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 .
Response to Arguments
Applicant's arguments filed 10/7/2025 have been fully considered but they are not persuasive. The remarks relate to the amended and new claims, for which new references are being used as set forth below, and thus do not apply to the current rejection.
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.
Claim(s) 21, 23, 24, 26, 28, 30, 31, 33, 34, 36, 37, and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paalasma (US Patent Application Publication 20150173671) in view of Heneghan (US Patent Application Publication 20160287122) further in view of Sullivan (US Patent Application Publication 20130310657) further in view of Holman (US Patent Application Publication 20090070929).
Regarding claim 21, Paalasma teaches a systems comprising: a mattress to support a left-side user on a left-side portion and a right-side user on a right-side portion (Figure 1; 110), a bedframe (Paragraph 66) configured to support the mattress, at least one left side acoustic sensor (Figure 2; 240a (Examiner notes this acoustic sensor may be placed on the left or right side, but will be designated as the left side sensor for purposes of the rejection)) configured to sense acoustic energy in the environment of the left-side user, wherein at least some of the acoustic energy in the environment of the left-side user and of the right- side user is created by the left-side user and wherein at least some of the acoustic energy in the environment of the left-side user and of the right-side user is created by the right-side user (Paragraph 70); at least one pressure sensor (Figure 1; 120a and 120b and Paragraph 66) configured to sense pressure applied to the left-side portion by the left-side user and applied to the right-side portion by the right-side user; and a controller (Figure 1; 150) comprising memory and at least one processor (Paragraph 68), the controller configured to: maintain a left/right/no- snore classifier configured to: receive, as input, data from at least one left-side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure pressure stream; return, as output, a left/right/no-snore object; receive the at least one left-side acoustic stream from the at least one left-side acoustic sensor;; receive the at least one left-side pressure stream from the at least one pressure sensor; receive the at least one right-side pressure stream from the at least one pressure sensor; provide, as input to the left/right/no-snore classifier, the data from i) the at least one left-side acoustic stream, iii) the at least one left-side pressure stream, and iv) the at least one right-side pressure stream from the at least one acoustic stream and the at least one pressure stream (Figure 6; 620, 610a, 610b, and Paragraph 78-79); and receive, as output from the left/right/no-snore classifier, the left/right/no- snore object (Figure 6; and Paragraphs 78-79 describe analyzing an acoustic stream alongside a pressure stream (Paragraph 71 notes that heartbeat which is the data shown by 610a and 610b in Figure 6, can be measured using force sensors), and determining whether snoring is present and which occupant of the bed is snoring. This would necessarily be done using a classifier of left/right/no snoring with an output object of left, right, or no snoring). Paalasma does not specifically teach using objects and classifiers to analyze the data (although doing so would be necessary to implement the teachings of Paalasma), and at least one right-side acoustic sensor configured to sense acoustic energy in the environment of the right-side user, the controller configured to receive, as input, data from ii) at least one right-side acoustic stream in addition to the other sensed data streams, receive the at least one right-side acoustic stream from the at least one right-side acoustic sensor, and provide, as input to the left/right/no-snore classifier, the data from i) the at least one left-side acoustic stream, ii) the at least one right-side acoustic stream, and the left side and right side acoustic sensors being embedded in the bedframe. Heneghan teaches using objects and classifiers to analyze, classify, and output sensed breathing/apnea data (Paragraphs 312-313). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Sullivan teaches at least one right-side acoustic sensor configured to sense acoustic energy in the environment of the right-side user (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80), the controller configured to receive, as input, data from ii) at least one right-side acoustic stream in addition to the other sensed data streams, receive the at least one right-side acoustic stream from the at least one right-side acoustic sensor, and provide, as input to the left/right/no-snore classifier, the data from i) the at least one left-side acoustic stream, ii) the at least one right-side acoustic stream (Paragraph 86 describes filtering excess noise from two audio sensors, which would include separating sounds in order to achieve sensor signals. See also Paragraph 96. Additionally, when applied to the system of Paalasma, the stream from the right side sensor would be added to the data analysis as shown in Figure 6 of Paalasma. Examiner further notes that Paalasma, in Paragraph 78, says, when discussing Figure 6, "In an embodiment for example mobile phone(s) of the person or persons sleeping is used as an audio sensor." Paalasma's use of the word "phone(s)" indicates that Paalasma himself envisions multiple audio sensors for data streams. See also Paragraph 79 of Paalasma which describes an embodiment with multiple audio sensors and corresponding data analysis). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86). Holman teaches and the left side and right side acoustic sensors being embedded in the bedframe (Figure 9; 40 and Paragraph 47). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors embedded in a bedframe. One of ordinary skill in the art would have been motivated to make such a combination “to provide for remote computer access to check in and monitor…activity.” (Holman Abstract).
