DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12 May 2026 has been entered.
Status of Claims
Claim(s) 1-2, 5-11 and 22 is/are currently amended. Claim(s) 4 and 23 has/have been canceled. Claim(s) 1-3 and 5-22 is/are pending.
Claim Interpretation
As noted in the prior Office action(s), claim(s) 2 and 22-23 recite at least one limitation that has been interpreted to invoke 35 U.S.C. 112(f) (or pre-AIA 35 U.S.C. 112, sixth paragraph).
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 5-14, 16-18 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0267196 A1 (previously cited, Hu) in view of US 2019/0217047 A1 (previously cited, Kaislasaari) and US 2016/0022202 A1 (previously cited, Peterson).
Regarding claim 1, Hu discloses/suggests a computer program product comprising computer executable code embodied in a non-transitory computer readable medium that, when executed on one or more computing devices (¶ [0034]), performing a method comprising:
receiving a user input of an end of a waking interval for waking a user, the end identifying a first time at which an alarm will be issued to wake up the user; and, in response to receiving the user input of the end of the waking interval, automatically calculating an onset of the waking interval (Fig. 4, S110; ¶ [0023] receiving alarm input from on a base device from a user, wherein the alarm input may comprise a user setting a latest alarm time, which sets a window in which a user would like to wake up), the onset identifying a second time at which data from a wearable physiological monitor will be used to calculate a waking time for the user (e.g., ¶ [0024]; ¶ [0027] analyzing sleep data to identify an optimal time to wake an individual e.g., at the end of a sleep cycle; etc.);
storing a window on a wearable physiological monitor (individual sleep device 120), the window timewise bounded by the onset of the waking interval and an end of the waking interval (Fig. 4, S120; ¶ [0024] transferring user alarm input to the individual sleep device);
monitoring a physiological signal with the wearable physiological monitor to acquire physiological data (Fig. 4, S130; ¶ [0025] collecting physiological data with the individual alarm device, such as motion data, EEG, EKG, temperature, etc., which is used to measure/associated with various parameters of sleep patterns, including sleep quality, sleep cycles, etc.);
periodically transmitting the physiological data to a smart phone of the user (Figs. 1, 7, etc., base alarm device 110, which may comprise a smart phone, as described in ¶ [0013]) during a sleep event at a first frequency (¶ [0015] wireless communication components 112, 122 of base alarm device 110 and individual sleep device 120, respectively, are preferably periodically used for communication while an individual sleeps; ¶ [0026]; etc.);
at the onset of the waking interval, transmitting the physiological data to the smart phone at a second frequency greater than the first frequency (¶ [0015] as time approaches for the individual to be awakened, wireless communication components 112, 122 preferably communicate more frequently; ¶ [0026]);
during the waking interval, processing the physiological data at the smart phone and issuing a wake signal from the smart phone to awaken the user before the end of the waking interval (¶ [0024] dynamic sleep alarm based on the current sleep data of a user; ¶ [0027] analyzing collected data to identify sleep cycles and/or the end of a sleep cycle to determine the optimal time to wake the individual; etc.); and
receiving a wake signal during the window specifying a wake time therein from the smart phone (Fig. 5, S170; ¶ [0029] calculated optimized time for waking a user is communicated from the base device to the individual sleep device), and generating a haptic output with the wearable physiological monitor to wake the user at the wake time (Fig. 5, S160; ¶ [0029] individual sleep device triggers the alarm).
Hu neither expressly discloses the physiological data comprises heart rate data, nor discloses, if the wake signal is not received during the window, generating the haptic output to wake the user at the end of the window. Additionally, Hu does not disclose the method comprises processing the physiological data during the waking interval to determine a duration of sleep by the user; and issuing a wake signal to awaken the user before the end of the waking interval when the duration of sleep by the user meets a predetermined percentage of a sleep need for the user. However, Hu discloses wearable monitor (individual sleep device 120) may include an EKG sensor, from which heart rate is commonly derived (e.g., ¶ [0017]), such that one of ordinary skill in the art would at once envisage the wearable physiological monitor as a heart rate monitor in such embodiments. Hu further discloses activating a target alarm without the base alarm device and/or without the analyzed sleep data (e.g., if the base alarm device has been moved out of communication range) (e.g., ¶ [0019]), for example, as a backup alarm (e.g., ¶ [0024]). Lastly, Hu discloses the wake signal may be issued dynamically based on the current sleep data of a user (e.g., ¶ [0024]).
