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 .
Claim Objections
Claims 3 and 11 are objected to because of the following informalities:
“an update unit configured adjust” should be corrected to “an update unit configured to adjust”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
Claim 1: a pre-nap information acquisition unit configured to acquire pre-nap information regarding a subject who takes a nap before the subject takes the nap
Claim 1: a determination unit configured to determine an environment condition to adjust a sleep depth, based on the pre-nap information.
Claim 2: a creation unit configured to create a nap plan
Claims 3 and 11: an intra-nap information acquisition unit configured to acquire intra-nap information
Claims 3 and 11: an update unit configured adjust the nap plan
Claims 6: a pre-nap information acquisition device configured to acquire information about the subject.
Claim 10: an environment condition adjustment device configured to adjust the environment condition, based on the nap plan
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. A review of the specification shows that the following appears to be the corresponding structure:
Claim 1: “a pre-nap information acquisition unit configured to acquire pre-nap information regarding a subject who takes a nap before the subject takes the nap”. As identified by the specification (page 9, line 9), “The processing unit 210 includes a CPU. The CPU of the processing unit 210 reads and executes various programs stored in the storage unit 230 to function as the pre-nap information acquisition unit 10, the intra-nap information acquisition unit 20, the determination unit 30, the creation unit 40, and the update unit 50.”
Claim 1: “a determination unit configured to determine an environment condition to adjust a sleep depth, based on the pre-nap information.” As identified by the specification (page 9, line 9), “The processing unit 210 includes a CPU. The CPU of the processing unit 210 reads and executes various programs stored in the storage unit 230 to function as the pre-nap information acquisition unit 10, the intra-nap information acquisition unit 20, the determination unit 30, the creation unit 40, and the update unit 50.”
Claim 2: “a creation unit configured to create a nap plan” As identified by the specification (page 9, line 9), “The processing unit 210 includes a CPU. The CPU of the processing unit 210 reads and executes various programs stored in the storage unit 230 to function as the pre-nap information acquisition unit 10, the intra-nap information acquisition unit 20, the determination unit 30, the creation unit 40, and the update unit 50.”
Claims 3 and 11: “an intra-nap information acquisition unit configured to acquire intra-nap information” As identified by the specification (page 9, line 9), “The processing unit 210 includes a CPU. The CPU of the processing unit 210 reads and executes various programs stored in the storage unit 230 to function as the pre-nap information acquisition unit 10, the intra-nap information acquisition unit 20, the determination unit 30, the creation unit 40, and the update unit 50.” And (page 7, line 2), “The intra-nap information acquisition device 70 according to the present embodiment, is, for example, but not limited to a sensor unit installed in the space RM in which the subject who is taking a nap is present”.
Claims 3 and 11: “an update unit configured adjust the nap plan” As identified by the specification (page 9, line 9), “The processing unit 210 includes a CPU. The CPU of the processing unit 210 reads and executes various programs stored in the storage unit 230 to function as the pre-nap information acquisition unit 10, the intra-nap information acquisition unit 20, the determination unit 30, the creation unit 40, and the update unit 50.”
Claims 6: “a pre-nap information acquisition device configured to acquire information about the subject.” As identified by the specification (page 6, line 18-30), “The pre-nap information acquisition device 60 is a device that acquires pre-nap information. The pre-nap information acquisition device 60 according to the present embodiment is, for example, a wearable device such as a smart watch or smart glasses. For example, the pre-nap information acquisition device 60 acquires the pre-nap information by means of a sensor, such as a vital sensor built in the pre-nap information acquisition device 60. Alternatively, the pre-nap information acquisition device 60 acquires the pre-nap information by, for example, receiving a manual input from the subject. Alternatively, the pre-nap information acquisition device 60 acquires the pre-nap information by communicating with an information terminal (for example, a computer installed at home or the workplace of the subject), which is not illustrated and in which the pre-nap information is recorded, via a communication network NW1 or the like. Note that the pre-nap information acquisition device 60 according to the present embodiment is not limited to a single device and may be configured by combining a plurality of devices. In addition, the pre-nap information acquisition device 60 is not limited to a wearable device and may be changed, as appropriate. Therefore, the pre-nap information acquisition device 60 may be, for example, a smartphone or the like.”
Claim 10: “an environment condition adjustment device configured to adjust the environment condition, based on the nap plan” As identified by the specification (page 7, line 22), “The environment condition adjustment device 100 includes an air-conditioning apparatus 101 and the bedding 102, which includes a temperature adjustment unit. The environment condition adjustment device may also include a lighting device 103, a speaker 104, and a scent dispenser 105.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 6, 9, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (WO 2017017784).
