DETAILED ACTIONNotice 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 Rejections - 35 USC § 103
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 relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5, & 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0310697 hereinafter Franceschetti in view of US 2005/0283039 hereinafter Cornel.
In regards to Claim 1: Franceschetti teaches An awakening induction method, comprising:
a first step of measuring a core temperature of a user (Franceschetti, Paragraph 0067; Figure 11 Item 1140 & 1150);
a third step of determining a recommended wake-up time range of the scheduled date based on the awakening time to present the wake-up time range to the user (Franceschetti, Paragraph 0061; Figure 9 Item 930 & 940);
a fourth step of setting a scheduled wake-up time of the scheduled date according to an instruction from the user (Franceschetti, Paragraph 0061; Figure 8 Item 810) ;
a fifth step of raising an environment temperature around the user when it is a predetermined time before the scheduled wake-up time of the scheduled date (Franceschetti, Paragraph 74; “ If the current bed temperature is below the historical average, the process sends a control signal to increase the temperature of the bed to match the historical average.”).
Franceschetti does not teach, a second step of estimating an awakening time of the user on the day before a scheduled date of awakening induction based on previous measurement of the core temperature, and a sixth step of irradiating the user with light when the scheduled wake-up time of the scheduled date is reached.
Cornel teaches a second step of estimating an awakening time of the user on the day before a scheduled date of awakening induction based on previous measurement of the core temperature (Cornel, Paragraph 0015, Examiner interprets the day before as included in the historical data stated in prior art), and a sixth step of irradiating the user with light when the scheduled wake-up time of the scheduled date is reached (Cornel, Paragraph 0027).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the estimation of alertness and the light switch control taught by Cornel to the bed device of Franceschetti, the motivation being to provide to evaluate the user and based on previously collected data, predict a time to wake the user up for optimal sleep efficiency. The motivation of adding Cornel to Franceschetti for the purposes of irradiating the user to arouse them is give the user a visual indication of the time to awaken.
In regards to Claim 5: A modified Franceschetti teaches of an awakening induction program causing a computer to execute each step as set forth (Franceschetti, Paragraph 0045; Figure 1 Item 100).
In regards to Claim 6: Franceschetti teaches An awakening induction system, comprising:
an environmental control device configured to control an environment around a user (Franceschetti, Paragraph 67; Figure 11 Item 1100);
a core temperature measuring unit configured to measure a core temperature of the user (Franceschetti, Paragraph 0067; Figure 11 Item 1140 & 1150);
a recommended wake-up time presentation unit configured to determine a recommended wake-up time range of the scheduled date based on the awakening time to present the wake-up time range to the user (Franceschetti 12 & 87; Figure 19(Display));
a wake-up time setting unit configured to set a scheduled wake-up time of the scheduled date according to an instruction from the user (Franceschetti, Paragraph 60; Figure 9 Item 930);
a control unit configured to instruct the environmental control device to raise an environment temperature around the user when it is a predetermined time before the scheduled wake-up time of the scheduled date (Franceschetti, Paragraph 71 & 74; Figure 13 Item 1340).
Franceschetti does not teach an awakening time estimation unit configured to estimate an awakening time of the user on the day before a scheduled date of awakening induction based on previous measurement of the core temperature, and a control unit configured to instruct the environmental control device to irradiate the user with light when the scheduled wake-up time of the scheduled date is reached.
Cornel teaches of an awakening time estimation unit configured to estimate an awakening time of the user on the day before a scheduled date of awakening induction based on previous measurement of the core temperature (Cornel, Paragraph 0015; Examiner interprets the day before as included in the historical data stated in prior art), and, and a control unit configured to instruct the environmental control device to irradiate the user with light when the scheduled wake-up time of the scheduled date is reached (Cornel, Paragraph 27, Figure 1 Item 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the estimation of alertness and the light switch control taught by Cornel to the bed device of Franceschetti, the motivation being to provide to evaluate the user and based on previously collected data, predict a time to wake the user up for optimal sleep efficiency. The motivation of adding Cornel to Franceschetti for the purposes of irradiating the user to arouse them is give the user a visual indication of the time to awaken.
Claim(s) 2 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franceschetti in view of Cornel in further view of US 2016/0361515 hereinafter Jung.
In regards to Claim 2: A modified Franceschetti teaches all of claim 2 and of the second step, but does not teach of a time when the core temperature rises from the latest lowest temperature by a predetermined temperature upon estimating the awakening time on the day before the scheduled date.