Kaislasaari discloses/suggests a method comprising monitoring a heart rate signal with a heart rate monitor to acquire heart rate data (e.g., ¶ [0046] sleep data detection device, such as a device that detects heart rate); transmitting the heart rate data to a remote server (e.g., ¶ [0048] data monitored by apparatus 25, which may comprise a server (¶ [0024), may be detected by the sleep data detection device); processing the heart rate data at the remote server to determine a duration of sleep by the user (e.g., ¶ [0049] apparatus 25 may monitor and process the sleep data to determine a real-time gained recovery by the user, such as determining and continually updating the quality and/or amount of sleep); issuing a wake signal from the remote server to awaken the user before the end of a window/waking interval (e.g., prior to default alarm time, ¶ [0056]) when the duration of sleep by the user meets a predetermined percentage of a sleep need for the user; and, if the wake signal is received during the window/waking interval, generating a haptic output to wake the user at a wake time within the window/waking interval specified by the wake signal (e.g., ¶ [0053] in response to determining that the gained recovery satisfies the sleep recovery need, causing a wake-up alert to be provided via a user interface of a device; ¶ [0043] a user may input a target percentage or ratio of the determined sleep recovery need he/she desires to achieve); and, if the wake signal is not received during the window, generating a haptic output to wake the user at the end of the window (e.g., ¶ [0056] a default alarm will only cause a wake-up alert to be provided via the user interface if the default alarm time is reached, and apparatus 25 has not caused a wake-up alert to be provided in response to determining the real-time gained recovery satisfies the sleep recovery need).
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 Hu with the physiological data comprising heart rate data, and to comprise processing, during the waking interval, the heart rate data to determine a duration of sleep by the user; issuing a wake signal to awaken the user before the end of the waking interval when the duration of sleep by the user meets a predetermined percentage of a sleep need for the user; and generating a haptic output with the wearable heart rate monitor to wake the user at a wake time within the window specified by the wake signal as taught/suggested by Kaislasaari in order optimize/further optimize the wake time by dynamically waking the user at a time within the window at which his/her sleep recovery need is satisfied (Kaislasaari, ¶ [0004]; Hu, ¶ [0024]; etc.). Further, 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 Hu with, if the wake signal is not received from the remote server during the window, generating the haptic output to wake the user at the end of the waking interval as taught/suggested by Kaislasaari in order to ensure the user does not sleep past his/her latest acceptable wake time (Kaislasaari, ¶ [0056]).
Hu as modified does not expressly disclose the manner in which the onset of the waking interval is calculated, such that Hu does not disclose automatically calculating an onset of the waking interval based on a sleep history for the user. However, Hu does disclose sleep data, including past data, may be used to determine an optimum time to activate a targeted alarm (e.g., ¶ [0014]).
Peterson discloses/suggests a method comprising receiving a user input of an end of a waking interval for waking a user, the end identifying a first time at which an alarm will be issued to wake up the user (e.g., ¶ [0037] logic receives input to the device undertaking the present logic pertaining to a latest time (e.g. threshold time) at which the user desires to wake up based on an alarm activated using the application) and, in response to receiving the user input of the end of the waking interval, automatically calculating an onset time of the waking interval based on a sleep history for the user (e.g., ¶ [0038] logic may determine, identify, and/or estimate (e.g. based on a sleep history) an alarm activation time that may be before the latest time input by the user but still at which the user may have achieved one or more sleep desires and/or sleep goals).
