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 .
Specification
The disclosure is objected to because of the following informalities:
In paragraph 4 on page 13, “re-deliver the sounds to the subject in a sleep inducing.”, the Examiner interprets this sentence as incomplete and/or a sentence with grammatical errors.
In paragraph 3 of page 14, “tracks” should be corrected to “track” in “an embodiment may seek permission to tracks the subject’s location”. “Detects” should be corrected to “detect” in “such an embodiment may detects the subject’s frequent locations”.
Appropriate correction is required.
Claim Objections
Claim 13 objected to because of the following informalities:
Regarding claim 13, “sound” should be “sounds”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5, 7, 8, 10-15 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miwa (US 20150190609 A1).
Regarding claim 1, Miwa teaches a method for generating a sleep-inducing audio signal for a subject, the method comprising:
Monitoring a psychological state of a subject during a predetermined time period to detect if the psychological state of the subject matches a target psychological state (“sleep depth measuring device for measuring the sleep depth of the user U”, paragraph [0025]; sleep depth measuring device 13, Fig. 1);
Responsive to detecting that the psychological state of the subject matches a target psychological state, obtaining an audio recording of the surrounding environment of the monitored subject (“system…records disturbance sounds…that are heard by the user U during his/her sleep”, paragraph [0054]), wherein the audio recording is captured at a detection time during which the psychological state of the subject matches the target psychological state (“uses the disturbance sound when the disturbance sound is the good sleep sound for the user U”, paragraph [0054]); and
Generating an audio signal for the subject based on the audio recording and on or more predetermined sleep-inducing sounds (“good sleep sound is output from the storage device to the sound emitting device”, paragraph [0070]).
Regarding claim 5, Miwa teaches generating an audio signal comprising mixing the audio recording (“disturbance sound”, paragraph [0054]) and the one or more predetermined sleep-inducing sounds (“examination sound”, paragraph [0035], “examination sound and the disturbance sound are mixed”, paragraph [0065]).
Regarding claim 7, Miwa teaches the monitoring being controlled responsive to an indication or instruction provided by the subject (“user U awakes and instructs the good sleep sound reproduction device to stop the operation”, paragraph [0058], “user U operates a user interface of the good sleep sound reproduction device to select the desired sleep sound from the list”, paragraph [0070]).
Regarding claim 8, Miwa teaches obtaining an audio recording of the surrounding environment of the monitored subject comprising: capturing sound with a microphone (“the sound pickup device is a known microphone, and picks up a sound within the space in which the user U is sleeping”, paragraph [0055]; sound pickup device 15, Fig. 9).
Regarding claim 10, Miwa teaches further communicating the generated audio signal to a sleep-inducing apparatus (“selection unit reads the selected sound data for examination from the storage device, and repeatedly outputs the read sound data to the sound emitting device, to thereby cause the sound emitting device to perform loop playback of the sound”, paragraph [0034]; selection unit 111, Fig. 3).
Regarding claim 11, Miwa teaches a computer program product comprising computer program code means which, when executed on a computing device having a processing system, cause the processing system to perform all of the steps of the method according to claim 1 (“non-transitory computer-readable storage medium holding a program comprising instructions for acquiring sleep depth data”, paragraph [0009]).
Regarding claim 12, Miwa teaches a system for generating a sleep-inducing audio signal for a subject, the system comprising:
A monitoring component configured to monitor a psychological state of a subject during a predetermined time period to detect if the psychological state of the subject matches a target psychological state (“sleep depth measuring device is configured to generate and output the sleep depth”, sleep depth measuring device 13, Fig. 1);
An interface configured, responsive to detecting that the psychological state of the subject matches a target psychological state, obtaining an audio recording of the surrounding environment of the monitored subject (“system…records disturbance sounds…that are heard by the user U during his/her sleep”, paragraph [0054]), wherein the audio recording is captured at a detection time during which the psychological state of the subject matches the target psychological state (“uses the disturbance sound when the disturbance sound is the good sleep sound for the user U”, paragraph [0054]); and
An audio processor configured to generate an audio signal for the subject based on the audio recording and one or more predetermined sleep-inducing sounds (“good sleep sound is output from the storage device to the sound emitting device”, paragraph [0070]; sound emitting device 14, Fig. 1).