Regarding claim 23, Paalasma teaches the controller is further configured to: identify, from the left/right/no-snore object, a snore state for the left side user; and identify, from th left/right/no-snore object, a snore state for the right side user (Paragraph 79).
Regarding claim 24, Paalasma does not teach the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a machine-learning model generated from a machine-learning process ona corpus of training data. Heneghan teaches the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a machine- learning model generated from a machine-learning process on a corpus of training data (Paragraph 312). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Paalasma and Heneghan do not teach a right side acoustic stream. Sullivan teaches a right side acoustic stream (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86).
Regarding claim 26, Paalasma teaches the left/right/no-snore categorization involves a category for the left-side user and the right-side user (Figure 6; and Paragraphs 78-79 describe analyzing an acoustic stream alongside a pressure stream (Paragraph 71 notes that heartbeat which is the data shown by 610a and 610b in Figure 6, can be measured using force sensors), and determining whether snoring is present and which occupant of the bed is snoring). Paalasma does not specifically teach the left/right/no-snore object is a data object comprising a first data field recording a snore parameter for the left-side user and a second data field recording a snore parameter for the right-side user. Henegman teaches using classifiers with objects defining parameters for each desired output result on sensed data (Paragraphs 312- 318). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312).
Regarding claim 28, Paalasma teaches a controller (Figure 1; 150) comprising memory and at least one processor (Paragraph 68), the controller configured to: maintain a left/right/no- snore classifier configured to: receive, as input, from a bedframe (Paragraph 66) configured to support the mattress, data from at least one left-side acoustic stream from at least one left side acoustic sensor (Figure 2; 240a and Figure 6; 620 (Examiner notes this acoustic sensor may be placed on the left or right side, but will be designated as the left side sensor for purposes of the rejection)), at least one left-side pressure stream (Figure 6; 610a), and at least one right-side pressure stream (Figure 6; 610b); return, as output, a left/right/no-snore object; receive the at least one left-side acoustic stream from at least one left-side acoustic sensor (Figure 2; 240a); receive the at least one left-side pressure stream from at least one pressure sensor (Figure 1; 120a and 120b and Paragraph 66); receive the at least one right-side pressure stream from the at least one pressure sensor (Figure 1; 120a and 120b and Paragraph 66); provide, as input to the left/right/no-snore classifier, the data from i) the at least one left-side acoustic stream, iii) the at least one left-side pressure stream, and iv) the at least one right-side pressure stream (Figure 6; 620, 610a, 610b, and Paragraph 78-79) the at least one acoustic stream and the at least one pressure stream; and receive, as output from the left/right/no-snore classifier, the left/right/no-snore object (Figure 6; and Paragraphs 78-79 describe analyzing an acoustic stream alongside a pressure stream (Paragraph 71 notes that heartbeat which is the data shown by 610a and 610b in Figure 6, can be measured using force sensors), and determining whether snoring is present and which occupant of the bed is snoring. This would necessarily be done using a classifier of left/right/no snoring with an output object of left, right, or no snoring). Paalasma does not specifically teach using objects and classifiers to analyze the data (although doing so would be necessary to implement the teachings of Paalasma) and ii) at least one right-side acoustic stream from at least one right side acoustic sensor, receive the at least one right-side acoustic stream from at least one right-side acoustic sensor, provide, as input to the left/right/no-snore classifier, the data from ii) the at least one right- side acoustic stream, and the left side and right side acoustic sensors being embedded in the bedframe. Heneghan teaches using objects and classifiers to analyze, classify, and output sensed breathing/apnea data (Paragraphs 312-313). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Sullivan teaches at least one right-side acoustic stream from at least one right side acoustic sensor (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80), receive the at least one right-side acoustic stream from at least one right-side acoustic sensor, provide, as input to the left/right/no-snore classifier, the data from ii) the at least one right- side acoustic stream (Paragraph 86 describes filtering excess noise from two audio sensors, which would include separating sounds in order to achieve sensor signals. See also Paragraph 96. Additionally, when applied to the system of Paalasma, the stream from the right side sensor would be added to the data analysis as shown in Figure 6 of Paalasma. Examiner further notes that Paalasma, in Paragraph 78, says, when discussing Figure 6, "In an embodiment for example mobile phone(s) of the person or persons sleeping is used as an audio sensor." Paalasma's use of the word "phone(s)" indicates that Paalasma himself envisions multiple audio sensors for data streams. See also Paragraph 79 of Paalasma which describes an embodiment with multiple audio sensors and corresponding data analysis). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86). Holman teaches and the left side and right side acoustic sensors being embedded in the bedframe (Figure 9; 40 and Paragraph 47). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors embedded in a bedframe. One of ordinary skill in the art would have been motivated to make such a combination “to provide for remote computer access to check in and monitor…activity.” (Holman Abstract).
Regarding claim 30, Paalasma teaches the controller is further configured to: identify, from the left/right/no-snore object, a snore state for a left side user; and identify, from the left/right/no-snore object, a snore state for a right side user (Paragraph 79).
Regarding claim 31, Paalasma does not teach the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a machine-learning model generated from a machine-learning process ona corpus of training data. Heneghan teaches the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a machine- learning model generated from a machine-learning process on a corpus of training data (Paragraph 312). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Paalasma and Heneghan do not teach a right side acoustic stream. Sullivan teaches a right side acoustic stream (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86).
Regarding claim 33, Paalasma teaches the left/right/no-snore categorization involves a category for the left user and the right user (Figure 6; and Paragraphs 78-79 describe analyzing an acoustic stream alongside a pressure stream (Paragraph 71 notes that heartbeat which is the data shown by 610a and 610b in Figure 6, can be measured using force sensors), and determining whether snoring is present and which occupant of the bed is snoring). Paalasma does not specifically teach the left/right/no-snore object is a data object comprising a first data field recording a snore parameter for the left user and a second data field recording a snore parameter for the right user. Henegman teaches using classifiers with objects defining parameters for each desired output result on sensed data (Paragraphs 312-318). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312).
Regarding claim 34, Paalasma teaches a method comprising: maintaining a left/right/no- snore classifier configured to: receive, as input, from a bedframe (Paragraph 66) configured to support the mattress, data from at least one left-side acoustic stream from at least one left-side acoustic sensor ((Figure 2; 240a and Figure 6; 620 (Examiner notes this acoustic sensor may be placed on the left or right side, but will be designated as the left side sensor for purposes of the rejection)), iii) at least one left-side pressure stream (Figure 6; 610a) and at least one right-side pressure stream (Figure 6; 610b); return, as output, a left/right/no-snore object; receiving the at least one left-side acoustic stream from at least one left-side acoustic sensor (Figure 6; 620); receiving the at least one left-side pressure stream from at least one pressure sensor (Figure 1; 120a and 120b and Paragraph 66); receiving the at least one right-side pressure stream from the at least one pressure sensor (Figure 1; 120a and 120b and Paragraph 66); providing, as input to the left/right/no-snore classifier, the data from i) the at least one left-side acoustic stream, iii) the at least one left-side pressure stream, and iv) the at least one right-side pressure stream from the at least one acoustic stream and the at least one pressure stream (Figure 6; 620, 610a, 610b, and Paragraph 78-79); and receiving, as output from the left/right/no-snore classifier, the left/right/no-snore object (Figure 6; and Paragraphs 78-79 describe analyzing an acoustic stream alongside a pressure stream (Paragraph 71 notes that heartbeat which is the data shown by 610a and 610b in Figure 6, can be measured using force sensors), and determining whether snoring is present and which occupant of the bed is snoring. This would necessarily be done using a classifier of left/right/no snoring with an output object of left, right, or no snoring). Paalasma does not specifically teach using objects and classifiers to analyze the data (although doing so would be necessary to implement the teachings of Paalasma), and ii) at least one right- side acoustic stream from at least one right side acoustic sensor, receiving the at least one right-side acoustic stream from at least one right-side acoustic sensor, providing, as input to the left/right/no-snore classifier, the data from ii) the at least one right-side acoustic stream, and the left side and right side acoustic sensors being embedded in the bedframe. Heneghan teaches using objects and classifiers to analyze, classify, and output sensed breathing/apnea data (Paragraphs 312-313). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Sullivan teaches at least one right-side acoustic stream from at least one right side acoustic sensor (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80), receiving the at least one right-side acoustic stream from at least one right-side acoustic sensor, providing, as input to the left/right/no-snore classifier, the data from ii) the at least one right-side acoustic stream (Paragraph 86 describes filtering excess noise from two audio sensors, which would include separating sounds in order to achieve sensor signals. See also Paragraph 96. Additionally, when applied to the system of Paalasma, the stream from the right side sensor would be added to the data analysis as shown in Figure 6 of Paalasma. Examiner further notes that Paalasma, in Paragraph 78, says, when discussing Figure 6, "In an embodiment for example mobile phone(s) of the person or persons sleeping is used as an audio sensor." Paalasma's use of the word "phone(s)" indicates that Paalasma himself envisions multiple audio sensors for data streams. See also Paragraph 79 of Paalasma which describes an embodiment with multiple audio sensors and corresponding data analysis). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86). Holman teaches and the left side and right side acoustic sensors being embedded in the bedframe (Figure 9; 40 and Paragraph 47). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors embedded in a bedframe. One of ordinary skill in the art would have been motivated to make such a combination “to provide for remote computer access to check in and monitor…activity.” (Holman Abstract).
Regarding claim 36, Paalasma teaches wherein the method further comprises: identifying, from the left/right/no-snore object, a snore state for a left side user; and identifying, from the left/right/no-snore object, a snore state for a right side user (Paragraph 79).
Regarding claim 37, Paalasma does not teach the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a machine-learning model generated from a machine-learning process ona corpus of training data. Heneghan teaches the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a machine- learning model generated from a machine-learning process on a corpus of training data (Paragraph 312). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Paalasma and Heneghan do not teach a right side acoustic stream. Sullivan teaches a right side acoustic stream (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86).
Regarding claim 39, Paalasma teaches the left/right/no-snore categorization involves a category for the left user and the right user (Figure 6; and Paragraphs 78-79 describe analyzing an acoustic stream alongside a pressure stream (Paragraph 71 notes that heartbeat which is the data shown by 610a and 610b in Figure 6, can be measured using force sensors), and determining whether snoring is present and which occupant of the bed is snoring). Paalasma does not specifically teach the left/right/no-snore object is a data object comprising a first data field recording a snore parameter for the left user and a second data field recording a snore parameter for the right user. Henegman teaches using classifiers with objects defining parameters for each desired output result on sensed data (Paragraphs 312-318). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312).
Claim(s) 22, 27, 29, and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paalasma (US Patent Application Publication 20150173671) in view of Heneghan (US Patent Application Publication 20160287122) further in view of Sullivan (US Patent Application Publication 20130310657) further in view of Holman (US Patent Application Publication 20090070929) further in view of Dusanter (US Patent Application Publication 20160015314).
Regarding claim 22, Paalasma does not teach the controller is further configured to send an instruction to drive a controllable device to the controllable device responsive to receiving the left/right/no-snore object. Dusanter teaches the controller is further configured to send an instruction to drive a controllable device to the controllable device responsive to receiving the left/right/no-snore object (Paragraph 141 describes using sensed data, including sensed snore data, to control devices such as light and sound programs). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) ) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and Dusanter (directed to a controller controlling devices based on sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users and to control devices based upon that data with dual acoustic sensors embedded in a bed frame. One of ordinary skill in the art would have been motivated to make such a combination to "provide the user with improved personalized assistance in his/her sleep" as taught in Dusanter (Paragraph 146).
