DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is responsive to the communication filed on 03/02/2026. The claim(s) 1, 5- 12, 16, 20- 21, 27- 31, 35, 37, 42, & 44- 45 is/are pending, of which the claim(s) 1,27, & 35 is/are in independent form.
The claims 2- 4, 13- 15, 17- 19, 22- 26, 32- 34, 36, 38- 41, & 43 were previously cancelled by applicant.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The received amendment filed on 03/02/2026 to the specification for para. 098 is acceptable and entered.
Response to Arguments
Applicant’s arguments (See Remarks, pages 12- 14) with respect to claim(s) 1, 27, & 35 amended limitations1 of the claims 1, 27, & 35 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, newly discovered reference to Yoshimura (JP 2015027329 A, see attached FOR document) is relied on for the last limitation of the independent claims.
Yoshimura (JP 2015027329 A) teaches:
Page 2: The present invention relates to a sleeping light source and a sound source supply device, and in particular, supplies a light source and a sound source only to a predetermined sleeping person without disturbing other sleeping persons around the sleeping bed when sleeping, sleeping, and getting up. The present invention relates to a sleeping light source and a sound source supply device.
The sleeping directional light source and sound source supply device 1 according to the present invention will be described below in detail with reference to the drawings.
FIG. 1 is a block diagram showing a schematic configuration of one embodiment of a sleeping directional light source and sound source supply device 1 according to the present invention.
In the present embodiment, the sleeping directional light source and sound source supply device 1 includes an operation unit 2 installed at a bedside of a sleeping person and two right and left device units 3a and 3b connected to the operation unit 2. The The operation unit 2 includes a speaker control unit 5, an LED illumination control unit 7, a pattern control unit 8, a storage unit 9, a display unit 10, a timer 11, and an input unit 12. The device units 3a and 3b are equipped with super-directional speakers 4a and 4b and directional LED illumination lights 6a and 6b, respectively. In the present embodiment, the number of the device units 3 is two because they are arranged on the left and right. However, the number is not limited to this, and may be one, or three or more. Here, directivity refers to a property in which the intensity (energy per unit solid angle) varies depending on the direction when sound, radio waves, and an optical window are output to space.
Page 4:
As described above, the sleeping directional light source and the sound source supply device 1 according to the present invention is that the sleeping person disturbs other sleeping persons at the time of sleeping, that is, at bedtime, during sleeping, or at the time of waking up. It is used to get comfortable sleep, deep sleep and awakening in a relaxed environment free from stress. Here, “at bedtime” refers to the time period from bedtime to waking up. For example, a person who has a habit of reading a book at bedtime can enjoy comfortable reading with the directional LED lightings 6a and 6b. In addition, those who are not able to fall asleep at bedtime can sleep well while listening to healing music using the super-directional speakers 4a and 4b. Also, when the set bedtime is reached at bedtime, the sound and lighting are faded out to announce that the bedtime is in a relaxed state. It is also possible to warn in a relaxed state that it is a wake-up time by fading in. As described above, the sleeping directional light source and the sound source supply device 1 can be used as a means for inducing or awakening from sleep, and a comfortable sleep, deep sleep, and awakening can be obtained in a relaxed environment.
Claim Objections
Claims 1, 5- 12, 16, 20- 21, 27- 31, & 44-45 objected to because of the following informalities:
Regarding claim 1, “initiate a sleep sequence” in causing step should be changed to “initiate the sleep sequence” since claim 1 is amended to add “begin a sleep session” in receiving step in order to improve clarity and address improper antecedent basis issues.
Regarding claim 7, line 2, “a mobile device” should be “the mobile device” since the claim 7 depends on claim 1 and the claim 1 already recites “a mobile device” in line 7 in order to improve clarity and address improper antecedent basis issues.
Regarding claim 27, “initiate a sleep sequence” of causing step should be changed to “initiate the sleep session” since claim already recites “initiate a sleep sequence” in previous receiving step.
Regarding claims 5- 12, 16, 20- 21, 44-45 & 27-31, these claims are also objected to because of their dependency with claims 1 & 27 respectively.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 27, & 35 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 (claim 1+ 11), 16, & 5 of U.S. Patent No. US 12443157 B2 in view of Yoshimura (JP 2015027329 A).