Regarding claim 13, Miwa teaches the audio processor comprising an audio mixer (paragraph [0066]; sound emitting device 14, selection unit 111) configured to mix the audio recording (“disturbance sound”, paragraph [0054]) and the one or more predetermined sleep-inducing sounds (“examination sound”, paragraph [0035], “selection unit may…mix both, and then output the sound data to the sound emitting device”, paragraph [0066]).
Regarding claim 14, Miwa teaches an output interface configured to communicating the generated audio signal to a sleep-inducing apparatus (“good sleep sound reproduction device includes a processor…and an input/output I/F serving as an interface for inputting/outputting the various kinds of data to/from the external devices (storage device, sleep depth measuring device, and sound emitting device)”, paragraph [0026]).
Regarding claim 15, Miwa teaches a sleep-inducing apparatus comprising a system for generating a sleep-inducing audio signal for a subject (good sleep reproduction system 1, sleep depth measuring device 13, sound emitting device 14, Fig. 1) according to claim 12.
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.
Claims 2, 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Miwa in view of Shouldice et al. (US 20160151603 A1).
Regarding claim 2, Miwa teaches all the limitations of claim 1, but does not teach a method of determining a weather condition experienced by the subject and generating an audio signal based on the weather sound.
However, Shouldice et al. teaches a method further comprising:
Responsive to detecting that the psychological state of the subject matches a target psychological state, determining a weather condition experienced by the subject at the detection time and identifying a weather sound based on the determined weather condition (“system may have knowledge of the…season-adjusted weather conditions”, paragraph [0206], “localization data may be used to check…local weather patterns. The data may be input into an advice engine which analyses the parameters”, paragraph [0232]),
And wherein generating an audio signal for the subject is further based on the weather sound (“the output generator may include information concerning sleep (e.g., a sleep score) and/or advice”, paragraph [0232]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Miwa with the method of Shouldice et al. in order to configure the audio recording to detect weather sounds and its effects on sleep for the user and their target psychological state.
Regarding claim 4, Miwa teaches all the limitations of claim 1, but does not teach generating an audio signal based on sound cues for respiration actions.
However, Shouldice et al. teaches generating an audio signal for the subject being further based on predetermined sound cues for indicating respiration actions (“audio and/or video cues are provided to the user…visual and sound cues are adapted to guide the user to a low and stable breathing rate”, paragraph [0447]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Miwa with the sound cues for respiration actions of Shouldice et al. in order to help guide paced breathing exercises for reducing stress and/or relaxing the body and mind of the user to help induce sleep.
Regarding claim 6, Miwa teaches all the limitations of claim 5, but does not teach the method of mixing a tempo of the audio signal.
However, Shouldice et al. teaches mixing comprising of defining a tempo of the audio signal based on a preference of the subject (“measured parameters are fed back to the system and processed in order to obtain a feedback…parameters may include…the tempo of a specific rhythm…user has full access to the data”, paragraph [0210]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Miwa with the method of Shouldice et al. and identify the tempo of the audio signal as further measures to tailor the audio signals to the preferences and needs of the user in order to induce sleep.
Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Miwa in view of Larson et al. (US 20140343354 A1).
Regarding claim 3, Miwa teaches all the limitations of claim 1, but does not teach monitoring a psychological state of the subject through short-range communication links with a computing device.
However, Larson et al. teaches wherein monitoring a psychological state of the subject comprises monitoring one or more short-range communication links established with a computing device carried by the subject; subject brainwaves (“sensors are positioned within the device to collect and measure brain activity and motion simultaneously”, paragraph [0061] and [0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Miwa with the method of Larson et al. and detect the brainwaves of the subject to gather data on brain activity for further visualization of the detection of a target psychological state, such as when the user is in a relaxed mental and physical state.
Regarding claim 9, Miwa teaches all the limitations of claim 1, but does not teach one or more predetermined sleep-inducing sounds comprising of binaural beats.