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 Hu with automatically calculating the onset of the waking interval based on a sleep history for the user as taught/suggested by Peterson in order to tailor the waking interval, and therefore the window of increased battery consumption (e.g., Hu, ¶ [0015]), to the specific sleep needs and/or recent activities of the user, thereby increasing the likelihood the user achieves adequate sleep and/or does not waste time that could be spent on other tasks or detrimentally impact their ability to sleep in the near future (Peterson, ¶ [0002], ¶ [0065]; etc.), while conserving battery of the system components life outside said interval/window (Hu, ¶ [0015]).
Hu discloses/suggests the system performing the method further comprises a remote server (central sleep service platform 130, such as a server ¶ [0021]), wherein the data collected by the wearable monitor is transmitted to the remote server through the smart phone of the user (e.g., ¶ [0027]), and wherein the remote server may be used in the calculation of sleep quality feedback, which includes calculating the optimal wake time (¶ [0027]). While Hu does not expressly disclose the server processes the physiological/heart rate data at the remote server to determine when or whether to issue a wake signal, at the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the product and method of Hu with said analysis being performed by the remote server because Applicant has not disclosed that such an arrangement provides an advantage, is used for a particular purpose, or solves a stated problem, particularly if suitable local processing resources are available. Rather, Applicant expressly discloses, "As noted above, while the foregoing generally contemplates the use of remote resources to analyze sleep and/or calculate a suitable waking time, this processing may also be performed locally, e.g., on a user's local computing device, or, if the physiological monitor has sufficient processing resources, directly on the physiological monitor" (¶ [0069]). Therefore, as no or insufficient evidence has been provided to the contrary, one of ordinary skill in the art would have expected Applicant's invention to perform equally well with the smartphone determining when to issue a wake signal as taught/suggested by Hu because either configuration enables waking a user at an optimal time within a specified alarm window.
Alternatively/Additionally, as noted above, Kaislasaari discloses/suggests a comparable method disclosing processing sleep data and determining when/whether to issue a wake signal or alarm using a secondary device (apparatus 25 for processing data detected by a sleep data detection device, e.g., ¶ [0048]), wherein said device may comprise a smartphone and/or server (¶ [0024]). 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 Hu with transmitting the heart data to the remote server through the smart phone; processing the heart data at the remote server; and issuing the wake signal from the remote server as taught/suggested by Kaislasaari in order to reduce power usage and/or processing requirements of the user's smartphone and/or as a simple substitution of one suitable arrangement for waking a user at an optimal time for another to yield no more than predictable results. See MPEP 2143(I)(B).
Regarding claims 2 and 5-10, Hu discloses/suggests a method comprising:
receiving a user input of an end of a waking interval for waking a user, the end identifying a first time at which an alarm will be issued to wake up the user; and, in response to receiving the user input of the end of the waking interval, automatically calculating an onset of the waking interval (Fig. 4, S110; ¶ [0023] receiving alarm input from on a base device from a user, wherein the alarm input may comprise a user setting a latest alarm time, which sets a window in which a user would like to wake up), the onset identifying a second time at which data from a wearable physiological monitor will be used by a remote processing system (e.g., Figs. 1, 7, etc., base alarm device 110, such as a smart phone, and/or central sleep service platform 130, such as a server) to calculate a waking time for the user (e.g., ¶ [0027] analyzing sleep data to identify an optimal time to wake an individual e.g., at the end of a sleep cycle);
storing a window on a wireless monitoring device (individual sleep device 120), the window timewise bounded by the onset of the waking interval and an end of the waking interval (Fig. 4, S120; ¶ [0024] transferring user alarm input to the individual sleep device);
monitoring a physiological signal associated with sleep quality with the wireless monitoring device to acquire physiological data (Fig. 4, S130; ¶ [0025] collecting physiological data with the individual alarm device, such as motion data, EEG, EKG, temperature, etc., which is used to measure/associated with various parameters of sleep patterns, including sleep quality, sleep cycles, etc.);
prior to the onset of the window, communicating the physiological data from the wireless monitoring device to the remote processing system (¶ [0015] wireless communication components 112, 122 of base alarm device 110 and individual sleep device 120, respectively, are preferably periodically used for communication while an individual sleeps; ¶ [0026]; etc.);
at the onset of the window, altering an attribute related to communication of the physiological data from the wireless monitoring device to the remote processing system (¶ [0015] as the time approaches for the individual to be awakened, wireless communication components 112, 122 preferably communicate more frequently; ¶ [0026]; etc.); and
receiving a wake signal during the window specifying a wake time therein from the remote processing system (Fig. 5, S170; ¶ [0029] calculated optimized time for waking a user is communicated from the base device to the individual sleep device), and generating an output to wake the user at the wake time (Fig. 5, S160; ¶ [0029] individual sleep device triggers the alarm).