Regarding claim 1, Park discloses a nap environment determination system is configured to determine an environment condition during a nap, the nap environment determination system comprising:
A pre-nap information acquisition unit configured to acquire pre-nap information regarding a subject who takes a nap before the subject takes a nap (Paragraph [0011]: “ The needs determination unit 1 accepts the needs of the user and determines whether the user wishes to guide the user to the awake state or the guidance to the nap state from the accepted need. For example, as shown in FIG. 1, an HEMS (Home Energy Management System) remote controller 20 and a wearable device 30 may be cited as the device for inputting the user's needs to the needs determination unit 1. The user inputs the subjective evaluation of the current mood of the user via the HEMS remote controller 20 and the wearable device 30, for example, using VAS (Visual Analog Scale).”)
and a determination unit configured to determine an environment condition (paragraph [0016]: “The device control unit 7 controls the device 50 selected by the control condition determination unit 5 under the determined control condition. The device 50 controlled by the device control unit 7 is composed of, for example, air conditioning equipment, audio equipment, lighting, a display device, and the like. Outputs wind, sound, light, prescribed screen and the like based on the control of the equipment control unit 7, gives stimulus for awakening to the user, or outputs to urge the user to sleep.”) to adjust a sleep depth, based on the pre-nap information. (Paragraph [0015]: “The control condition determination unit 5 determines the control condition in the corresponding control mode based on the determination result of the needs determination unit 1 and the determination result of the arousal state determination unit 3. The control modes are the awake mode and the nap mode.” The examiner is defining sleep depth to include wakeful state to deep sleep according applicant’s Fig. 4. The examiner is interpreting sleep depth to be the “awake mode” which would include a wakeful state and the “nap mode” which would include REM sleep, light sleep, and deep sleep.)
Regarding claim 2, Park discloses a creation unit configured to
create a nap plan related to environment condition to adjust the sleep depth based on a determination of the determination unit (Paragraph [0015]: “when shifting to the nap mode, the control condition determination unit 5 refers to the biological information acquired by the biological information acquisition unit 2 and the control condition storage unit 6, selects the device 50 for urging the user to sleep, And determines the control condition of the selected device 50. For each control mode, the control condition storage unit 6 stores the device 50 to be controlled and the control condition of each device 50 in association with each other. The control conditions of each device 50 may be classified and set based on the sex and preference of the user.") The examiner is interpreting the stored control condition of each device to be a nap plan.)
the nap plan including number of times the environment condition is adjusted (Paragraph [0021]: “When each device 50 is already controlled in the awake mode (step ST 5; YES), the control condition determination unit 5 determines whether or not the number of times to raise the stimulation level for awakening the user has reached the set number of times (Step ST 6).”), a time at which the environment condition is adjusted (Paragraph [0022]: “]The device control unit 7 controls each device 50 under the control conditions determined in step ST 7 or step ST 8 (step ST 9). The control condition determination unit 5 determines whether or not the device control unit 7 has executed control for each device 50 for a preset time or a preset number of times (step ST 10)”)
a target transition of a sleep state switched by adjustment of the environment condition (Paragraph [0046]: “Thereafter, it is determined whether or not the state has changed from the non-REM sleep state to the REM sleep state. When it is determined that the user has shifted to the REM sleeping state, it is determined that the user is asleep and the control condition determining unit 5 is instructed to determine the control condition for awakening the user..”)
and a control parameter to adjust the environment condition (Paragraph [0007]: “a control condition determination unit that determines a control condition of the indoor environment” The examiner is interpreting the control condition as the control parameter.)
Regarding claims 6 and 13, Park discloses the nap environment determination system according to claims 1 and 2, wherein the pre-nap information is acquired from at least one of a manual input by the subject and pre-nap information acquisition device configured to acquire information about the subject. (Paragraph [ 0011]: “The needs determination unit 1 accepts the needs of the user and determines whether the user wishes to guide the user to the awake state or the guidance to the nap state from the accepted need. For example, as shown in FIG. 1, an HEMS (Home Energy Management System) remote controller 20 and a wearable device 30 may be cited as the device for inputting the user's needs to the needs determination unit 1. The user inputs the subjective evaluation of the current mood of the user via the HEMS remote controller 20 and the wearable device 30, for example, using VAS (Visual Analog Scale).” This is both the manual input by the subject as well as the device acquiring information (via the manual input) by the subject).