However, Larson et al. teaches one or more predetermined sleep-inducing sounds comprising binaural beats (“a correct binaural tone can be applied to induce the brain activity to slow from one of being awake and active to one that is associated with being drowsy and eventually asleep”, paragraph [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Miwa with the method of using binaural beats as a predetermined sleep-inducing sound of Larson et al. as binaural beats are known to assist in inducing sleep and put the user in a state of relaxation.
Claims 1, 3, 5, 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over Larson (2014/0343354) in view of Miwa.
Regarding claim 1, Larson et al. teaches a method for generating a sleep-inducing audio signal for a subject, the method comprising:
Monitoring a psychological state of a subject during a predetermined time period to detect if the psychological state of the subject matches a target psychological state (“determine a current brain state based on detected brain activity”, paragraph [0022]);
Responsive to detecting that the psychological state of the subject matches a target psychological state (“collecting brain state data…comparing the activity state to a goal state and responsive to the activity state differing from the goal state”, paragraph [0023]); and
Generating an audio signal for the subject from one or more predetermined sleep-inducing sounds (“process applies the suggestive binaural tone to adjust the activity state to the intermediate goal state”, paragraph [0023]).
Larson et al. does not teach obtaining an audio recording of the environment and generating an audio signal based off the audio recording.
However, Miwa teaches obtaining an audio recording of the surrounding environment of the monitored subject (“system…records disturbance sounds…that are heard by the user U during his/her sleep”, paragraph [0054]), wherein the audio recording is captured at a detection time during which the psychological state of the subject matches the target psychological state (“uses the disturbance sound when the disturbance sound is the good sleep sound for the user U”, paragraph [0054]); and
Generating an audio signal for the subject based on the audio recording (“good sleep sound is output from the storage device to the sound emitting device”, paragraph [0070]).
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 Larson et al. with the method of Miwa and obtain an audio recording of the environment of the subject and utilizing that information to determine and output the most effective audio stimulus in order to acquire the subject’s target psychological state and induce sleep.
Regarding claim 3, Larson et al. in view of Miwa teaches wherein monitoring a psychological state of the subject comprises monitoring one or more short-range communication links established with a computing device carried by the subject; subject brainwaves (“sensors are positioned within the device to collect and measure brain activity and motion simultaneously”, paragraph [0061] and [0062]).
Regarding claim 5, a modified method of Larson et al. in view of Miwa teaches all the limitations of claim 1.
Furthermore, Miwa teaches generating an audio signal comprising mixing the audio recording (“disturbance sound”, paragraph [0054]) and the one or more predetermined sleep-inducing sounds (“examination sound”, paragraph [0035], “examination sound and the disturbance sound are mixed”, paragraph [0065]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Larson et al. in view of Miwa with the method of mixing the audio recording of the environment when the user is in the target psychological state with predetermined sleep-inducing sounds (binaural tones of Larson et al., paragraph [0021]) in order to promote better sleep and psychological state in the user.
Regarding claim 7, Larson et al. in view of Miwa teaches the monitoring being controlled responsive to an indication or instruction provided by the subject (“user inputting data with respect to the desired sleep stage goal and duration of the sleeping event”, paragraph [0080]).
Regarding claim 8, a modified method of Larson et al. in view of Miwa teaches all the limitations of claim 1.
Furthermore, Miwa teaches obtaining an audio recording of the surrounding environment of the monitored subject comprising: capturing sound with a microphone (“the sound pickup device is a known microphone, and picks up a sound within the space in which the user U is sleeping”, paragraph [0055]; sound pickup device 15, Fig. 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Larson et al. in view of Miwa and collect the audio recording via microphone and attaching it to the user in order to record the sounds of their surroundings during sleep.
Regarding claim 9, Larson et al. in view of Miwa teaches one or more predetermined sleep-inducing sounds comprising binaural beats (“a correct binaural tone can be applied to induce the brain activity to slow from one of being awake and active to one that is associated with being drowsy and eventually asleep”, paragraph [0031]).
Regarding claim 10, a modified method of Larson et al. in view of Miwa teaches all the limitations of claim 1.
