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 .
Election/Restrictions
Applicant’s election without traverse of Inventive Group III (claims 26-30) in the reply filed on January 7, 2026 is acknowledged.
Claims 16-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Inventive Groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 7, 2026.
Claim Objections
Claim 27 is objected to because of the following informalities:
Claim 27 contains the limitation “The method of claim 26…” however, claim 26 is directed to a computing device.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 26-30 are rejected under 35 U.S.C. 101 because the claimed invention details a system (Step 1) directed to a judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In accordance with MPEP 2106.04, each of Claims 26-30 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1 per MPEP 2106.04(a)
Each of Claims 26-30 recites at least one step or instruction for predicting a sleep state of a user, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or a certain method of organizing human activity in MPEP 2106.04(a)(2)(II) or mathematical concept in MPEP 2106.04(a)(2)(I). Accordingly, each of Claims 1, 4, 6, 10, 17, 19, 21, and 26-27 recites an abstract idea.
Specifically, Claim 26 recites
A computing device for predicting a sleep state of a user based on sleep sensing data received from one or more channels, the computing device comprising:
a memory configured to store a sleep analysis model including a first sub-model, one or more attention modules, and a second sub-model; and (additional element)
a processor (additional element) configured to:
receive time-series sleep sensing data acquired by the one or more channels and transmitted to the computing device, the sleep sensing data being based on information on breathing; (additional element)
pre-process the received sleep sensing data, the pre-processing including at least one of noise filtering, noise correction, and noise removal; and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
output sleep stage information and prediction certainty information corresponding to the sleep stage information by inputting the pre-processed sleep sensing data into the sleep analysis model, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) and/or mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)))
wherein the sleep stage information indicates that sleep of the user at a specific time point corresponds to at least one of a plurality of sleep stages, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
wherein the one or more attention modules are neural networks trained to predict one or more attention weights to be given to each of a plurality of training input data, based on relationship between the plurality of training input data corresponding to respective time points and training output data generated by inputting the training input data into the one or more attention modules, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) and/or mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)))
wherein the first sub-model is a convolutional neural network (CNN)-based model configured to extract a plurality of embeddings respectively corresponding to inputs of a plurality of sequential data included in the pre-processed sleep sensing data, (mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)))
wherein the plurality of embeddings include a first embedding output by processing sequential data corresponding to a first time point through the first sub-model, and a second embedding output by processing sequential data corresponding to a second time point through the first sub-model, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) and/or mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)))
wherein the one or more attention modules are configured to receive the first embedding and the second embedding as inputs and predict a first attention weight to be given to the first embedding and a second attention weight to be given to the second embedding, and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) and/or mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)))
wherein the second sub-model is a recurrent neural network (RNN)-based model configured to output, based on the predicted first and second attention weights, the sleep stage information respectively corresponding to the first and second time points and the prediction certainty information respectively corresponding to the sleep stage information. (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) and/or mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)))
Step 2A, Prong 2 per MPEP 2106.04(d)
The above-identified abstract idea in each of independent Claim 26 (and their respective dependent claims 27-30) is not integrated into a practical application under MPEP 2106.04(d) because the additional elements (identified above in independent Claim 26), either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use according to MPEP 2106.05(h) or represent insignificant extra-solution activity according to MPEP 2106.05(g). More specifically, the additional elements of: memory, processor, and sensor unit acquiring sleep sensing data are generic and used for data gathering adding insignificant extra-solution activity to the judicial exception in independent Claim 26 (and their respective dependent claims) which do not improve the functioning of a computer, or any other technology or technical field according to MPEP 2106.04(d)(1) and 2106.05(a). Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine according to MPEP 2106.05(b), effect a transformation according to MPEP 2106.05(c), provide a particular treatment or prophylaxis according to MPEP 2106.04(d)(2) or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception according to MPEP 2106.04(d)(2) and 2106.05(e). Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer in accordance with MPEP 2106.05(f). For at least these reasons, the abstract idea identified above in independent Claim 26 (and their respective dependent claims) is not integrated into a practical application in accordance with MPEP 2106.04(d).