Regarding claim 9, Park discloses the nap environment determination system according to claims 2, wherein the environment condition includes at least one of a thermal environment, a lighting environment, an intra-bedding thermal environment, a bedding position, and a sound environment, in a space in which the subject who is taking a nap is present. (Paragraph [0016]: “The device control unit 7 controls the device 50 selected by the control condition determination unit 5 under the determined control condition. The device 50 controlled by the device control unit 7 is composed of, for example, air conditioning equipment, audio equipment, lighting, a display device, and the like. Outputs wind, sound, light, prescribed screen and the like based on the control of the equipment control unit 7, gives stimulus for awakening to the user, or outputs to urge the user to sleep.”)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3-4, 7, 11-12, 14-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Auphan (US 2012/0296156).
Regarding claims 3 and 11, Park teaches the nap environment determination system according to claim 1 and 2, but fails to teach that the system further comprises an intra-nap information acquisition unit configured to acquire intra-nap information regarding the subject who is taking a nap while the subject is taking the nap; and an update unit configured adjust the nap plan, based on the intra-nap information while the subject is taking the nap.int
Auphan teaches a sleep and environment control system comprising an:
intra-nap information acquisition unit configured to acquire intra-nap information regarding the subject who is taking a nap while the subject is taking the nap (Paragraph [0031]: “Body and sleep monitoring sensors 206 provide an interface and sensors for gathering vital signs and other information about the person as they fall asleep, sleep and then wakeup”)
and an update unit configured to adjust the nap plan, based on the intra-nap information while the subject is taking the nap (Paragraph [0038]: “Sleep cycle analysis component 256 analyzes sensor information, environmental information and subjective information from the person and constructs a more accurate sleep architecture for the individual.”; Paragraph [0044] Sleep optimization decision component 260 and confidence based arbitrator 266 work together in determining how to improve the person's sleep experience. In one implementation, sleep optimization decision component 260 receives sleep analysis information from sleep cycle analysis component 256 and sleep quality correlation component 258 and determines whether to adjust the settings of sleep system 200.9” The sleep cycle analysis component uses the sensor information from the intra-nap information acquisition unit to provide information to the sleep optimization decision component to “determine whether to adjust the settings of the sleep system”. The examiner is interpreting deciding to adjust settings of the sleep system based on biosensor information as adjusting the nap plan, based on the intra-nap acquisition unit.)
It would have been obvious to one of ordinary skill in the art to modify the sleep system taught in Park to have an intra-nap unit and an update unit as taught by Auphan. One of ordinary skill in the art would be able to recognize that this technique of monitoring a person while they’re sleeping and updating a plan to adjust their environmental settings would have yielded predictable results of guiding a user to a sleep/nap or awake state and resulted in an improved system that could be tailored to an individual’s sleep profile.
Regarding claims 4, 12, and 14, Park teaches the nap environment determination system in claims 1, 2, and 3 wherein the pre-nap information includes at least one of a gender and an age of the subject. (Paragraph [0027] “Specifically, the biometric information acquisition unit 2 measures the height, the surface area, the body temperature, etc. of the user from the captured image of the camera 40 f, further acquires information on the clothing of the user, and determines whether the user is a male or a female.”)
Park fails to teach wherein the pre-nap information includes at least one of a sleep onset time of a previous day, an average sleep onset time, a wake-up time of the previous day, an average wake-up time, and drowsiness, of the subject.
However, Auphan teaches a sleep environment control system wherein the pre-nap information includes a
sleep onset time of the previous day (Paragraph [0039]: “Objective measures of sleep quality in one implementation are based upon factors that include: …. sleep onset time, wake-up time, total sleeping time and actual time taken to fall asleep”, the measurements are taken each time the user sleeps so would include the data from the previous day)
and gender and an age (Paragraph [0055]: “Upon first use or initial use, a person may specify their objective characteristics and sleep goals to the sleep system (502). The objective characteristics may include sex, age, weight, relative fitness and other information readily quantified by the person about to use the sleep system.”) The examiner is interpreting that the nap system taught in Park would be modified to acquire these measurements as part of the pre-nap information acquisition unit.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught in Park to acquire the information taught by Auphan . One of ordinary skill in the art would be able to recognize that qualities and quantities of sleep required is a much more complex problem. For example, some individuals that sleep too little may feel tired or fatigued during the day while other individuals that sleep too many hours have a similar feeling of grogginess as a result of sleeping too much. Researchers continue to study many different physiological conditions during sleep to understand the complex interplay between sleep and wakeful well-being. See background section paragraph [0002] of Auphan. Having more detailed information about the user would help the system of Park be able to more effectively guide a user to a nap or awake state.