Regarding claim 1,
Instant Application: 18/253,331
CIP Parent Patent: US 12443157 B2
1. A system for monitoring sleep comprising:
1. A system for monitoring sleep
comprising:
a housing;
a housing;
a first portion of the housing configured to couple the system to a piece of furniture;
a first portion of the housing configured to couple the housing to a piece of furniture;
a second portion of the housing configured to couple the system to a mobile device;
second portion of the housing comprising a cradle configured to secure the smart phone mechanically to the housing;
one or more processors; and
one or more non-transitory computer readable media having instructions stored thereon which, when executed by the one or more processors, cause the one or more processors to perform the operations comprising:
one or more processors; and
one or more non-transitory computer readable media having instructions stored thereon which, when executed by the one or more processors, cause the one or more processors to perform the
operations comprising:
receiving an initiation signal indicative of a request by a user to begin a sleep session, the initiation signal being generated in response to detecting a triggering event
receiving an initiation signal indicative of the smart phone being secured mechanically to the cradle of the housing;
a triggering event comprising at least one of:
the mobile device being inserted or otherwise retained in a holder of the second portion of the housing,
a proximity sensor detecting that the mobile device is proximate to the system,
the mobile device being detected, using a
gyroscope of the mobile device, to be at a
predetermined angle or within a predetermined angle range for at least a predetermined period of time,
image detection algorithms detecting the user getting into a bed proximate the system, or a verbal command recognized, using natural language processing, as indicating that the user is ready to begin the sleep session:
smart phone being secured mechanically to the cradle of the housing
11. The system of claim 1, wherein the housing further comprises a proximity sensor and wherein transmitting the signal comprises: determining to wake the user; and continuously causing an audio or visual alarm to be played until an additional signal from the proximity sensor is received, the additional signal indicating that the user has removed the smart phone from the cradle.
causing, based at least in part on the initiation signal, one or more of the mobile device or the system to initiate a sleep sequence. configured to promote sleep of the user,
causing, based at least in part on the initiation signal, to initiate a sleep sequence;
the sleep sequence comprising:
controlling a first actuator
based at least in part on the phase of sleep, transmitting a signal to an actuator, the signal configured to control the actuator.
The claim 11 of the CIP parent patent’157 fails to teach the controlling the first actuator comprises “comprising at least one of a light, a screen, or a sound system to direct one or more of sound or light preferentially towards a first side of a bed and not another side of the bed or towards the user and not another sleeper”.
However, Yoshimura teaches a system [“light source and sound source supply device 1”] for monitoring sleep, the system for:
causing, based at least in part on the initiation signal [“Also, when the set bedtime is reached at bedtime, the sound and lighting are faded out to announce that the bedtime is in a relaxed state.”], one or more of the mobile device or the system to initiate a sleep sequence configured to promote sleep of the user, the sleep sequence comprising: controlling a first actuator [“the sleeping directional light source and sound source supply device 1 includes an operation unit 2 installed at a bedside of a sleeping person and two right and left device units 3a and 3b”] comprising at least one of a light a screen, or a sound system to direct one or more of sound or light preferentially towards a first side of a bed and not [“supplies a light source and a sound source only to a predetermined sleeping person without disturbing other sleeping persons around the sleeping bed when sleeping, sleeping, and getting up”] another side of the bed or towards the user and not another sleeper (Pages 2, 4, Figs. 1- 3 ).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Yoshimura and claim 11 of the CIP parent’157 because they both related to activating actuators of a sleep monitoring system and (2) modify the controlling a first actuator step of claim 11 of the CIP parent patent’157 to include an actuator comprising least one of a light, a screen, or a sound system to direct one or more of sound or light preferentially towards a first side of a bed and not another side of the bed or towards the user and not another sleeper as in Yoshimura. Doing so would avoid disturbing second person sharing the bed when the actuator is activated to provide light and/or sound based at least in part on the initiation signal for the first user (Yoshimura, Page 2).