Hu does not disclose the wake signal indicates that the user has a sufficient amount and quality of sleep based on an analysis of the physiological data by the remote processing system, or, if the wake signal is not received from the remote processing system during the window, generating the output to wake the user at the end of the window. However, Hu does disclose activating a target alarm without the base alarm device and/or without the analyzed sleep data (e.g., if the base alarm device has been moved out of communication range) (e.g., ¶ [0019]), for example, as a backup alarm (e.g., ¶ [0024]); and discloses the wake signal may be issued dynamically based on the current sleep data of a user (e.g., ¶ [0024]).
Kaislasaari discloses/suggests a method comprising monitoring a physiological signal associated with sleep quality to acquire physiological data, such as heart rate data (e.g., ¶ [0046] sleep data detection device); communicating the physiological data to a remote processing system (e.g., ¶ [0048] data monitored by apparatus 25, which may comprise a smartphone and/or server, may be detected by the sleep data detection device); evaluating historical sleep of the user based on the physiological data from the wireless monitoring device, including prior sleep quality and sleep duration, to identify a sufficient amount of sleep including a predetermined percentage of a sleep need for the user (¶ [0031] determining a sleep recovery need of a user) based on the historical sleep (¶ [0033] sleep recovery may be determined based on a sleep history record; ¶ [0010] detected sleep data is indicative of a quality of sleep and/or amount of sleep) and an explicit user sleep requirement (¶ [0043] a user may input a target percentage or ratio of the determined sleep recovery need that the user desires to achieve); analyzing the physiological data at the remote processing system to determine a current amount and quality of sleep obtained by the user (e.g., ¶ [0049] apparatus 25 may monitor and process the sleep data to determine a real-time gained recovery by the user, such as determining and continually updating the quality and/or amount of sleep); issuing, by the remote processing system, a wake signal during a window (e.g., prior to default alarm time, ¶ [0056]) when the analysis indicates the user has had a sufficient amount and quality of sleep and generating an output to wake the user at a wake time within the window specified by the wake signal (e.g., ¶ [0053] in response to determining that the real-time gained recovery satisfies the sleep recovery need, causing a wake-up alert to be provided via a user interface of a device; ¶ [0043] a user may input a target percentage or ratio of the determined sleep recovery need he/she desires to achieve); and, if the wake signal is not received during the window, generating an output to wake the user at the end of the window (e.g., ¶ [0056] a default alarm will only cause a wake-up alert to be provided via the user interface if the default alarm time is reached, and apparatus 25 has not caused a wake-up alert to be provided in response to determining the real-time gained recovery satisfies the sleep recovery need).
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 Hu to further comprise analyzing, with the remote processing system, historical sleep of the user based on the physiological data from the wireless monitoring device, including a prior sleep duration and quality; identifying a sufficient amount of sleep, including a predetermined percentage of a sleep need for the user, based on the historical analysis of the user and on an explicit user sleep requirement; and issuing the wake signal indicating that the user has a sufficient amount and quality of sleep based on an analysis of the physiological data by the remote processing system as taught/suggested by Kaislasaari in order optimize/further optimize the wake time by dynamically waking the user at a time within the window at which his/her sleep recovery need is satisfied (Kaislasaari, ¶ [0004]; Hu, ¶ [0024]; etc.). Further, 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 Hu with, if the wake signal is not received from the remote processing system during the window, generating the output to wake the user at the end of the window as taught/suggested by Kaislasaari in order to ensure the user does not sleep past his/her latest acceptable wake time (Kaislasaari, ¶ [0056]).