Regarding claim 7, Park teaches the nap environment determination system of claim 3, wherein the intra-nap information includes wherein the intra-nap information includes at least one of a heartbeat, an electrocardiogram, a pulse wave, a brain wave, breathing, a body temperature, and a body motion. (Paragraph [0013]: “The biometric information acquisition unit 2 acquires biological information of the user from the various sensors 40. ….The body movement sensor 40 measures the movement of the user's body. ….. The breathing sensor 40 e measures the timing of respiration of the user and the depth of respiration”; Paragraph [0027] “Specifically, the biometric information acquisition unit 2 measures the height, the surface area, the body temperature, etc. of the user from the captured image of the camera 40 f, further acquires information on the clothing of the user, and determines whether the user is a male or a female”).
Park fails to teach wherein the intra-nap information includes at least one of a temperature, a humidity, an airflow, an illuminance, a noise, an odor, a temperature of bedding, and a gradient of the bedding, in a space in which the subject who is taking a nap is present, and the intra-nap information is acquired by an intra-nap information acquisition device installed in the space in which the subject who is taking the nap is present.
However, Auphan teaches intra-sleep/nap information including:
and at least one of a temperature, a humidity, an airflow, an illuminance, a noise, an odor, a temperature of bedding, and a gradient of the bedding, in a space in which the subject who is taking a nap is present, (Paragraph [0032]: “A different set of sensors in environmental monitoring sensors 208 include: an air sensor 228 for measuring air temperature and quality, a light sensor 230 for measuring the intensity and frequency of the light in the environment, a temperature sensor 232 that measures ambient room temperature and various other miscellaneous environmental sensors 234 as needed by the sleep analysis performed in accordance with the aspects of the present invention. For example, one environmental sensor 234 could include a sound sensor to detect and measure certain sound levels and frequencies”)
and the intra-nap information is acquired by an intra-nap information acquisition device installed in the space in which the subject who is taking the nap is present (paragraph [0031] “Body and sleep monitoring sensors 206 provide an interface and sensors for gathering vital signs and other information about the person as they fall asleep, sleep and then wakeup. In one implementation, these body and sleep monitoring sensors 206 include a respiration sensor 218 to measure breathing rate and gas mixture (VO2 levels), heartbeat sensor 220 to measure heart rate, heart rate variability and pulse, movement sensor 222 to measure body movement and various other miscellaneous body sensors 224 useful in sleep analysis.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the nap system taught in Park to incorporate environmental sensors and have the sensors in the space in which the subject is taking the nap is present taught in Auphan. One of ordinary skill in the art would have been able to recognize varying the environmental condition near the person over time influences a sleep quality of the person and their sleep cycles. Therefore, to ensure quality and deep sleep of a user of this system the environmental conditions should be monitored. See paragraph [0008] of Auphan.
Regarding claim 15, Park discloses the nap environment determination system according to claim 3, wherein the pre-nap information is acquired from at least one of a manual input by the subject and pre-nap information acquisition device configured to acquire information about the subject. (Paragraph [ 0011]: “The needs determination unit 1 accepts the needs of the user and determines whether the user wishes to guide the user to the awake state or the guidance to the nap state from the accepted need. For example, as shown in FIG. 1, an HEMS (Home Energy Management System) remote controller 20 and a wearable device 30 may be cited as the device for inputting the user's needs to the needs determination unit 1. The user inputs the subjective evaluation of the current mood of the user via the HEMS remote controller 20 and the wearable device 30, for example, using VAS (Visual Analog Scale).” This is both the manual input by the subject as well as the device acquiring information (via the manual input) by the subject).
Regarding claim 18, Park discloses the nap environment determination system according to claim 3, wherein the environment condition includes at least one of a thermal environment, a lighting environment, an intra-bedding thermal environment, a bedding position, and a sound environment, in a space in which the subject who is taking a nap is present. (Paragraph [0016]: “The device control unit 7 controls the device 50 selected by the control condition determination unit 5 under the determined control condition. The device 50 controlled by the device control unit 7 is composed of, for example, air conditioning equipment, audio equipment, lighting, a display device, and the like. Outputs wind, sound, light, prescribed screen and the like based on the control of the equipment control unit 7, gives stimulus for awakening to the user, or outputs to urge the user to sleep.”)
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Moturu (US 2017/0189641) and Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Auphan further in view of Moturu.
Regarding claims 5 and 16, Park/Park and Auphan fails to teach a nap environment determination system according to claim 1 and 4, wherein the pre-nap information includes at least one of a level of fatigue, a sleeping time of a previous day, and an average sleeping time, of the subject.
