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 .
Response to Amendment
The amendment to the claims filed 06 October 2025 has been entered. Claim(s) 1, 2, 12 and 22-23 is/are currently amended. Claim(s) 4 has/have been canceled. Claim(s) 1-3 and 5-23 is/are pending.
Rejections Withdrawn
Rejections under 35 U.S.C. 112(b) (or pre-AIA 35 U.S.C. 112, second paragraph) not reproduced below has/have been withdrawn in view of Applicant's amendments to the claims and/or submitted remarks.
Claim Interpretation
As noted in the prior Office action (mailed 07 May 2025), claim(s) 2 and 22-23 has/have been interpreted to invoke 35 U.S.C. 112(f) (or pre-AIA 35 U.S.C. 112, sixth paragraph).
Claim Objections
Claim(s) 23 is/are objected to because of the following informalities: "based on a quality of sleep by user" should be corrected to "based on a quality of sleep by the user."
Appropriate correction is required.
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, 5-9, 12-14, 16-18 and 21-23 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).
Regarding claim 1, Hu teaches/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:
storing a window on a wearable physiological monitor (individual sleep device 120) (Fig. 4, S120; ¶ [0024] transferring user alarm input to the individual sleep device), the window configured by a user for waking the user from a sleep event and the window timewise bounded by an onset of a waking interval and an end 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 an earliest alarm time or a latest alarm time, which sets a window in which a user would like to wake up);
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 the 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 window, 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]);
processing the physiological at the smart phone and issuing a wake signal from the smart phone to awaken the user before the end of the window (¶ [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 to determine a duration of sleep by the user; and issuing a wake signal to awaken the user before the end of the window 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]). Further, 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 (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, generating a haptic 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 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 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 window 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 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 window as taught and/or suggested by Kaislasaari in order to ensure the user does not sleep past his/her latest acceptable wake time (Kaislasaari, ¶ [0056]).
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 claim 2, Hu discloses/suggests a method comprising:
storing a window on a wireless monitoring device (individual sleep device 120) (Fig. 4, S120; ¶ [0024] transferring user alarm input to the individual sleep device), the window configured by a user for waking the user from a sleep event and the window timewise bounded by an onset and an end (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);
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 an onset of the window, communicating the physiological data from the wireless monitoring device to a remote processing system (Figs. 1, 7, etc., base alarm device 110, such as a smart phone, and/or central sleep service platform 130, such as a server) (¶ [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); analyzing the physiological data at the remote processing system to determine the 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 with 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 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]).
Regarding claim 3, Hu as modified teaches and/or suggests altering the attribute includes an increase of a frequency of communicating the physiological data (e.g., ¶ [0015]).
Regarding claim 5-6, Hu as modified teaches and/or suggests the user provides the end to the window as a time when the user must wake up or the user provides the onset to the window as an earliest time when the user wishes to wake up (¶ [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).
Regarding claim 7-9, Hu as modified teaches and/or suggests at least one of the onset and the end of the window is automatically calculated for the user by automatically calculating the onset of the window in response to a selection by the user of the end of the window or automatically calculating the end of the window in response to a selection by the user of the onset of the window (e.g., ¶ [0023] where a user setting either an earliest alarm time or a latest alarm time sets a window in which a user would like to wake up).
Regarding claim 12, Hu as modified teaches/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 teaches and/or 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 teaches and/or suggests the wireless monitoring device includes a wrist-worn physiological monitor (Fig. 1; ¶ [0016]).
Regarding claim 16, Hu as modified teaches and/or 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 teaches and/or 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 teaches and/or 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 teaches and/or 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 teaches/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 and an end configured by a 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 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.).
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).
Regarding claim 23, Hu teaches/suggests a method comprising:
acquiring physiological data with a wearable monitoring device (individual sleep device 120) of a user during a sleep interval (Fig. 4, S130; ¶ [0025]);
storing the physiological data in a memory of the wearable monitoring device (¶ [0018]; ¶ [0026]; etc.);
batch transferring the physiological data from the sleep interval to a remote processing resource (e.g., base device 110) for evaluation of a wake time for the user at a beginning of a window for waking the user (¶ [0026] individual sleep device may store nearly a full night's worth of sleep data and according to the alarm setting transfers the sleep metric data to the base device, e.g., transfer the stored data an hour to thirty minutes before an alarm);
continuously transmitting additional physiological data to the remote processing resource during the window (¶ [0015] as the time approaches for the individual to be awakened, the wireless communication components 112 and 122 preferably communicate more frequently; ¶ [0026] communicating every minute within an hour of an alarm; ¶ [0024] dynamic sleep alarm based on current sleep data; etc.) and
generating a waking alarm for the user at receipt of a wake signal from a remote processing resource (¶ [0024] dynamic sleep alarm based on current sleep data of a user; ¶ [0027] determining when an alarm should be activated; etc.).
While Hu discloses a static (e.g., at a set alarm time) can be used as a backup alarm in dynamic alarm embodiments (e.g., ¶ [0024]), Hu does not expressly disclose generating a waking alarm for the user at an earliest of an expiration of the window or a receipt of a wake signal from the remote processing resource. Further, Hu does not disclose the wake signal is based on a suitable wake time determined by the remote processing resource based on a quality of sleep by the user during the sleep interval, as evaluated by the remote processing resource using the physiological data.
Kaislasaari discloses/suggests a method comprising generating a waking alarm for the user at an earliest of an expiration of the window or a receipt of a wake signal from the remote processing resource (apparatus 25) (e.g., ¶ [0056]), wherein the wake signal is based on a suitable wake time determined by a remote processing resource based on a quality of sleep by user during the sleep interval, as evaluated by the remote processing resource using the physiological data (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; ¶ [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.).
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 being based on a suitable wake time determined by the remote processing resource based on a quality of sleep by the user during the sleep interval as evaluated by the remote processing resource using the physiological data 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.). 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 generating a waking alarm at an expiration of the window (e.g., if no wake signal is received prior thereto) as taught/suggested by Kaislasaari in order to ensure the user does not sleep past his/her latest acceptable wake time (Kaislasaari, ¶ [0056]).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Kaislasaari as applied to claim(s) 2 above, and further in view of US 2016/0022202 A1 (Peterson).
Regarding claims 10-11, Hu as modified teaches and/or suggests the limitations of claim 2, as discussed above, but does not disclose at least one of the onset and the end of the window is calculated for the user based on a sleep need of 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).
Peterson discloses a method comprising receiving an end time of a window for waking a 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 calculating an onset time of the window that is before the received end time based on one or more sleep desires/goals (e.g., ¶ [0038] logic may determine, identify, and/or estimate 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 at least one of the onset and the end of the window being calculated for the user based on a sleep need of the user, wherein the sleep need is determined based on a prior day strain for the user, as taught and/or suggested by Kaislasaari and Peterson in order to tailor the window to the specific sleep needs and/or recent activities of the user, 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.).
Claim(s) 15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Kaislasaari 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 teaches and/or 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 teaches/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 teaches and/or 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 teaches/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 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 teaches and/or suggests the limitations of claim 2, as discussed above, but does not expressly disclose the wake signal includes a timestamp indicating a wake up 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 wake up 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(s) 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: see attached PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/Meredith Weare/Primary Examiner, Art Unit 3791