Hu as modified does not expressly disclose the manner in which the onset of the waking interval is calculated, such that Hu does not disclose automatically calculating an onset of the waking interval based on a sleep history for the user. However, Hu does disclose sleep data, including past sleep data, may be used to determine an optimum time to activate a targeted alarm (e.g., ¶ [0014]).
Peterson discloses/suggests a method comprising receiving a user input of an end of a waking interval for waking a user, the end identifying a first time at which an alarm will be issued to wake up the user (e.g., ¶ [0037] logic receives input to the device undertaking the present logic pertaining to a latest time (e.g. threshold time) at which the user desires to wake up based on an alarm activated using the application) and, in response to receiving the user input of the end of the waking interval, automatically calculating an onset time of the waking interval based on a sleep history for the user (e.g., ¶ [0038] logic may determine, identify, and/or estimate (e.g. based on a sleep history) an alarm activation time that may be before the latest time input by the user but still at which the user may have achieved one or more sleep desires and/or sleep goals).
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 Hu with automatically calculating the onset of the waking interval based on a sleep history for the user as taught/suggested by Peterson in order to tailor the waking interval, and therefore the window of increased power consumption (e.g., Hu, ¶ [0015]), to the specific sleep needs, thereby increasing the likelihood the user achieves adequate sleep and/or does not waste time that could be spent on other tasks or detrimentally impact their ability to sleep in the near future (Peterson, ¶ [0002], ¶ [0065]; etc.), while conserving battery of the system components life outside said interval/window (Hu, ¶ [0015]).
Regarding claim 3, Hu as modified discloses/suggests altering the attribute includes an increase of a frequency of communicating the physiological data (e.g., ¶ [0015]).
Regarding claim 11, Hu as modified discloses/suggests the limitations of claim 2, as discussed above, but does not expressly disclose the onset of the window is calculated for the user based on a prior day strain for the user.
Kaislasaari discloses a sleep need (¶ [0031] sleep recovery need, e.g., optimal or ideal sleep quality and/or sleep amounts) for the user may be calculated based on a variety of factors, including a prior day strain for the user (e.g., ¶ [0033] user-related data received prior to a sleep event, such as data indicative of mental stress and/or physical stress of the user).
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 Hu with the onset of the window being calculated for the user based on a prior day strain for the user as taught/suggested by Kaislasaari in order to tailor/further tailor the window to the recent activities of the user, thereby increasing the likelihood the user achieves sufficient recovery and/or does not waste time that could be spent on other tasks or detrimentally impact their ability to sleep in the near future (Kaislasaari, ¶ [0003]; Peterson, ¶ [0002], ¶ [0065]; etc.).
Regarding claim 12, Hu as modified discloses/suggests the physiological data includes heart rate data (Hu, ¶ [0017]; Kaislasaari, ¶ [0046]; etc.), and wherein the remote processing system evaluates sleep of the user based on the heart rate data and determines whether to issue the wake signal based on a quality of the sleep (Kaislasaari, ¶ [0049] apparatus 25 may monitor and process the sleep data to determine a real-time gained recovery by the user, such as determining and continually updating the quality and/or amount of sleep; ¶ [0053] in response to determining that the real-time gained recovery satisfies the sleep recovery need, causing a wake-up alert to be provided via a user interface of a device; etc.).
Regarding claim 13, Hu as modified discloses/suggests the remote processing system evaluates sleep of the user based on the physiological data and determines whether to issue the wake signal based on a stage of the sleep (¶ [0027] alarm is preferably activated when an individual is at the end of a sleep cycle).
Regarding claim 14, Hu as modified discloses/suggests the wireless monitoring device includes a wrist-worn physiological monitor (Fig. 1; ¶ [0016]).
