (i) and (ii) to be communicated to the user via the user device (paragraph 537-546 – communicate to user advice based on targeted parameter; feedback mechanism would require communicating the advice/recommendation to the user);
In regards to claim 2, Shouldice discloses the limitations of claim 1. In addition, paragraphs 649-658 disclose the use of demographic information.
In regards to claim 3, Shouldice discloses the limitations of claim 2. In addition, paragraph 223 discloses the presence of user feedback that is sent to the control system that causes the information to be communicated to the user (paragraph 537-546 – communicate to user advice based on targeted parameter; feedback mechanism would require feedback from the user to communicating the advice/recommendation to the user; paragraph 550-556 – user feedback shapes the advice given.).
In regards to claim 4, Shouldice discloses the limitations of claim 3. In addition, paragraph 223 states that system prompts the user to record data like use of caffeine, alcohol exercise, and sleep pills.
In regards to claim 5, Shouldice discloses the limitations of claim 4. In addition, paragraph 520 states that the advice/recommendation is based on a user/personal profile.
In regards to claim 7, Shouldice discloses the limitations of claim 1. In addition, Shouldice notes that first and second parameters correlate number of awakenings which are related to restful sleep, thus making it a reduction of insomnia-related symptoms (paragraph 537 – number of awakenings for restful sleep).
In regards to claim 8, Shouldice discloses the limitations of claim 1. In addition, Shouldice states in paragraphs 208, 253, 301, and 393 the providing of sleep scores to the subject after a session, which can be considered as insomnia-related scores corresponding to the sets of sleep-related parameters.
In regards to claim 9, Shouldice discloses the limitations of claim 8. In addition, Shouldice shows in paragraph 393 the plurality of insomnia-related scores and paragraph 372 states that number of awakenings can be used to determine the sleep score and is used in providing the recommendation/advice, thus meeting the limitations of the claim.
In regards to claim 10, Shouldice discloses the limitations of claim 1. In addition, Shouldice discloses in table SS and paragraph 372-374 that total sleep time is one of the factors that contributes to the sleep score along with number of awakenings, thus making it one of the first set of sleep-related parameters
In regards to claims 11 and 12, Shouldice discloses the limitations of claim 1. In addition, paragraphs 520 and 538-548 disclose the updating of user profiles after each session and provides personalized recommendations before subsequent sessions.
In regards to claim 61, Shouldice discloses the limitations of claim 1. In addition, paragraph 277 shows that sleep efficiency is one of the parameters that can be analyzed during the sleep sessions.
In regards to claim 26, Shouldice discloses methods and systems for sleep management (figures 1-17, 32-54A-D and paragraphs 70-813). Shouldice discloses a system with the following components:
an electronic interface configured to receive (i) first physiological data associated with a user during a first sleep session and (ii) second physiological data associated with the user during a second sleep session, the first physiological data and the second physiological data being generated by one or more sensors (abstract and paragraphs 108-130, 150-152, 174, 221-229, 234, 240, and 250 state obtaining data from multiple sleep sessions using sensors including sleep factors such as sleep latency and paragraph 372 shows number of awakenings as one of the sleep parameters);
a memory storing machine-readable instructions (paragraph 234; computer, processing device and server contain the memory that has the software application); and
a control system including one or more processors (paragraphs 127-130) configured to execute the machine-readable instructions to:
determine a first set of sleep-related parameters, wherein the first set of sleep-related parameters is determined for the first sleep session based at least in part on the first physiological data, the first set of sleep-related parameters including a first sleep onset latency, a first number of awakenings, a first frequency of awakenings, or any combination thereof (paragraphs 278, 372, 483, 537, and 547 – number of awakenings is one of the parameters and is partially based on the physiological data since physiological data is used to determine sleep states);
determine a first plurality of insomnia-related scores, wherein the first plurality of insomnia-related scores is determined for the first sleep session, each one of the first plurality of insomnia-related scores being associated with a corresponding one of the first set of sleep-related parameters (each sleep session produces a plurality of sleep scores (overall sleep, mind charge, and body charge scores) using the sleep-related parameters – 371-394);
determine that a first one of the first plurality of insomnia-related scores satisfies a first predetermined condition (without knowing what the predetermined condition is or its relation to the scores, any measurement that produces the sleep scores would meet the limitation as this condition could be as simple as a time period for measurement (such as sleep time or times to measure, which happens as part of any measurement);
cause a first indication to be communicated to the user via a user device, the first indication being of (i) the first one of the first plurality of insomnia-related scores, (ii) the first one of the first set of sleep-related parameters, or (iii) both (i) and (ii) (paragraphs 367-369; figures 24, 25a, 25b; feedback to user by displaying sleep scores via a screen user interface at each session);
determine a second set of sleep-related parameters, wherein the second set of sleep-related parameters is determined for the second sleep session based at least in part on the second physiological data, the second set of sleep- related parameters including a second sleep onset latency, a second number of awakenings, a second frequency of awakenings, or any combination thereof (abstract and paragraphs 115-125 state obtaining data from multiple sleep sessions including sleep factors such as sleep latency and paragraph 372 shows number of awakenings as one of the sleep parameters);
determine a second plurality of insomnia-related scores, wherein the second plurality of insomnia-related scores is determined for the second sleep session, each one of the second plurality of insomnia-related scores being associated with a corresponding one of the second set of sleep-related parameters (each sleep session produces a plurality of sleep scores (overall sleep, mind charge, and body charge scores) using the sleep-related parameters – 371-394);
determine that a second one of the second plurality of insomnia-related scores satisfies a second predetermined condition (without knowing what the predetermined condition is or its relation to the scores, any measurement that produces the sleep scores would meet the limitation as this condition could be as simple as a time period for measurement (such as sleep time or times to measure, which happens as part of any measurement); and
cause a second indication to be communicated to the user via the user device, the second indication being of (i) the second one of the second plurality of insomnia-related scores, (ii) the second one of the second set of sleep- related parameter, or (iii) both (i) and (ii) (paragraphs 367-369; figures 24, 25a, 25b; feedback to user by displaying sleep scores via a screen user interface at each session).
