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 .
Drawings
The drawings are objected to because Figure 19 includes multiple elements that are too blurry to read. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The disclosure is objected to because of the following informalities: The specification as submitted on 7/18/2023 includes what appears to be part of the field of the invention in par [0001] without a heading and out of the expected order as outlined above (see item g(1)).
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 3, 5, 6, 9, 10, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schrempf, Andreas, et al. "Measuring nightly activity, body weight and body weight change rate with a sensor equipped bed." 2010 Annual International Conference of the IEEE Engineering in Medicine and Biology, pages 2151-2154. IEEE, 2010 (hereinafter “Schrempf”, copy of NPL attached to Office action).
Regarding claim 1, Schrempf discloses a system comprising: a bed (abstract; page 2151, “A. Experimental setup” includes a bed); one or more weight sensors (abstract; page 2151, “A. Experimental setup” includes four force transducers which indicates weight measurement as in page 2152 “D. Weight measurement and weight change rate”) configured to: sense weight applied to the bed (page 2151, “A. Experimental setup” includes four force transducers which indicates weight measurement of a person lying in the bed as in page 2152 “D. Weight measurement and weight change rate”); and send, to a computer system, weight readings (page 2151, “A. Experimental setup” includes measurement of body weight, where the measured values are processed and stored on a computer); and a computer system comprising memory and one or more processors (page 2151, “A. Experimental setup” includes measurement of body weight, where the measured values are processed and stored on a computer, the computer necessarily including a memory and processor), the computer system configured to: receive the weight readings (page 2151, “A. Experimental setup” includes measurement of body weight, where the measured values are processed and stored on a computer); determine, using the weight readings, user presence in the bed (page 2152, “C. Detecting bed usage and side changes” includes use of the sensor readings to determine if a person is in the bed); identify, using the user presence, sleep sessions for the user (page 2152, “C. Detecting bed usage and side changes” includes use of the sensor readings to determine if a person is in the bed and when the person leaves the bed); and generate, using the weight readings and for a given sleep session, weight change data that records a change of weight by the user through the sleep session (“C. Detecting bed usage and side changes” includes use of the sensor readings to determine if a person is in the bed; page 2152 “D. Weight measurement and weight change rate”, where the weight readings occur as once a person enters the bed, including initial weight and subsequent weight change recordings during a nightly/short-term monitoring).
Regarding claim 2, Schrempf discloses the weight change data comprises a plurality of weight values indexed by time in the sleep session (page 2152 “D. Weight measurement and weight change rate”, where the weight readings occur as once a person enters the bed, including initial weight and subsequent weight change recordings during a nightly/short-term monitoring, the N samples correlated with time in the sleep session).
Regarding claim 3, Schrempf discloses the weight change data comprises a trend line of the change of weight of the user over time within the sleep session (page 2152 “D. Weight measurement and weight change rate”, where the weight readings occur as once a person enters the bed, including initial weight and subsequent weight change recordings during a nightly/short-term monitoring, the N samples correlated with time in the sleep session. Examiner considers this sequence of recording to read on a trend line of the change of weight over time because the weights are measured to create measurement vector Y and data matrix X which correlate to a trend line as required in the instant claim).
Regarding claim 5, Schrempf discloses the computer system is further configured to generate, using the weight readings and for the given sleep session, physiological data that records at least one physiological measure selected from the group consisting of i) heartrate, ii) respiratory rate, iii) gross body movement, iv) body temperature by the user through the sleep session (page 2151, “A. Experimental setup” includes four force transducers which indicates weight measurement of a person lying in the bed as in page 2152 “D. Weight measurement and weight change rate”, the system further including indication of bed usage and gross body movement as in page 2152 “C. Detecting bed usage and side changes” and page 2153 “A. Activity”).
Regarding claim 6, Schrempf discloses one or more physiological sensors (abstract; page 2151, “A. Experimental setup” includes four force transducers as in page 2152 “D. Weight measurement and weight change rate”, the system further including indication of bed usage and gross body movement as in page 2152 “C. Detecting bed usage and side changes” and page 2153 “A. Activity”) configured to: sense at least one physiological phenomenon of the user during the sleep session (the system further including indication of bed usage and gross body movement during a sleep session [when the person is in the bed] as in page 2152 “C. Detecting bed usage and side changes” and page 2153 “A. Activity”); and send, to the computer system, physiological readings (page 2151, “A. Experimental setup” includes that the measured values are processed and stored on a computer); and the computer system is further configured to: receive the physiological readings (page 2151, “A. Experimental setup” includes that the measured values are processed and stored on a computer); and generate, using the physiological readings and for the given sleep session, physiological data that records at least one physiological measure selected from the group consisting of i) heartrate, ii) respiratory rate, iii) gross body movement, iv) body temperature by the user through the sleep session (the system further including indication of bed usage and gross body movement during a sleep session [when the person is in the bed] as in page 2152 “C. Detecting bed usage and side changes” and page 2153 “A. Activity”).