Regarding claim 16, Hu as modified discloses/suggests the remote processing system includes a smart phone associated with the user and the wireless monitoring device (¶ [0013] base device may be a smart phone).
Regarding claim 17, Hu as modified discloses/suggests the remote processing system includes a remote server (Fig. 7, central sleep service platform 130, such as a server, as described in ¶ [0021]) configured to analyze sleep performance based on the physiological signal (¶ [0027] central sleep service platform may be used in the calculation of sleep quality feedback). Alternatively/Additionally, as discussed with respect to claim 2, Kaislasaari (or Hu as modified thereby) discloses the remote processing system, which may include a remote server (Kaislasaari, ¶ [0024]) is configured to analyze sleep performance based on the physiological signal in order to determine when/whether to issue a wake signal/alarm (e.g., Kaislasaari, ¶ [0049], ¶ [0053], etc.).
Regarding claim 18, Hu as modified discloses/suggests the output includes a haptic device or an audio device on the wireless monitoring device (¶ [0028] vibrational motor for outputting a vibrational alarm).
Regarding claim 21, Hu as modified discloses/suggests the wake signal does not include a timestamp indicating a wake up time calculated by the remote processing system (e.g., ¶ [0024] once the alarm command is received the individual sleep device will then activate the alarm according to the command).
Regarding claim 22, Hu discloses/suggests a system comprising:
a wearable physiological monitoring device (Figs. 1, 3, etc., individual sleep device 120), the wearable physiological monitoring device including a memory (Fig. 3, memory) storing a window (Fig. 4, S120; ¶ [0024] transferring user alarm input to the individual sleep device) timewise bounded by an onset for waking a user and an end configured by the user for waking the user from a sleep event (Fig. 4, S110; ¶ [0023] receiving alarm input from on a base device from a user, wherein the alarm input may comprise a user setting an earliest alarm time or a latest alarm time, which sets a window in which a user would like to wake up), the wearable physiological monitoring device further including a haptic output device (vibrational motor 124) and a first wireless interface (communication component 122);
a personal electronic device associated with the user (Fig. 2, base device 110, such as a smart phone, ¶ [0013]), the personal electronic device providing an interface for the user to configure the window (e.g., ¶ [0022]) and a second wireless interface (communication component 112) coupled in a communicating relationship with the first wireless interface of the wearable physiological monitoring device (¶ [0015]); and
a remote processing resource coupled through a data network to the personal electronic device (Fig. 7, networked central sleep service platform 130, such as a server, ¶ [0021]), the remote processing resource configured to receive physiological data acquired by the wearable physiological monitoring device and communicated to the remote processing resource through the personal electronic device (e.g., ¶ [0021]), the remote processing resource further configured to analyze the physiological data (e.g., ¶ [0027]),
wherein the system is configured to receive the end of the window from the user, the end of the window identifying a latest time for the user to wake up; and, in response to receiving the end of the window from the user, automatically calculate the onset of the window (Fig. 4, S110; ¶ [0023] receiving alarm input from on a base device from a user, wherein the alarm input may comprise a user setting a latest alarm time, which sets a window in which a user would like to wake up), the onset identifying a second time at which data from a wearable physiological monitor will be used to calculate a waking time for the user (e.g., ¶ [0027] analyzing sleep data to identify an optimal time to wake an individual e.g., at the end of a sleep cycle);
analyze the physiological data and issue a wake signal to the wearable physiological monitoring device prior to the end of the window when a suitable waking time is identified (e.g., ¶ [0024] dynamic sleep alarm based on the current sleep data of a user; ¶ [0029] optimized time for waking a user; etc.), and wherein the wearable physiological monitoring device is responsive to a receipt of the wake signal from the remote processing resource by outputting a signal to the haptic output device to wake the user (e.g., ¶ [0029] individual sleep device triggers the alarm based on the calculated time; ¶ [0028] where the alarm is a vibrational alarm; etc.).