Moreover, the above-identified abstract idea is not integrated into a practical application in accordance with MPEP 2106.04(d) because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process) using rules (e.g., computer instructions) executed by a computer (e.g., external programming device or computer as claimed). In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer according to MPEP 2106.05(f).
Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims according to MPEP 2106.05(a). That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claims 26 (and their respective dependent claims) is not integrated into a practical application under MPEP 2106.04(d)(I).
Accordingly, independent Claim 26 (and their respective dependent claims) are each directed to an abstract idea according to MPEP 2106.04(d).
Step 2B per MPEP 2106.05
None of Claims 26-30 include additional elements that are sufficient to amount to significantly more than the abstract idea in accordance with MPEP 2106.05 for at least the following reasons.
These claims require the additional elements of: memory, processor, and sensor unit acquiring sleep sensing data. The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, MPEP 2106.05(d)(II) along with Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Per Applicant’s instant specification, pg. 27 lines 22-25, and pg. 28 lines 1-7 details the use of different storage mediums may include: flash memory, hard disk type storage, multimedia cardi , card type, RAM and etc. with such generality that they are generic and commercially available. Further, in applicant’s specification pg. 24 lines 15-18 the processor may be combined with the memory to create the computing device which can be a laptop computer, notebook computer, desktop computer, web pad, or a mobile phone which are all generic and commercially available. Lastly, the sensor unit for acquiring sleep sensing data may include as described on pg 28 lines 19-25 that the sensor may include a module that can transmit radio waves or microwaves and etc. and further details on pg. 30 lines 11-15 may be a variety of sensors that can utilized with such generality that they are generic and commercially available.
Accordingly, in light of Applicant’s specification, the claimed term processor is reasonably construed as a generic computing device. Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available technology, with their already available basic functions, to use as tools in executing the claimed process. See MPEP 2106.05(f).
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for computers. This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts. By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see MPEP 2106.05(d)(I)(2) and 2106.07(a)(III)). Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications along with MPEP 2106.05(d)(I)).
The recitation of the above-identified additional limitations in Claim 26 amounts to mere instructions to implement the abstract idea on a computer. Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See MPEP 2106.05(f) along with Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. See MPEP 2106.05(a) along with McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, per MPEP 2106.05(a), the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the system of Claims 26-30 are directed to applying an abstract idea as identified above on a general purpose computer without (i) improving the performance of the computer itself or providing a technical solution to a problem in a technical field according to MPEP 2106.05(a), or (ii) providing meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e).
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the above-identified additional elements in independent Claims 26 (and their dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment according to MPEP 2106.05(h). When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment according to MPEP 2106.05(h). When viewed as whole, the above-identified additional elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e). Moreover, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity according to MPEP 2106.05(g). As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application as required by MPEP 2106.05.
Therefore, for at least the above reasons, none of the Claims 26-30 amounts to significantly more than the abstract idea itself. Accordingly, Claims 26-30 are not patent eligible and rejected under 35 U.S.C. 101.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ferreira Dos Santos (US 2020/0100728 A1), a sleep staging system (e.g. Fig 1; [0018]) that utilizes one or more sensors (e.g. [0018]; [0022]-[0025]; Fig 1:40) related to breathing parameters of a subject (e.g. [0023]) and utilizes models such as a recurrent neural networks of convolutional neural networks (e.g. [0021]; [0039]). Aggarwal (US 2021/0023331 A1), a method for identifying sleep stages utilizing sensor data and utilizing both a convolutional neural network (CNN) and a recurrent neural network (RNN) with weights to provide the current sleep stage (e.g. [0033]-[0035]; [0132]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSANDRA F HOUGH whose telephone number is (571)270-7902. The examiner can normally be reached Monday-Thursday 7 am - 4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571)270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jessandra Hough February 3, 2026
/J.F.H./Examiner, Art Unit 3796
/DAVID HAMAOUI/SPE, Art Unit 3796