CTNF 18/034,543 CTNF 99961 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art reli1ed upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-3, 10-22, 24, 26-29, 32, and 34 are rejected under 35 U.S.C. 102( a)(1) and 35 U.S.C 102(a)(2 ) as being anticipated by Jung et al. (hereinafter ‘Jung’, U.S. PGPub No. 2016/0361515) . In regards to claim 1, Jung discloses a method for scoring sleep performance comprising: receiving sensor data from one or more sensors, the sensor data being associated with a sleep session of a user using a respiratory therapy system ([0050]: In an embodiment of the present disclosure, a sensor may detect a user's bio signal (bio information). The bio information may be at least one of a user's blood sugar information, body temperature information, pulse information, respiration information, heartbeat information, electrocardiogram information, brainwave information, eye movement information (movement of eyeball, blink, the number of blink, movement of eyelid, and tear), and movement information.), determining, from the received sensor data, one or more usage variables associated with use of the respiratory therapy system ([0053]: "In an embodiment of the present disclosure, sleep information may include at least one of information about a sleep score, a sleep optimal temperature, and temperature sensitivity (individual temperature sensitivity). The sleep score may be determined based on bio information or sleep state related information. Further, a method of acquiring a sleep score is not limited to the foregoing method, and a sleep score may be acquired by combining various sleep state related information suggested in an embodiment of the present disclosure."), determining, from the received sensor data, sleep stage information associated with the sleep session, wherein the sleep stage information is indicative of durations of time spent in a plurality of sleep stages (see [0052]), and calculating a sleep performance score for the sleep session based at least in part on the determined one or more usage variables and the sleep stage information, wherein calculating the sleep performance score includes, for each of the one or more usage variables: segmenting the respective usage variable into a plurality of segments based at least in part on the sleep stage information, wherein each of the plurality of segments is associated with one of the plurality of sleep stages ([0057]: In an embodiment of the present disclosure, the sleep score represents a user's good sleep level with a numerical value, and as the sleep score increases, a user's good sleep level may increase. The sleep score is calculated by analyzing a user's bio information and represents extracted sleep information (sleep cycle number, sleep stage distribution) with a numerical value.), determining, a weighting value for each of the plurality of sleep stages, and applying, to each of the plurality of segments, the weighting value associated with the respective sleep state that is associated with the respective segment (see [0204] and equation 1, [0204]: "Pn is a sleep score, and Wi is a weight value of a temperature difference."). In regards to claim 2, Jung discloses that the one or more usage variables include any combination of i-iv as listed in the instant application ([0110]: "Further, the sensor 210-1 may additionally detect information about a sleep stage and a sleep stage duration time. The sensor 210-1 corresponds to the sensor 210 of FIG. 2A and therefore a detailed description thereof will be omitted.", [0054]: "In an embodiment of the present disclosure, a sleep optimal temperature is determined based on bio information or sleep information. The sleep optimal temperature is specified to a user who collects bio information. A temperature having a highest sleep score among sleep scores acquired based on a test temperature may be determined as a sleep optimal temperature.") In regards to claim 3, Jung discloses that the event information is indicative of a number of apnea-hypopnea events detected during the sleep session ([0054]: "In an embodiment of the present disclosure, a sleep optimal temperature is determined based on bio information or sleep information. The sleep optimal temperature is specified to a user who collects bio information. A temperature having a highest sleep score among sleep scores acquired based on a test temperature may be determined as a sleep optimal temperature."). In regards to claim 10, Jung discloses determining a sleep quality score associated with the sleep session, wherein determining the sleep quality score is based at least in part on the sleep stage information, wherein the sleep stage information is indicative of durations of time spent in a plurality of sleep stages, and wherein determining the sleep quality score includes: segmenting the sleep stage information into sleep stage segments based at least in part on the one or more usage variables (see [0052]), determining, for each of the sleep stage segments, a usage weighting value, applying, within each of the sleep stage segments, the respective usage weighting value for the respective sleep stage segment to each sleep stage within the respective sleep stage segment (see [0204] and equation 1, [0204]: "Pn is a sleep