Moturu teaches a system for characterizing sleep behavior that can acquire information including a sleeping time of a previous day (Paragraph [0029]: “The parameters of a sleep session (e.g., the start and end of the sleep session) can be defined by any one or more of….historical sleep times and/or awake times (e.g., average time at night that the user falls asleep)…”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the nap system taught in Park/Park and Auphan to acquire additional sleep information taught in Moturu. One of ordinary skill in the art would have been able to recognize that this is a combination of elements in prior art (sleep data information) and would yield predictable results of customizing the sleep experience based on previous sleep patterns.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Garcia Molina (US 2019/0192069) and Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Auphan further in view of Garcia Molina.
Regarding claims 8 and 17, Park/ Park and Auphan teaches the nap environment determination system according to claims 2 and 3 wherein the sleep state includes a wakeful state and non-REM and REM sleep states (Paragraph [0011]: “The needs determination unit 1 accepts the needs of the user and determines whether the user wishes to guide the user to the awake state or the guidance to the nap state from the accepted need.”, Paragraph [0046]: “Thereafter, it is determined whether or not the state has changed from the non-REM sleep state to the REM sleep state. When it is determined that the user has shifted to the REM sleeping state, it is determined that the user is asleep and the control condition determining unit 5 is instructed to determine the control condition for awakening the user)
However, Park fails to teach wherein the non-REM sleep state includes a light sleep state, and a deep sleep state.
Garcia Molina teaches a sleep stage prediction system wherein the sleep state includes a wakeful state, a REM sleep state, a light sleep state, and a deep sleep state. (Paragraph [0037]: “in some embodiments, sleep states of subject 12 may correspond to one or more of wakefulness, REM sleep, stage N1, stage N2, and/or stage N3 sleep, and or other sleep states.” N1 and N2 being light sleep state and N3 being deep sleep. The examiner is interpreting that the nap system in Park would be modified to not only detect non-REM or REM, or a wakeful state and nap state, but all the sleep states taught in Garcia Molina.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date that the system taught in Park should be modified to incorporate specific sleep states taught in Garcia Molina for the purpose of being able to have a more granular understanding of the sleep state of the user to be able to better guide them to a wakeful or nap state. One of ordinary skill in the art would have been able to recognize this is a known technique in sleep aiding devices and that modifying Park in view of Garcia Molina would create a comparable device that has been improved in the same way to the applicant’s claimed invention.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Yasuda (JP 2016131574) and Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Auphan further in view of Yasuda.
Regarding claims 10 and 19, Park/Park and Auphan teaches the nap environment determination system according to claims 2 and 3, further comprising:
an environment condition adjustment device configured to adjust the environment condition, based on the nap plan (Paragraph [0016]: “The device control unit 7 controls the device 50 selected by the control condition determination unit 5 under the determined control condition. The device 50 controlled by the device control unit 7 is composed of, for example, air conditioning equipment, audio equipment, lighting, a display device, and the like. Outputs wind, sound, light, prescribed screen and the like based on the control of the equipment control unit 7, gives stimulus for awakening to the user, or outputs to urge the user to sleep.”)
and an actuator configured to control the environment condition adjustment device, the environment condition adjustment device includes an air-conditioning apparatus (Paragraph [0051]: “Also, by applying the air-conditioning equipment to the equipment 50 and combining it with the environmental control equipment 10, 10 a shown in the first embodiment and the second embodiment, an air conditioning system is constructed.”)
However, Park fails to teach and bedding having a temperature adjustment unit.
Yasuda teaches a sleep control device with bedding having a temperature adjustment unit. (Paragraph [0026]: “The heater 64 is a heater (heat exchanger) disposed in the temporary sleep chair 21 that raises the temperature of the contact surface with the user 1. The external device 64 may be a cooler (heat exchanger) that lowers the temperature of the contact surface with the user 1 as well as the heater.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the system taught in Park to have a bedding having a temperature adjustment unit. One of ordinary skill in the art would have been able to recognize that body temperatures change throughout the sleep cycle and can affect sleep state of a person, so being able to control the temperature of the contact surface a user is in would allow for finer control of sleep quality and states.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Oexman (US 8768520) discloses a system for controlling a bedroom environment that correlates environmental conditions to sleep state.
Nakayama (US 2008/0234785) discloses a sleep controlling apparatus that provides different stimuli depending on the sleep state.
Kang (US 2015/0217082) discloses a sleep assistant system that provides stimuli to transition a user into a sleeping state or a different sleep state.
Shouldice (US 2016/0151603) discloses a system for sleep management that varies environmental conditions based on sleep stages of the user.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIANA JOY LACAY DECASTRO whose telephone number is (571)272-8316. The examiner can normally be reached Monday - Friday 9:00 AM - 5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at 571-272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.L.D./Examiner, Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791