Regarding claim 27, Paalasma teaches the system further comprises a controller configured to: maintain a snore-presence classifier configured to: receive, as input, data from the at least one left-side acoustic stream, the at least one left-side pressure stream and the at least one right-side pressure stream; return, as output, a snore-presence object; maintain a left/right classifier configured to: receive, as input, data from the at least one left-side acoustic stream, iii) the at least one left-side pressure stream, and the at least one right-side pressure stream; return, as output, a left/right object receive the at least one left-side acoustic stream from the at least one left-side acoustic sensor; receive the at least one left-side pressure stream from the at least one left-side pressure sensor; receive the at least one right-side pressure stream from the at least one pressure sensor; provide, as input to the snore-presences classifier, the data from the at least one left-side acoustic stream, the at least one left-side pressure stream, and the at least one right-side pressure stream; and receive, as output from the snore presences classifier, the snore- presences object; determine, from the snore-presences object, that snore is present in the second data from the at least one left-side acoustic stream, iii) the at least one left-side pressure stream, and the at least one right-side pressure stream; and responsive to determining that snore is present in the data, provide, as input to the left/right classifier, the second data from i)the at least one left-side acoustic stream, iii) the at least one left-side pressure stream, and iv) the_at least one right-side pressure stream and receive, as output from the left/right classifier, the left/right object (Figure 6; and Paragraphs 78-79 describe analyzing an acoustic stream (which may be designated as left side) alongside a left and right pressure stream (Paragraph 71 notes that heartbeat which is the data shown by 610a and 610b in Figure 6, can be measured using force sensors). Paalasma does not teach that the analysis of the sensor data involves using classifiers and objects, and a second controller configured to analyze second data from the acoustic and pressure streams; and ii) the at least one right-side acoustic stream, receive, as input, the second data from the at least one right-side acoustic stream, receive the at least one right-side acoustic stream from the at least one right- side acoustic sensor, input to the snore classifier, the second data from the at least one right- side acoustic stream, determine, from the snore-presences object, that snore is present in the second data from the at least one right-side acoustic stream, provide, as input to the lef/right classifier the at least one right-side acoustic stream. Henegman teaches the analysis of the sensor data involves using classifiers and objects (Paragraphs 312-313). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Paalasma in view of Henegman does not teach a second controller configured to analyze second data from the acoustic and pressure streams, and ii) the at least one right-side acoustic stream, receive, as input, the second data from the at least one right-side acoustic stream, receive the at least one right-side acoustic stream from the at least one right-side acoustic sensor, input to the snore classifier, the second data from the at least one right-side acoustic stream, determine, from the snore-presences object, that snore is present in the second data from the at least one right-side acoustic stream, provide, as input to the lef/right classifier the at least one right-side acoustic stream. Sullivan teaches ii) the at least one right-side acoustic stream (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80), receive, as input, the second data from the at least one right-side acoustic stream, receive the at least one right-side acoustic stream from the at least one right-side acoustic sensor, input to the snore classifier, the second data from the at least one right-side acoustic stream, determine, from the snore-presences object, that snore is present in the second data from the at least one right-side acoustic stream, provide, as input to the lef/right classifier the at least one right-side acoustic stream (Paragraph 86 describes filtering excess noise from two audio sensors, which would include separating sounds in order to achieve sensor signals. See also Paragraph 96. Additionally, when applied to the system of Paalasma, the stream from the right side sensor would be added to the data analysis as shown in Figure 6 of Paalasma. Examiner further notes hat Paalasma, in Paragraph 78, says, when discussing Figure 6, "In an embodiment for example mobile phone(s) of the person or persons sleeping is used as an audio sensor." Paalasma's use of the word "phone(s)" indicates that Paalasma himself envisions multiple audio sensors for data streams. See also Paragraph 79 of Paalasma which describes an embodiment with multiple audio sensors and corresponding data analysis). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86). Dusanter teaches a second controller configured to analyze second data from the acoustic and pressure streams (Paragraphs 154-156 describe a situation where data from two users is sensed, and the data is sent to the mobile terminals of each user, or to the bedside unit and the mobile terminal. In that case, there would be two controllers (either each mobile terminal, or the bedside unit and the mobile terminal), and the data sent to the second controller could be designated the "second data", which would be analyzed in the same manner as the data sent to the first controller, as taught in Paalasma, and used to classify snoring on each controller as present, left side user, or right side user, in order to display that data to the user, allow for communication, etc. as taught by Dusanter). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Dusanter (directed to a controller analyzing sensed data of two sleepers using two controllers) and Holman (directed to acoustic sensors embedded in a bed frame) and arrived at two controllers using objects and classifiers to categorize sensed breathing data of two users in a mattress with two acoustic sensors embedded in a bed frame. One of ordinary skill in the art would have been motivated to make such a combination to "help to assess the influences of each user on his/her partner" as taught in Dusanter (Paragraph 154).