score, and Wi is a weight value of a temperature difference."). In regards to claim 11, Jung discloses determining a sleep quality score associated with the sleep session, wherein determining the sleep quality score is based at least in part on the sleep stage information, wherein receiving the sensor data includes receiving physiological data associated with the user, and wherein determining the sleep quality score is further based at least in part on the received physiological data (see [0054]). In regards to claim 12, Jung discloses that the physiological data includes any combination of i-xxi as listed in the instant application ([0066]: "Sleep analysis data may include information about a sleep arriving time, a total sleep time, a sleep configuration, a sleep stage immediately before awakening, a wake-up delay time, a body temperature, a heartbeat number, and a discharge wavelength.). In regards to claim 13, Jung discloses determining a sleep quality score associated with the sleep session, wherein determining the sleep quality score is based at least in part on the sleep stage information, wherein calculating the sleep performance score for the sleep session is based at least in part on the sleep quality score ([0053]: "In an embodiment of the present disclosure, sleep information may include at least one of information about a sleep score, a sleep optimal temperature, and temperature sensitivity (individual temperature sensitivity). The sleep score may be determined based on bio information or sleep state related information. Further, a method of acquiring a sleep score is not limited to the foregoing method, and a sleep score may be acquired by combining various sleep state related information suggested in an embodiment of the present disclosure."). In regards to claim 14, Jung discloses calculating the sleep performance score based at least in part on the sleep quality score includes applying one or more weightings to the determined one or more usage variables based at least in part on the sleep quality score (see [0204] and equation 1, [0204]: "Pn is a sleep score, and Wi is a weight value of a temperature difference."). In regards to claim 15, Jung discloses determining a sleep quality score associated with the sleep session, wherein determining the sleep quality score is based at least in part on the sleep stage information ([0053]: "In an embodiment of the present disclosure, sleep information may include at least one of information about a sleep score, a sleep optimal temperature, and temperature sensitivity (individual temperature sensitivity). The sleep score may be determined based on bio information or sleep state related information. Further, a method of acquiring a sleep score is not limited to the foregoing method, and a sleep score may be acquired by combining various sleep state related information suggested in an embodiment of the present disclosure.") and receiving user feedback associated with the sleep session, wherein calculating the sleep performance score based at least in part on the sleep quality score includes applying one or more weightings to the sleep quality score based at least in part on the user feedback ([0227]: "The temperature adjustment system may input feedback information using a feedback interface at operation 1050. The feedback information may be an input to satisfaction in a present sleep environment, a relative expression to a present sleep temperature, and an optimal temperature in which a user targets."). In regards to claim 16 Jung discloses receiving user feedback associated with the sleep session, wherein calculating the sleep performance score based at least in part on the determined one or more usage variables includes applying one or more weightings to the determined one or more usage variables based at least in part on the user feedback ([0227]: "The temperature adjustment system may input feedback information using a feedback interface at operation 1050. The feedback information may be an input to satisfaction in a present sleep environment, a relative expression to a present sleep temperature, and an optimal temperature in which a user targets."). In regards to claim 17, Jung discloses receiving user feedback associated with the sleep session ([0128]: "A user using an electronic device may input sleep evaluation information to correspond to the feedback information. For example, the user may input sleep satisfaction (score, character, symbol, and voice)."), determining a modification value based at least in part on the received user feedback, and updating the sleep performance score by incorporating the modification value to the sleep performance score (see [0141]). In regards to claim 18, Jung discloses that the one or more usage variables includes a first usage variable and a second usage variable, wherein calculating the sleep performance score based at least in part on the determined one or more usage variables includes applying a weighting to the first usage variable based at least in part on the second usage variable (see [0204] and equation 1, [0204]: "Pn is a sleep score, and Wi is a weight value of a temperature difference."). In regards to claim 19, Jung discloses applying the weighting to the first usage variable based at least in