Hu does not disclose the system is configured to analyze the physiological data by determining a duration of sleep by the user based on the physiological data and determining a quality of sleep by the user based on the physiological data; and identify a suitable waking time for the user based on the quality and duration of sleep by the user.
Kaislasaari discloses/suggests system comprising a remote processing resource (apparatus 25, e.g., ¶ [0024]) configured to analyze physiological data by determining a duration of sleep by the user based on the physiological data and determining a quality of sleep by the user based on the physiological data (¶ [0049] apparatus 25 may monitor and process the sleep data to determine a real-time gained recovery by the user, such as determining and continually updating the quality and/or amount of sleep); identify a suitable waking time for the user based on the quality and duration of sleep by the user and issue a wake signal prior to the end of a window (e.g., prior to default alarm time, ¶ [0056]) when the suitable waking time is before the end of the window (e.g., ¶ [0053] in response to determining that the real-time gained recovery satisfies the sleep recovery need, causing a wake-up alert to be provided via a user interface of a device; ¶ [0056]; etc.).
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 system of Hu to be configured to analyze the physiological data by determining a duration of sleep by the user based on the physiological data and determining a quality of sleep by the user based on the physiological data; identify a suitable waking time for the user based on the quality and duration of sleep by the user; and issue a wake signal to the wearable physiological monitoring device prior to the end of the window when the suitable waking time is before the end of the window as taught/suggested by Kaislasaari in order further optimize the wake time by dynamically waking the user at a time within the window at which his/her sleep recovery need is satisfied (Kaislasaari, ¶ [0004]; Hu, ¶ [0024]; etc.).
Hu as modified does not expressly disclose the manner in which the onset of the waking interval is calculated, such that Hu does not disclose automatically calculating an onset of the waking interval based on a sleep history for the user. However, Hu does disclose sleep data, including past data, may be used to determine an optimum time to activate a targeted alarm (e.g., ¶ [0014]).
Peterson discloses/suggests a method comprising receiving a user input of an end of a waking interval for waking a user, the end identifying a first time at which an alarm will be issued to wake up the user (e.g., ¶ [0037] logic receives input to the device undertaking the present logic pertaining to a latest time (e.g. threshold time) at which the user desires to wake up based on an alarm activated using the application) and, in response to receiving the user input of the end of the waking interval, automatically calculating an onset time of the waking interval based on a sleep history for the user (e.g., ¶ [0038] logic may determine, identify, and/or estimate (e.g. based on a sleep history) an alarm activation time that may be before the latest time input by the user but still at which the user may have achieved one or more sleep desires and/or sleep goals).
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 system of Hu to be configured for automatically calculating the onset of the waking interval based on a sleep history for the user as taught/suggested by Peterson in order to tailor the waking interval, and therefore the window of increased battery consumption (e.g., Hu, ¶ [0015]), to the specific sleep needs and/or recent activities of the user, thereby increasing the likelihood the user achieves adequate sleep and/or does not waste time that could be spent on other tasks or detrimentally impact their ability to sleep in the near future (Peterson, ¶ [0002], ¶ [0065]; etc.), while conserving battery of the system components life outside said interval/window (Hu, ¶ [0015]).
While Hu does not expressly disclose the remote processing resource (e.g., server) is configured for the above-noted functions, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the system of Hu with said analysis being performed by the remote processing resource because Applicant has not disclosed that such an arrangement provides an advantage, is used for a particular purpose, or solves a stated problem, particularly if suitable local processing resources are available. Rather, Applicant expressly discloses, "As noted above, while the foregoing generally contemplates the use of remote resources to analyze sleep and/or calculate a suitable waking time, this processing may also be performed locally, e.g., on a user's local computing device, or, if the physiological monitor has sufficient processing resources, directly on the physiological monitor" (¶ [0069]). Therefore, as no and/or insufficient evidence has been provided to the contrary, one of ordinary skill in the art would have expected Applicant's invention to perform equally well with the smartphone analyzing the physiological data and conditionally issuing the wake signal as taught/suggested by Hu because either configuration enables waking a user at an optimal time.