Regarding claim 9, Schrempf discloses the computer system is further configured to: maintain weight readings in the memory for use in generating the weight change data only for those weight readings which correspond to the user presence in the bed (page 2152 “D. Weight measurement and weight change rate”, where the weight readings occur as once a person enters the bed [as disclosed, state change where state = 0 to state > 0] until the person exits the bed [as disclosed, state change where state > 0 to state = 0]).
Regarding claim 10, Schrempf discloses the computer system is further configured to: determine, using the weight readings, asleep-status of the user, the asleep-status identifying if the user is awake or if the user is asleep (page 2152 “D. Weight measurement and weight change rate”, where the weight readings occur as once a person enters the bed [as disclosed, state change where state = 0 to state > 0, considered to be asleep] until the person exits the bed [as disclosed, state change where state > 0 to state = 0, considered to be awake])); maintain weight readings in the memory for use in generating the weight change data only for those weight readings which correspond to the asleep-status being asleep (page 2151, “A. Experimental setup” includes measurement of body weight, where the measured values are processed and stored on a computer, the computer necessarily including a memory and processor; page 2152 “D. Weight measurement and weight change rate”, where the weight readings occur as once a person enters the bed [as disclosed, state change where state = 0 to state > 0, considered to be asleep] until the person exits the bed [as disclosed, state change where state > 0 to state = 0, considered to be awake]).
Regarding claim 18, Schrempf discloses the bed comprises a one or more of support members (page 2151, “A. Experimental setup” includes four force transducers are attached to the corners of the bed in special housings, where the transducers indicate weight measurement as in page 2152 “D. Weight measurement and weight change rate”); and the one or more weight sensors comprise one or more load sensors configured to sense load applied to the support members (page 2151, “A. Experimental setup” includes four force transducers which indicates weight measurement as in page 2152 “D. Weight measurement and weight change rate”).
Regarding claim 20, Schrempf discloses the computer system is further configured to: display a report comprising at least one of the group consisting of i) the weight change data, ii) physiological data, iii) environment data; and iv) a physiological metric (as shown in figures 3 and 4 on page 2153; as described on pages 2153-2154 “A. Activity”).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Schrempf in view of Jung, C.M., Melanson, E.L., Frydendall, E.J., Perreault, L., Eckel, R.H. and Wright, K.P. (2011), Energy expenditure during sleep, sleep deprivation and sleep following sleep deprivation in adult humans. The Journal of Physiology, 589: 235-244 (hereinafter “Jung”, copy of NPL provided with Office action).
Regarding claim 7, Schrempf discloses the claimed invention (see rejection of claim 1 above, including sensors for monitoring, where the data is sent to a computer system which receives the data and generates processed data based on the received data [page 2151, “A. Experimental setup” includes measurement of body weight, where the measured values are processed and stored on a computer]), but does not explicitly disclose the sensors include one or more environmental sensors configured to: sense at least one environmental phenomenon of a sleep environment of the sleep session, such that the computer system is sent the environment readings and the computer system is further configured to: receive the environment readings; and generate, using the environment readings, environment data that records at least one environmental measure selected from the group consisting of i) environmental temperature, ii) humidity, iii) illumination level, iv) barometric pressure, v) atmospheric composition, and vi) noise level.
Jung is analogous art in regard to sleep monitoring (abstract). Jung discloses it was known in the art to provide the sensors including one or more environmental sensors (page 237, “Energy expenditure and substrate utilization assessment, including sensors to determine carbon dioxide and oxygen concentrations in a room) configured to: sense at least one environmental phenomenon of a sleep environment of the sleep session (page 237, “Energy expenditure and substrate utilization assessment), such that the computer system is sent the environment readings and the computer system is further configured to: receive the environment readings (page 237, “Energy expenditure and substrate utilization assessment); and generate, using the environment readings, environment data that records at least one environmental measure selected from the group consisting of i) environmental temperature, ii) humidity, iii) illumination level, iv) barometric pressure, v) atmospheric composition, and vi) noise level (page 237, “Energy expenditure and substrate utilization assessment, including atmospheric composition of a room). Applied to the invention of Schrempf, the features of Jung would the sensors include one or more environmental sensors configured to: sense at least one environmental phenomenon of a sleep environment of the sleep session, such that the computer system is sent the environment readings and the computer system is further configured to: receive the environment readings; and generate, using the environment readings, environment data that records at least one environmental measure selected from the group consisting of i) environmental temperature, ii) humidity, iii) illumination level, iv) barometric pressure, v) atmospheric composition, and vi) noise level as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Jung in the invention of Schrempf, since such a modification would provide the predictable results of providing additional data for sleep evaluation to more accurately assess the health of a human.