Jung teaches of a time when the core temperature rises from the latest lowest temperature by a predetermined temperature upon estimating the awakening time on the day before the scheduled date (Jung, Paragraph 0061).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the environmental temperature control taught in Jung with the bed device taught by a modified Franceschetti, the motivation being to provide a method to wake up the user at the estimated time that simulates a more natural feeling of waking up.
In regards to Claim 10: A modified Franceschetti teaches an awakening induction program causing a computer to execute each step as set forth in claim 2 (Franceschetti, Paragraph 47; Figure 1 Item 100).
Claim(s) 3 & 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franceschetti in view of Cornel in further view of US 4,228,806 hereinafter Lidow.
In regards to Claim 3: A modified Franceschetti teaches all of claim 1, but does not teach wherein the third step includes a step of setting a predetermined time range around the awakening time as the recommended wake-up time range.
Lidow teaches wherein the third step includes a step of setting a predetermined time range around the awakening time as the recommended wake-up time range (Lidow, Column 5 Lines 27 – 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add predetermined time range of Lidow to the Bed device of Franceschetti, the motivation being to avoid waking the subject up while in REM sleep but still arouse the subject with a relatively consistent time.
In regards to Claim 11: A modified Franceschetti teaches An awakening induction program causing a computer to execute each step as set forth in claim 3 (Franceschetti, Paragraph 47, Figure 1 Item 100).
Claim(s) 4 & 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franceschetti in view of cornel in further view of US 2016/0136385 hereinafter Scorcioni.
In regards to Claim 4: A modified Franceschetti teaches all of claim 1, but does not teach wherein the fifth step includes a step of controlling at least one of an air conditioners provided in a room where the user sleeps and a heater provided in a bedding used by the user to increase an environmental temperature around the user.
Scorcioni teaches wherein the fifth step includes a step of controlling at least one of an air conditioners provided in a room where the user sleeps and a heater provided in a bedding used by the user to increase an environmental temperature around the user (Scorcione, Paragraph 0087).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the air conditioners that heat the environment taught by Scorcioni to the bed device of a modified Franceschetti, the motivation being to provide a more comprehensive system of arousal to better improve the nature of waking the user up.
In regards to Claim 12: A modified Franceschetti teaches an awakening induction program causing a computer to execute each step as set forth in claim 4 (Franceschetti, Paragraph 47, Figure 1 Item 100).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franceschetti in view of Cornel in further view of Jung in furthest view of Lidow .
In regards to Claim 7: A modified Franceschetti teaches all of claims 1 & 2, But does not teach wherein the third step includes a step of setting a predetermined time range around the awakening time as the recommended wake-up time range.
Lidow teaches wherein the third step includes a step of setting a predetermined time range around the awakening time as the recommended wake-up time range (Lidow, Column 5 Lines 27 – 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the time range for arousing the user taught by Lidow to the bed device of a modified Franceschetti, the motivation being to provide a method to ensure a consistent time for arousal.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franceschetti in view of Cornel in further view of Jung in furthest view of Scorcioni.
In regards to Claim 8: A modified Franceschetti teaches all of claims 1 & 2, but does not teach wherein the fifth step includes a step of controlling at least one of an air conditioners provided in a room where the user sleeps and a heater provided in a bedding used by the user to increase an environmental temperature around the user.
Scorcioni teaches wherein the fifth step includes a step of controlling at least one of an air conditioners provided in a room where the user sleeps and a heater provided in a bedding used by the user to increase an environmental temperature around the user (Scorcioni, Paragraph 0087).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the control of an air conditioner to increase the heat of an environment taught by Scorcioni to the bed device of a modified Franceschetti, the motivation being to provide a more comprehensive system of arousal to better improve the nature of waking the user up.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franceschetti in view of Cornel in further view of Lidow in furthest view of Scorcioni.
In regards to Claim 9: A modified Franceschetti teaches all of claims 1 & 3, but does not teach wherein the fifth step includes a step of controlling at least one of an air conditioners provided in a room where the user sleeps and a heater provided in a bedding used by the user to increase an environmental temperature around the user.
Scorcioni teaches wherein the fifth step includes a step of controlling at least one of an air conditioners provided in a room where the user sleeps and a heater provided in a bedding used by the user to increase an environmental temperature around the user (Scorcioni, Paragraph 0087).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the control of an air conditioner to increase the heat of the environment taught in Scorcioni to the bed device of a modified Franceschetti, the motivation being to provide a more comprehensive system of arousal to better improve the nature of waking the user up.
Conclusion
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/N.R.D./ Patent Examiner, Art Unit 3791
/ALEX M VALVIS/ Supervisory Patent Examiner, Art Unit 3791