Regarding claim 29, Paalasma does not teach the controller is further configured to send an instruction to drive a controllable device to the controllable device responsive to receiving the left/right/no-snore object. Dusanter teaches the controller is further configured to send an instruction to drive a controllable device to the controllable device responsive to receiving the left/right/no-snore object (Paragraph 141 describes using sensed data, including sensed snore data, to control devices such as light and sound programs). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and Dusanter (directed to a controller analyzing sensed data of two sleepers using two controllers) and arrived at two controllers using objects and classifiers to categorize sensed breathing data of two users in a mattress with two acoustic sensors embedded in a bed frame. One of ordinary skill in the art would have been motivated to make such a combination to "provide the user with improved personalised assistance in his/her sleep" as taught in Dusanter (Paragraph 146).
Regarding claim 35, Paalasma does not teach the method further comprises sending an instruction to drive a controllable device to the controllable device responsive to receiving the left/right/no-snore object. Dusanter teaches the method further comprises sending an instruction to drive a controllable device to the controllable device responsive to receiving the left/right/no-snore object (Paragraph 141 describes using sensed data, including sensed snore data, to control devices such as light and sound programs). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and Dusanter (directed to a controller analyzing sensed data of two sleepers using two controllers) and arrived at two controllers using objects and classifiers to categorize sensed breathing data of two users in a mattress with two acoustic sensors embedded in a bed frame. One of ordinary skill in the art would have been motivated to make such a combination to "provide the user with improved personalised assistance in his/her sleep" as taught in Dusanter (Paragraph 146).
Claim(s) 25, 32, and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paalasma (US Patent Application Publication 20150173671) in view of Heneghan (US Patent Application Publication 20160287122) further in view of Sullivan (US Patent Application Publication 20130310657) further in view of Holman (US Patent Application Publication 20090070929) further in view of Momeni (US Patent Application Publication 20190298295).
Regarding claim 25, Paalasma does not teach the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a model created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data. Heneghan teaches the left/right/no- snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to amodel (Paragraph 312). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Paalasma and Heneghan do not teach the model being created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data. Momeni teaches the model being created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data (Paragraphs 43-46). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and Momeni (directed to a controller classifying sensed audio data using a restricted model) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using a restricted model in a mattress with two acoustic sensors embedded in a bed frame. One of ordinary skill in the art would have been motivated to make such a combination to exclude noisy blocks as taught in Momeni (Paragraph 46). ). Paalasma, as modified, does not teach a right side acoustic stream. Sullivan teaches a right side acoustic stream (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86).
Regarding claim 32, Paalasma does not teach the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a model created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data. Heneghan teaches the left/right/no- snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to amodel (Paragraph 312). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Paalasma and Heneghan do not teach the model being created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data. Momeni teaches the model being created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data (Paragraphs 43-46). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and Momeni (directed to a controller classifying sensed audio data using a restricted model) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using a restricted model in a mattress with two acoustic sensors embedded in a bed frame. One of ordinary skill in the art would have been motivated to make such a combination to exclude noisy blocks as taught in Momeni (Paragraph 46). ). Paalasma, as modified, does not teach a right side acoustic stream. Sullivan teaches a right side acoustic stream (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86).