Regarding claim 27:
Instant Application: 18/253331
CIP Parent Patent: US 12443157 B2
27. A method comprising:
16. A method comprising:
receiving, from a proximity sensor located in a housing configured to receive a smart phone, an initiation signal indicative of a smart phone being proximate to the housing and a request by a user to initiate a sleep session;
receiving, from a proximity sensor located in a housing coupled to a bed and configured to receive a smart phone, an initiation signal indicative of a smart phone being proximate to the housing and of the smart phone being releasably secured in a cradle of the housing and of the smart phone starting to charge;
causing, based at least in part on the initiation signal, one or more of the smart phone or the housing to initiate a sleep sequence configured to promote sleep of a user proximate the housing, the sleep sequence comprising one or more of:
activation of a do not disturb mode on the smart phone, activation of an airplane mode on the smart phone, accepting communications to the smart phone from only one or more predetermined contacts, causing a speaker to emit one or more sounds, or causing a screen to display one or more of messages or colors;
causing, based at least in part on the initiation signal and a time at which the initiation signal is received the
smart phone to initiate a sleep sequence configured to promote sleep of a user proximate the housing, the sleep sequence comprising one or more of:
causing a speaker of the smart phone to emit one or more sounds, or
causing a screen of the smart phone to display one or more of messages or colors;
receiving sensor data from one or more a sensor coupled to the housing, a sensor of the smart phone, or an additional sensor remote from the housing;
receiving sensor data from the smart phone, the sensor data including: motion data determined by an accelerometer of the smart phone, the motion data indicating motion of a user in
the bed during sleep, and sound data determined by a microphone of the smart
phone, the sound data indicating a heart rate of the user during sleep;
determining, based at least in part on the sensor data, a phase of sleep of the user; and based at least in part on the phase of sleep, transmitting a signal to an actuator,
determining, based on the motion data and the sound data of the sensor data, a phase of sleep of the user; and based at least in part on the phase of sleep, transmitting a signal to an actuator, the signal configured to control the actuator.
Accordingly, the claim 16 of the CIP parent patent’157 fails to teach the actuator to direct one or more of sound or light preferentially towards the first side of the bed and not another side of the bed or towards the user and not another sleeper.
However, Yoshimura teaches transmitting a signal to an actuator, the signal configured to control the actuator to direct one or more of sound or light preferentially towards the first side of the bed and not another side of the bed or towards the user
and not another sleeper (Pages 2, 4, Figs. 1-2).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Yoshimura and claim 16 of the CIP parent’157 because they both related to activating actuators of a sleep monitoring system and (2) modify the controlling a first actuator step of claim 16 of the CIP parent’157 to include missing limitations as in Yoshimura. Doing so would avoid disturbing second person sharing the bed when the actuator is activated to provide light and/or sound based at least in part on the initiation signal for the first user (Yoshimura, Page 2).
Regarding claim 35:
Instant Application: 18/253331
CIP Parent Patent: US 12443157 B2
35. One or more non-transitory computer
readable media having instructions stored thereon which, when executed by one or more processors, cause the one or more
processors to perform the operations comprising:
1. A system for monitoring sleep
comprising:
… one or more non-transitory computer readable media having instructions stored thereon which, when executed by the one or more processors, cause the one or more processors to perform the
operations comprising:
receiving, at a device coupled to a piece of furniture, an initiation signal indicative of a request by a user to initiate a sleep
session;
a first portion of the housing configured to couple the system housing to a piece of furniture;
receiving an initiation signal indicative of the smart phone being secured mechanically to the cradle of the housing;
1. causing, based at least in part on the initiation signal, the smart phone to initiate a sleep sequence.
causing, based at least in part on the initiation signal, one or more of a speaker to emit a sound or a screen to display a message;
5. and causing one or more of a sound to be played, a screen to display a color of light, an ambient temperature to be adjusted, or a fragrance to be emitted to promote the valence association.
receiving, at the device, data comprising one or more of sensor data from one or more a sensor coupled to the housing, a sensor of a smart phone coupled to the device, or an additional sensor remote
from the device;
1. determining, based at least in part on the sensor data, a phase of sleep of a user sleeping proximate the system; and
determining, based at least in part on the data, a phase of sleep of a user proximate the device; and
1. determining, based at least in part on the sensor data, a phase of sleep of a user sleeping proximate the system; and
based at least in part on the phase of sleep, transmitting a signal to an actuator, the signal configured to control the actuator
1. based at least in part on the phase of sleep, transmitting a signal to an actuator, the signal configured to control the actuator.