part on the second usage variable includes: Identifying a plurality of ranges associated with the second usage variable, segmenting the first variable into a plurality of first usage variable segments based at least in part on the second usage variable, wherein each of the first usage variable segments is associated with one of the plurality of ranges associated with the second usage variable, determining a weighting value for each of the plurality of ranges, and applying, to each of the plurality of first usage variable segments, the weighting value associated with the respective one of the plurality of ranges associated with the respective first usage variable segment (see [0186], [0186]: "The temperature adjustment device may determine whether acquisition of additional information is required based on whether the preset number of sleep score has been acquired and whether a sleep score has been acquired at a preset range of test temperature."). In regards to claim 20, Jung discloses that the one or more usage variables include any combination of i-iv as described in the instant application ([0273]: "The input unit 1730 may include a touch sensor, a proximity sensor, an electromagnetic sensor, a pressure sensor, etc. The input unit 1730 may detect a user's touch input or proximity input through a sensor."). In regards to claim 21, Jung discloses that the one or more usage variables includes event information indicative of a number of detected events that occurred during the sleep session, wherein calculating the sleep performance score based at least in part on the determined one or more usage variables and the sleep stage information includes: identifying time periods in which the user was not asleep during the sleep session based at least in part on the sleep stage information; and removing any detected events from the event information that occurred when the user was not asleep ([0052]: "In an embodiment of the present disclosure, sleep state related information may include information about a sleep state such as a stage of attempting hypnagogue, a hypnagogue stage, a sleep stage, an awakening, tossing and turning, and movement and information about a good sleep index, a sleep disturbance index, a hypnagogue index, a sleep index, a wake-up index, a sleep arriving time, a total sleep time, an actual wake-up time after awakening, a sleep attempt start time, a sleep start time, an awakening start time, a wake-up time, a sleep configuration score, and a sleep stage immediately before awakening."). In regards to claim 22, Jung discloses identifying an out-of-range usage variable out of the one or more usage variables, wherein the out-of-range usage variable is outside of a desired threshold range, identifying the sleep performance score as being above a sleep performance threshold, and presenting an indication that the identified out-of-range usage variable is a tolerated usage variable ([0060]: "The temperature sensitivity may be user specific information. Temperature sensitivity may be used for setting a threshold range to a sleep optimal temperature and setting a threshold range on a sleep stage basis"). In regards to claim 24, Jung discloses presenting the sleep performance score after completion of the sleep session, wherein the sleep stage information is indicative of duration of time spent in a plurality of sleep stages, and wherein presenting the sleep performance score includes presenting total contribution to the sleep performance for each of the one or more usage variables, wherein presenting the total contribution for a given usage variable of the one or more usage variables includes presenting a plurality of sub-contributions binned by sleep stage for the given usage variable ([0052]: "In an embodiment of the present disclosure, sleep state related information may include information about a sleep state such as a stage of attempting hypnagogue, a hypnagogue stage, a sleep stage, an awakening, tossing and turning, and movement and information about a good sleep index, a sleep disturbance index, a hypnagogue index, a sleep index, a wake-up index, a sleep arriving time, a total sleep time, an actual wake-up time after awakening, a sleep attempt start time, a sleep start time, an awakening start time, a wake-up time, a sleep configuration score, and a sleep stage immediately before awakening."). In regards to claim 26, Jung discloses determining an acclimatization stage associated with the sleep session ([0052]: "In an embodiment of the present disclosure, sleep state related information may include information about a sleep state such as a stage of attempting hypnagogue, a hypnagogue stage, a sleep stage, an awakening, tossing and turning, and movement and information about a good sleep index, a sleep disturbance index, a hypnagogue index, a sleep index, a wake-up index, a sleep arriving time, a total sleep time, an actual wake-up time after awakening, a sleep attempt start time, a sleep start time, an awakening start time, a wake-up time, a sleep configuration score, and a sleep stage immediately before awakening."), determining, for each of the one or more usage variables, a weighting value based at least in part on the acclimatization stage, and applying, for each usage variable of the one