In regards to claim 27, Shouldice discloses the limitations of claim 26. In addition, Shouldice shows that the control system updates a user profile associated with the user based at least in part on the determined first and/or second plurality of insomnia-related scores (paragraph 538 discloses updating a user profile based on measured sleep data with paragraphs 637-657 showing a profile that is updated based on a user’s sleep score).
In regards to claim 36, Shouldice discloses the limitations of claim 26. In addition, paragraphs 392-394 show that the score is between scaled between 0 and 100%.
In regards to claim 38, Shouldice discloses the limitations of claim 26. In addition, Shouldice shows in paragraph 537 communicating to the user advice based on targeted parameter, which requires the execution of the steps of the present claim.
In regards to claim 41, Shouldice discloses the limitations of claim 26. Shouldice states in paragraph 223 the presence of user feedback that is sent to the control system that causes the information to be communicated to the user (paragraph 537-546 – communicate to user advice based on targeted parameter; feedback mechanism would require feedback from the user to communicating the advice/recommendation to the user; paragraph 550-556 – user feedback shapes the advice given.). In addition, paragraph 223 states that system prompts the user to record data like use of caffeine, alcohol exercise, and sleep pills.
In regards to claim 44, Shouldice discloses the limitations of claim 41. In addition, paragraph 577 states a bedtime recommendation, and paragraph 241 recommends diet advice.
In regards to claim 46, Shouldice discloses the limitations of claim 26. In addition, Shouldice discloses on paragraphs 97-106, 115-121, and 395 that the sleep score is based on total sleep time, light sleep time, deep sleep time, and REM sleep time.
In regards to claim 47, Shouldice discloses methods and systems for sleep management (figures 1-17, 32-54A-D and paragraphs 70-813). Shouldice discloses a method with the following steps:
receiving first physiological data associated with a user for a first sleep session (paragraphs 71-79, 214, 266, 395 and 512 – monitoring of heart rate, breathing rate during multiple sleep sessions);
determining a first set of sleep-related parameters based at least in part on the first physiological data, the first set of sleep-related parameters including a first sleep onset latency, a first number of awakenings, a first frequency of awakenings, or any combination thereof (paragraphs 278, 372, 483, 537, and 547 – number of awakenings is one of the parameters and is partially based on the physiological data since physiological data is used to determine sleep states);
determining a first plurality of insomnia-related scores for the first sleep session, each one of the first plurality of insomnia-related scores being associated with a corresponding one of the first set of sleep-related parameters (each sleep session produces a plurality of sleep scores (overall sleep, mind charge, and body charge scores) using the sleep-related parameters – 371-394);
identifying a first one of the first plurality of insomnia-related scores that satisfies a first predetermined condition (without knowing what the predetermined condition is or its relation to the scores, any measurement that produces the sleep scores would meet the limitation as this condition could be as simple as a time period for measurement (such as sleep time or times to measure, which happens as part of any measurement));
causing a first indication to be communicated to the user via a user device, the first indication being of (i) the first one of the first plurality of insomnia-related scores, (ii) the first one of the first set of sleep-related parameters, or (iii) both (i) and (ii) (paragraphs 367-369; figures 24, 25a, 25b; feedback to user by displaying sleep scores via a screen user interface at each session);
receiving second physiological data associated with a user for a second sleep session, wherein the second sleep session is subsequent to the first sleep session (paragraphs 71-79, 214, 266, 395 and 512 – monitoring of heart rate, breathing rate during multiple sleep sessions);
determining a second set of sleep-related parameters, wherein the second set of sleep-related parameters is determined for the second sleep session based at least in part on the second physiological data, the second set of sleep-related parameters including a second sleep onset latency, a second number of awakenings, a second frequency of awakenings, or any combination thereof (abstract and paragraphs 115-125 state obtaining data from multiple sleep sessions including sleep factors such as sleep latency and paragraph 372 shows number of awakenings as one of the sleep parameters);
determining a second plurality of insomnia-related scores, wherein the second plurality of insomnia-related scores is determined for the second sleep session, each one of the second plurality of insomnia-related scores being associated with a corresponding one of the second set of sleep-related parameters (each sleep session produces a plurality of sleep scores (overall sleep, mind charge, and body charge scores) using the sleep-related parameters – 371-394);
identifying a second one of the second plurality of insomnia-related scores that satisfies a second predetermined condition (without knowing what the predetermined condition is or its relation to the scores, any measurement that produces the sleep scores would meet the limitation as this condition could be as simple as a time period for measurement (such as sleep time or times to measure, which happens as part of any measurement)); and
causing a second indication to be communicated to the user via the user device, the second indication being of (i) the second one of the second plurality of insomnia-related scores, (ii) the second one of the second set of sleep-related parameters, or (iii) both (i) and (ii) (paragraphs 367-369; figures 24, 25a, 25b; feedback to user by displaying sleep scores via a screen user interface at each session).