Furthermore, Miwa teaches further communicating the generated audio signal to a sleep- inducing apparatus (“selection unit reads the selected sound data for examination from the storage device, and repeatedly outputs the read sound data to the sound emitting device, to thereby cause the sound emitting device to perform loop playback of the sound”, paragraph [0034]; selection unit 111, Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Larson et al. in view of Miwa and configure a method of communicating a generated audio signal of positive results back to a sleep-inducing apparatus to re-deliver the sounds that are sleep-inducing to the user, and acquire the target psychological state of the user.
Regarding claim 11, Larson et al. in view of Miwa teaches a computer program product comprising computer program code means which, when executed on a computing device having a processing system, cause the processing system to perform all of the steps of the method according to claim 1 (“computer program instructions or code”, paragraph [0043]).
Regarding claim 12, Larson et al. teaches a system for generating a sleep-inducing audio signal for a subject, the system comprising:
A monitoring component configured to monitor a psychological state of a subject during a predetermined time period to detect if the psychological state of the subject matches a target psychological state (“accelerometers to detect and measure movement, and brain activity sensors to collect data with respect to electrical impulses generated by the brain”, paragraph [0054]; sleep inducing system 100, accelerometers 115, sensors 120, Fig. 1);
An interface configured, responsive to detecting that the psychological state of the subject matches a target psychological state (“algorithms useful in the analysis of collected data and the development of binaural tones that can effectively influence brain activity”, paragraph [0060]),
An audio processor configured to generate an audio signal for the subject from one or more predetermined sleep-inducing sounds (“binaural tone generator is further coupled to an audio output device”, paragraph [0048]; binaural tone generator 150, audio output device 160, Fig. 1).
Larson et al. does not teach obtaining an audio recording of the environment and generating an audio signal based off the audio recording.
However, Miwa teaches obtaining an audio recording of the surrounding environment of the monitored subject, (“system…records disturbance sounds…that are heard by the user U during his/her sleep”, paragraph [0054]), wherein the audio recording is captured at a detection time during which the psychological state of the subject matches the target psychological state (“uses the disturbance sound when the disturbance sound is the good sleep sound for the user U”, paragraph [0054]);
And an audio processor configured to generate an audio signal for the subject based on the audio recording (“good sleep sound is output from the storage device to the sound emitting device”, paragraph [0070]; sound emitting device 14, Fig. 1).
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 Larson et al. with the system of Miwa and obtain an audio recording of the environment of the subject and utilizing that information to determine and output the most effective audio stimulus in order to acquire the subject’s target psychological state and induce sleep.
Regarding claim 13, a modified system of Larson et al. in view of Miwa teaches all the limitations of claim 12.
Furthermore, Miwa teaches the audio processor comprising an audio mixer (paragraph [0066]; sound emitting device 14, selection unit 111) configured to mix the audio recording (“disturbance sound”, paragraph [0054]) and the one or more predetermined sleep-inducing sounds (“examination sound”, paragraph [0035], “selection unit may…mix both, and then output the sound data to the sound emitting device”, paragraph [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Larson et al. in view of Miwa with the audio mixer that mixes the audio recording of the environment when the user is in the target psychological state with predetermined sleep-inducing sounds (binaural tones of Larson et al., paragraph [0021]) in order to promote better sleep and psychological state in the user.
Regarding claim 14, a modified system of Larson et al. in view of Miwa teaches all the limitations of claim 12.
Furthermore, Miwa teaches an output interface configured to communicating the generated audio signal to a sleep-inducing apparatus (“good sleep sound reproduction device includes a processor…and an input/output I/F serving as an interface for inputting/outputting the various kinds of data to/from the external devices (storage device, sleep depth measuring device, and sound emitting device)”, paragraph [0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Larson et al. in view of Miwa and configure an output interface such as a speaker, and communicating the data/signal of positive results back to a sleep-inducing apparatus to re-deliver the sounds that are sleep-inducing to the user, and acquire the target psychological state of the user.
Regarding claim 15, Larson et al. in view of Miwa teaches a sleep-inducing apparatus comprising a system for generating a sleep-inducing audio signal for a subject (par. [0048]; sleep inducing system 100, binaural tone generator 150, left speaker 165, right speaker 170, Fig. 1) according to claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARA LINH TRAN whose telephone number is (571)272-3598. The examiner can normally be reached 7:30am-5:00pm M-F.
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/L.L.T./Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791