Accordingly, the claim 5 of the CIP parent patent’157 fails to teach preferentially towards the first side of the bed and not another side of the bed or towards the user and not another sleeper but this limitation is cured by Yoshimura in pages 2 & 4 as discussed above in claim 1.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Yoshimura and claim 5 of the CIP parent’157 because they both related to activating actuators of a sleep monitoring system and (2) modify the controlling a first actuator step of claim 5 of the CIP parent’157 to include missing limitations as in Yoshimura. Doing so would avoid disturbing second person sharing the bed when the actuator is activated to provide light and/or sound based at least in part on the initiation signal for the first user (Yoshimura, Page 2).
Claim Rejections - 35 USC § 103
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auphan et al., (US 20160015315 A1, reference of record) in view of Yoshimura (JP 2015027329 A, Publication Date: 2015-02-12, see attached machine translated FOR document).
Regarding claim 35, Auphan teaches one or more non-transitory computer readable media having instructions [“systems and methods of monitoring and/or assisting individual's sleep”] stored thereon which, when executed by one or more processors, cause the one or more processors to perform [“sleep assist system to monitor and assist the user's sleep”, wherein “sleep assist system may be also provided for two users (for example a husband and a wife) sleeping on a double bed (see FIGS. 5 and 6)” and “the bedside device 1 of the sleep assist system for double bed may be adapted to take into account both users”] the operations comprising: ([001, 008, 084, 0139, 0144]);
[a] receiving, at a device [Figs. 1- 2, “the bedside device 1”] coupled to a piece of furniture [“bed”], an initiation signal [any signal or combination of signals that is/are used to begin operating the bedside device 1 to run the “adaptive sequences” and/or monitor sleep data of the users] indicative of a request by a user [“drive the bedside device 1 to run the adaptive sequences (light and sound programs), either manually launched by the user or triggered at a specified time”] to initiate a 2sleep session [e.g., “sensing unit 2 starts to gather data” while the user is present in the bed or “drive the bedside device 1 to run the adaptive sequences” or “The sensing unit 2 is switched on/off automatically, without the need for the user to perform any action but lie down/go up. sensing unit 2 starts to gather data as soon as the user is present in the bed and stops as soon as the user leaves the bed”. Thus, user setting the triggered condition or manually activating the bedside device from the phone reads on request indicating to initiate a sleep sequence as claimed] ([058-062, 093, 0125-0132]);
[b] causing, based at least in part on the initiation signal, one or more of a speaker [“a light source 3, a loudspeaker 4.”] to emit a sound [“adapt light and sound programs and time triggered events (like a wake-up program) based on the data”] or a screen to display a message ([073, 083, 0122, 0132]);
[c] receiving, at the device, data comprising one or more of sensor data [“based on the data obtained from”] from one or more a sensor [“sensing unit 2 and/or the additional sensor device 8”] coupled to the housing, a sensor of a smart phone [“mobile terminal 7”] coupled to the device, or an additional sensor remote from the device [sensors inside the mobile terminal 7, “additional sensor device 8,”]; determining, based at least in part on the data, a phase [“sensing unit 2 and/or the additional sensor device 8 provide data…device 1 may be configured to recognize a light sleep phase, a deep sleep phase, and an REM sleep (also called ‘paradoxical’ sleep) phase.”] of sleep of a user proximate the device ([084, 094, 0116]); and
[d] based at least in part on the phase of sleep, transmitting a signal [“light and sound programs are preferably performed based on the assessment of the user's sleep cycles and/or at predetermined time of the day”] to an actuator [“the loudspeaker 4 and the light source 3 of the bedside device 1”], the signal configured to control the actuator
Auphan teaches a sleep assist system comprising a single bedside device 1 (“positioned such that the user has an easy access to the bedside device 1, e.g. on a bedside table, a stand or the like”) that can be used by two people sleeping in a double bed, the bedside device comprising a light source 3 and the loudspeaker 4 as actuators ([054, 081, 0134], Figs. 1-2).