In regards to claim 57, Shouldice discloses the limitations of claim 47. In addition, Shouldice shows that the control system updates a user profile associated with the user based at least in part on the determined first and/or second plurality of insomnia-related scores (paragraph 538 discloses updating a user profile based on measured sleep data with paragraphs 637-657 showing a profile that is updated based on a user’s sleep score). In addition, Shouldice shows that the control system updates a user profile associated with the user based at least in part on the determined first and/or second plurality of insomnia-related scores (paragraph 538 discloses updating a user profile based on measured sleep data with paragraphs 637-657 showing a profile that is updated based on a user’s sleep score).
In regards to claim 59, Shouldice discloses the limitations of claim 47. In addition, paragraphs 392-394 show that the score is between scaled between 0 and 100%.
In regards to claim 60, Shouldice discloses the limitations of claim 47. In addition, Shouldice shows in paragraph 537 communicating to the user advice based on targeted parameter, which requires the execution of the steps of the present claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0151603 (Shouldice et al., hereinafter Shouldice)
In regards to claim 37, Shouldice discloses the limitations of claim 36. Shouldice shows in paragraph 394 that the lower limit of the scale is 0 and the upper limit is 100, which encompasses the claimed range. Applicant does not specify how the claimed range solves a stated problem, is used for a particular purpose, or gives a particular advantage. In addition, one of ordinary skill in the art would naturally be motivated to optimize limits in order to optimize outcomes. Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention to arrive at the claimed range due to optimization of known parameters.
Allowable Subject Matter
Claim 30, 32, 35, and 58 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 39 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to claim 30, the prior art of record does not teach or suggest a system, as claimed by Applicant, wherein the first predetermined condition is that the first insomnia-related score of the first plurality of insomnia-related scores has a highest value relative to the other ones of the first plurality of insomnia-related scores and the second predetermined condition is that the second insomnia-related score for the second sleep session is higher than the first insomnia-related score for the first sleep session.
In regards to claim 32, the prior art of record does not teach or suggest a system, as claimed by Applicant, wherein the first predetermined condition is that the first insomnia-related score of the first plurality of insomnia-related scores has a lowest value relative to the other ones of the first plurality of insomnia-related scores and the second predetermined condition is that the second insomnia- related score for the second sleep session is lower than the first insomnia-related score for the first sleep session.
In regards to claim 35 and 58, the prior art of record does not teach or suggest a system that implements a method or method, as claimed by Applicant, wherein determining the first plurality of insomnia-related scores includes standardizing each of the first plurality of insomnia-related scores based on previously recorded sleep-related parameters for the user, previously recorded sleep-related parameters for a plurality of other users, or any combination thereof.
In regards to claim 39, the prior art of record does not teach or suggest a system, as claimed by Applicant, wherein the second predetermined condition is (i) that the second sleep-related parameter associated with the second insomnia-related score is the same as the first sleep-related parameter associated with the first insomnia-related score and the second insomnia-related score for the second sleep session is greater than the first insomnia-related score for the first sleep session or (ii) wherein the second predetermined condition is that the second sleep-related parameter associated with the second insomnia-related score is different than the first sleep-related parameter associated with the first insomnia-related score and the second insomnia-related score for the second sleep session is greater than the first insomnia-related score for the first sleep session.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DARYL DEANON LANNU whose telephone number is (571)270-1986. The examiner can normally be reached Monday-Thursday 8 AM - 5 PM, Friday 8 AM -12 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA DARYL D LANNU/Examiner, Art Unit 3791
/CARRIE R DORNA/Primary Examiner, Art Unit 3791