Regarding claim 8, Schrempf discloses the claimed invention (see rejection of claim 1 above, including a computer system to perform data analysis), but does not explicitly disclose the computer system is further configured to: generate, using at least one of the group consisting of i) the weight change data, ii) physiological data, and iii) environment data, a physiological metric for the user to represent at least one metabolic metric of for the user, the metabolic metric comprising at least one of the group consisting of i) base metabolic rate (BMR); ii) sleeping energy expenditure (SEE); iii) calories expended during the sleep session; iv) gas exchange rate; and v) electrodermal activity.
Jung is analogous art in regard to sleep monitoring (abstract). Jung discloses it was known in the art to generate, using at least one of the group consisting of i) the weight change data, ii) physiological data, and iii) environment data, a physiological metric for the user to represent at least one metabolic metric of for the user, the metabolic metric comprising at least one of the group consisting of i) base metabolic rate (BMR); ii) sleeping energy expenditure (SEE); iii) calories expended during the sleep session; iv) gas exchange rate; and v) electrodermal activity (page 237, “Energy expenditure and substrate utilization assessment). Applied to the invention of Schrempf, the features of Jung would provide a computer system further configured to: generate, using at least one of the group consisting of i) the weight change data, ii) physiological data, and iii) environment data, a physiological metric for the user to represent at least one metabolic metric of for the user, the metabolic metric comprising at least one of the group consisting of i) base metabolic rate (BMR); ii) sleeping energy expenditure (SEE); iii) calories expended during the sleep session; iv) gas exchange rate; and v) electrodermal activity. Jung is analogous art in regard to sleep monitoring (abstract) as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Jung in the invention of Schrempf, since such a modification would provide the predictable results of providing additional data for sleep evaluation to more accurately assess the health of a human.
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Schrempf in view of Lin (US 2020/0064182 A1).
Regarding claim 17, Schrempf discloses the claimed invention (see rejection of claim 1 above), further including that the bed comprises one or more support members (page 2151, “A. Experimental setup” includes four force transducers are attached to the corners of the bed in special housings, where the transducers indicate weight measurement as in page 2152 “D. Weight measurement and weight change rate”) as well as means for measuring pressure applied by the user to the bed (abstract; page 2151, “A. Experimental setup” includes four force transducers which indicates weight measurement as in page 2152 “D. Weight measurement and weight change rate”). Schrempf, however, does not explicitly disclose that the system comprises one or more air bladders to receive pressure applied by the user to the bed; and the one or more weight sensors comprise one or more air-pressure sensors in fluid communication with one or more of the one or more air bladders and configured to sense air pressure.
Lin is analogous art in regard to monitoring weight using a bed (par 0006, 0014). Lin discloses it was known in the art to provide the system comprises one or more air bladders to receive pressure applied by the user to the bed (par 0015); and the one or more weight sensors comprise one or more air-pressure sensors in fluid communication with one or more of the one or more air bladders and configured to sense air pressure (par 0015). Applied to the invention of Schrempf, the features of Lin would provide one or more air bladders to receive pressure applied by the user to the bed; and
the one or more weight sensors comprise one or more air-pressure sensors in fluid communication with one or more of the one or more air bladders and configured to sense air pressure as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Lin in the invention of Schrempf, since such a modification would provide the predictable results of means for automatic and passive monitoring of user weight to provide indicate user health overall as known in the art.
Regarding claim 19, Schrempf discloses the claimed invention (see rejection of claim 1 above), further including that the bed comprises one or more support members (page 2151, “A. Experimental setup” includes four force transducers are attached to the corners of the bed in special housings, where the transducers indicate weight measurement as in page 2152 “D. Weight measurement and weight change rate”) as well as means for measuring pressure applied by the user to the bed (abstract; page 2151, “A. Experimental setup” includes four force transducers which indicates weight measurement as in page 2152 “D. Weight measurement and weight change rate”). Schrempf, however, does not explicitly disclose that the system comprises one or more air bladders to receive pressure applied by the user to the bed; the one or more weight sensors comprise one or more load sensors configured to sense load applied to the support members; and the one or more weight sensors comprise one or more air-pressure sensors in fluid communication with one or more of the one or more air bladders and configured to sense air pressure.
Lin is analogous art in regard to monitoring weight using a bed (par 0006, 0014). Lin discloses it was known in the art to provide one or more air bladders to receive pressure applied by the user to the bed (par 0015); the one or more weight sensors comprise one or more load sensors configured to sense load applied to the support members (par 0015); and the one or more weight sensors comprise one or more air-pressure sensors in fluid communication with one or more of the one or more air bladders and configured to sense air pressure (par 0015). Applied to the invention of Schrempf, the features of Lin would provide one or more air bladders to receive pressure applied by the user to the bed; the one or more weight sensors comprise one or more load sensors configured to sense load applied to the support members; and the one or more weight sensors comprise one or more air-pressure sensors in fluid communication with one or more of the one or more air bladders and configured to sense air pressure as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Lin in the invention of Schrempf, since such a modification would provide the predictable results of means for automatic and passive monitoring of user weight to provide indicate user health overall as known in the art.
Allowable Subject Matter
Claims 4, 11, 12, 13, 14, 15, and 16 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
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Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799