Alternatively/Additionally, as noted above, Kaislasaari discloses/suggests a comparable system comprising a remote processing resource, such as a server (apparatus 25, which may be a server), configured to perform the above-noted functions, wherein a server is disclosed as a suitable alternative to performing said functions using a personal electronic device (e.g., smartphone) (e.g., ¶ [0024]). 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 system of Hu with the remote processing resource of the system being configured to perform the above-noted functions as taught and/or suggested by Kaislasaari in order to reduce power usage and/or processing requirements of the user's smartphone and/or as a simple substitution of one suitable arrangement for waking a user at an optimal time for another to yield no more than predictable results. See MPEP 2143(I)(B).
Claim(s) 15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Kaislasaari and Peterson as applied to claim(s) 2 above, and further in view of US 2016/0302706 A1 (previously cited, Richards).
Regarding claim 15, Hu as modified discloses/suggests the limitations of claim 2, as discussed above, but does not expressly disclose the wireless monitoring device includes a PPG sensor. However, Hu does disclose any suitable sensor may alternatively be used.
Richards discloses/suggests a comparable method comprising monitoring a physiological signal associated with sleep quality with the wireless monitoring device to acquire physiological data (Fig. 1, biometric monitoring device; ¶ [0074] where said device gathers data representative of the wearer's interaction with the environment (e.g., motion data) and/or physiological data; ¶ [0277] heart rate; heart rate variability, motion, skin temperature, etc.), wherein the wireless monitoring device includes a PPG sensor (¶ [0129] wrist-worn optical heart rate monitor; ¶ [0090] heart rate measurements/data acquired using PPG; etc.).
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 Hu with the wireless monitoring device including a PPG device as taught/suggested by Richards as a simple substitution of one suitable type of wireless monitoring device suitable for monitoring a physiological signal associated with sleep quality for another to yield no more than predictable results. See MPEP 2143(I)(B).
Regarding claim 19, Hu as modified discloses/suggests the limitations of claim 2, as discussed above, and further discloses the output includes an audio device (e.g., ¶ [0016] a second alarm (such as an audio alarm) may be included), but does not expressly disclose the audio device is on a smart phone associated with the user.
Richards discloses/suggests a comparable method comprising generating an output to wake a user at a wake time, wherein the output includes an audio device on a smart phone associated with the user (¶¶ [0105]-[0106] secondary device, which may comprise a smartphone, may act as a backup alarm (e.g., using an audio speaker)).
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 Hu with the output including an audio device on a smart phone associated with the user as taught/suggested by Richards in order to provide a secondary or backup alarm to awaken the user (Hu, ¶ [0016]; Richards, ¶ [0106]).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Kaislasaari and Peterson as applied to claim(s) 2 above, and further in view of US 2006/0293608 A1 (previously cited, Rothman).
Regarding claim 20, Hu as modified discloses/suggests the limitations of claim 2, as discussed above, but does not expressly disclose the wake signal includes a timestamp indicating a wakeup time calculated by the remote processing system. However, Hu does disclose the monitoring device may comprise a timer that functions to maintain the current time (e.g., ¶ [0019]).
Rothman discloses a processing device may send a wake signal including a timestamp to an alarm device indicating a wakeup time calculated by said processing device (¶ [0033] sending an output to alarm portion 18 indicating a time in the future when to sound an alarm to wake the user).
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 Hu with the wake signal including a timestamp indicating a wake up time calculated by the remote processing system as taught/suggested by Rothman in order to facilitate providing, to an alarm/output device, a future predicted optimal wake time estimate within the user-specified window and/or adjusting said estimate as new sleep data is, e.g., periodically, received (Rothman, ¶ [0048]).
Response to Arguments
Applicant's arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: US 2021/0082305 A1 to Dickinson discloses/suggests identifying an optimal wakeup window given a user-specified latest wake time and collected sleep data (e.g., ¶ [0053]).
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/Meredith Weare/Primary Examiner, Art Unit 3791
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