Regarding claim 38, Paalasma does not teach the left/right/no-snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to a model created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data. Heneghan teaches the left/right/no- snore classifier is configured to apply the data from i)at least one left-side acoustic stream, ii) at least one right- side acoustic stream, iii) at least one left-side pressure stream, and iv) at least one right-side pressure stream to amodel (Paragraph 312). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users. One of ordinary skill in the art would have been motivated to make such a combination to determine whether the patient suffers from a certain breathing condition as taught in Heneghan (Paragraph 312). Paalasma and Heneghan do not teach the model being created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data. Momeni teaches the model being created from a restricted feature-set that excludes some features of a larger feature- set generated from stored sensor data (Paragraphs 43-46). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and Momeni (directed to a controller classifying sensed audio data using a restricted model) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using a restricted model in a mattress with two acoustic sensors embedded in a bed frame. One of ordinary skill in the art would have been motivated to make such a combination to exclude noisy blocks as taught in Momeni (Paragraph 46). ). Paalasma, as modified, does not teach a right side acoustic stream. Sullivan teaches a right side acoustic stream (Figure 1, 46 is an acoustic sensor for the right side of the mattress, which is in addition to the left side acoustic sensor 45, see also Paragraph 80). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors. One of ordinary skill in the art would have been motivated to make such a combination so that "a sound signal from one or more optimal sensors can be separated on the basis of the frequency signatures of specific sound types such as snore, normal breathing and heart sounds. These different signals can then be recorded and may be displayed as separated traces on a monitor enabling an observer to play back the trace while listening to the optimized separated signal of interest." (Sullivan Paragraph 86).
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paalasma (US Patent Application Publication 20150173671) in view of Heneghan (US Patent Application Publication 20160287122) further in view of Sullivan (US Patent Application Publication 20130310657) further in view of Holman (US Patent Application Publication 20090070929) in view of Nunn (US Patent Application Publication 20170003666).
Regarding claim 40, Paalasma teaches the one or more left-side acoustic sensors comprise the at least one left-side acoustic sensor (Figure 2; 240a (Examiner notes this acoustic sensor may be placed on the left or right side, but will be designated as the left side sensor for purposes of the rejection)). Paalasma does not specifically teach the left side acoustic sensor being embedded into the bedframe, and an acoustic sensor of a phone that is configured to work together with the at least one left-side acoustic sensor that is embedded into the bedframe. Holman teaches and the left side and right side acoustic sensors being embedded in the bedframe (Figure 9; 40 and Paragraph 47). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using two acoustic sensors embedded in a bedframe. One of ordinary skill in the art would have been motivated to make such a combination “to provide for remote computer access to check in and monitor…activity.” (Holman Abstract). Nunn teaches an acoustic sensor of a phone that is configured to work together with the at least one left-side acoustic sensor that is embedded into the bedframe (Paragraph 205 teaches using a phone sound sensor to sense snoring, and Paragraph 116 discusses using a plurality of peripheral and bed integrated sensors together to acquire data and analyze the data acquired). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Paalasma (directed to a controller classifying sensed breathing data of two users) and Heneghan (directed to using objects and classifiers to categorize sensed breathing data) and Sullivan (directed to a mattress with dual acoustic sensors) and Holman (directed to acoustic sensors embedded in a bed frame) and Nunn (directed to a smartphone sourced acoustic data stream) and arrived at a controller using objects and classifiers to categorize sensed breathing data of two users using multiple acoustic sensors embedded in a bedframe and sourced from a smartphone. One of ordinary skill in the art would have been motivated to make such a combination to allow “the motherboard 402 [to] compare 2012 the sensor data during periods of poor sleep against periods of better sleep.” ( Nunn Paragraph 205).
Conclusion
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/MORGAN J MCCLURE/Examiner, Art Unit 3673