or more usage variables, the weighting value associated with the usage variable (see [0204] and equation 1, [0204]: "Pn is a sleep score, and Wi is a weight value of a temperature difference."). In regards to claim 27, Jung discloses determining the acclimatization stage includes accessing (i) one or more historical usage variables associated with one or more historical sleep sessions of the user, (ii) historical sleep stage information associated with the one or more historical sleep sessions of the user, or (iii) both (i) and (ii); and identifying the acclimatization stage based at least in part on (i) the one or more historical usage variables, (ii) the historical sleep stage information, or (iii) both (i) and (ii) ([0183]: "The user information may be previously stored at the electronic device. Further, a DB of a sleep optimal temperature corresponding to user information may be also stored at the electronic device or the analysis device. When starting from an optimal temperature based on user information, the study period may be shortened."). In regards to claim 28, Jung discloses accessing a historical acclimatization stage associated with the user, wherein determining the acclimatization stage is based at least in part on the historical acclimatization stage ([0183]: "The user information may be previously stored at the electronic device. Further, a DB of a sleep optimal temperature corresponding to user information may be also stored at the electronic device or the analysis device. When starting from an optimal temperature based on user information, the study period may be shortened."). In regards to claim 29, Jung discloses determining the acclimatization stage includes:calculating an acclimatization score based at least in part on (i) the one or more usage variables, (ii) the sleep stage information, or (iii) both (i) and (ii) ([0053]: "In an embodiment of the present disclosure, sleep information may include at least one of information about a sleep score, a sleep optimal temperature, and temperature sensitivity (individual temperature sensitivity). The sleep score may be determined based on bio information or sleep state related information. Further, a method of acquiring a sleep score is not limited to the foregoing method, and a sleep score may be acquired by combining various sleep state related information suggested in an embodiment of the present disclosure.") and determining that the acclimatization score exceeds a threshold score associated with the acclimatization stage ([0098]: "Further, the electronic device 270 may acquire sleep stage information and may differently apply a threshold range corresponding to temperature sensitivity on a sleep stage basis based on sleep stage information."). In regards to claim 32, Jung discloses a system comprising: a control system including one or more processors; and a memory having stored thereon machine readable instructions, wherein the control system is coupled to the memory, and the method of claim 1 is implemented when the machine executable instructions in the memory are executed by at least one of the one or more processors of the control system ([0279]: "The storage unit 1770 may include at least one type storage medium of a flash memory type, a hard disk type, a multimedia card micro type, a card type memory (e.g. standard definition (SD) or extreme digital (XD) memory), a random access memory (RAM), a static RAM (SRAM), a read-only memory (ROM), an electrically erasable programmable ROM (EEPROM), a Programmable ROM (PROM), a magnetic memory, a magnetic disk, and an optical disk."). In regards to claim 34, Jung discloses a computer program product embodied on a non-transitory computer readable medium and comprising instructions which, when executed by a computer, cause the computer to carry out the method of claim 1 ([0279]: "The storage unit 1770 may include at least one type storage medium of a flash memory type, a hard disk type, a multimedia card micro type, a card type memory (e.g. standard definition (SD) or extreme digital (XD) memory), a random access memory (RAM), a static RAM (SRAM), a read-only memory (ROM), an electrically erasable programmable ROM (EEPROM), a Programmable ROM (PROM), a magnetic memory, a magnetic disk, and an optical disk.") . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 30-31 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. In regards to claim 30, no prior art found during search describes an acclimatization stage that specifies a set of several possible acclimatization stages wherein each stage possesses weighting values which emphasize specific values, such as sleep onset latency in the early acclimatization stage. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN M LEE whose telephone number is (703)756-1789. The examiner can normally be reached 9:00 am - 6:00 pm. 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, Carl Layno can be reached at (571) 272-4949. 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. /B.M.L./Examiner, Art Unit 3796 /CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796 Application/Control Number: 18/034,543 Page 2 Art Unit: 3796 Application/Control Number: 18/034,543 Page 3 Art Unit: 3796 Application/Control Number: 18/034,543 Page 4 Art Unit: 3796