However, Auphan fails to teach its light source/speakers can project outputs of light/sound preferentially towards a particular direction of the bed even when two peoples are sleeping in a double bed. Specifically, Auphan fails to teach its control the actuator to include direct one or more of sound or light preferentially towards the first side of the bed and not another side of the bed or towards the user and not another sleeper as claimed and shown above with strikethrough emphasis.
Youshmura relates to sleep monitoring device [“light source and sound source supply device 1”, analogous to “bedside device 1” of Auphan] comprising a sound source (speakers 4a, 4b) and a light source (“lights 6a and 6b”) that supply light and sound only “to a predetermined sleeping person without disturbing other sleeping persons around the sleeping bed when sleeping” (pages 2- 3). Specifically, Youshmura teaches a system for monitoring sleep comprising: one or more processors; and one or more non-transitory computer readable media to: receiving, at a device [the device 1 is coupled to the bed] coupled to a piece of furniture, an initiation signal [“when the set bedtime is reached at bedtime” and user is the one that sets the bedtime that can be different for different people] indicative of a request by a user to initiate a sleep session and control actuator(s) in particular direction (Fig. 1, page 4);
transmitting a signal to an actuator [“reading with the directional LED lightings 6a and 6b. In addition, those who are not able to fall asleep at bedtime can sleep well while listening to healing music using the super-directional speakers 4a and 4b.”, “the sound and lighting are faded out to announce that the bedtime is in a relaxed state”], the signal configured to control the actuator to direct one or more of sound or light preferentially towards the first side of the bed and not another side of the bed or towards the user [“supplies a light source and a sound source only to a predetermined sleeping person without disturbing other sleeping persons around the sleeping bed when sleeping, sleeping, and getting up.”] and not another sleeper. (Pages 2, 4, 7, Figs. 6A- 6C).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Yoshimura and Auphan because they both related to controlling actuators of the bedside device to promote sleeping after receiving an initiation signal and (2) modify control the actuator step of Auphan to direct one or more of sound or light preferentially towards the first side of the bed and not another side of the bed or towards the user and not another sleeper as in Yoshimura (Yoshimura, page 4).
Doing so would allow the actuator(s) (light source and a sound source of Auphan) to output signals only to a predetermined sleeping person without disturbing other sleeping persons even when multiple people are sharing the same bed (Yoshimura, page 2 & Auphan [0140]).
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auphan et al., (US 20160015315 A1) in view of in view of Yoshimura (JP 2015027329 A) as applied to claim 35 above, and further in view of Shirakawa et al. (JP 2019094855 A).
The Auphan and Yoshimura are references of record.
Regarding claim 37, Auphan in view of Yoshimura teaches the one or more non-transitory computer readable media of claim 35 as set forth above.
However, Auphan in view of Yoshimura fails to teach its operations to comprise determining, based at least in part on the sensor data, a position of the user relative to the device and causing one or more motors to adjust an orientation of the device to optimize the position of the user relative to the device but is cured by Shirakawa.
Shirakawa relates to adjusting the sleep monitoring/comforting device based on the detected position of the user. Specifically, Shirakawa teaches a one or more non-transitory computer readable media comprises operations including:
determining, based at least in part on the sensor data, a position [“controller 9 may detect the position of sleeping person 300 while adjusting the orientation of movable body 4 by vertical movement motor 7”] of the user relative to the device [“the electric fan 1”]; and causing one or more motors to adjust [“controller 9 may adjust the magnitude and the range of the second angle β based on the information detected in the person position detection operation”] an orientation of the device to optimize the position of the user relative to the device ([011, 031, 041], Fig. 1).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Shirakawa and Auphan in view of Yoshimura because they both related to a sleep monitoring computing device with various actuators and sensors to help user sleep better in a bed and (2) modify operations of Auphan in view of Yoshimura to incorporate determine position of the user relative to the device and adjust an orientation of the device to optimize the position of the user relative to the device as in Shirakawa. Doing so would allow the outputs of the actuators of the Auphan (in AYP) used to provide comfort to the user to be automatically and more precisely directed to an direction where the person is sleeping on the bed thereby further increasing good quality of sleep while minimizing energy consumption (Shirakawa, [0029, 053]).
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auphan et al., (US 20160015315 A1) in view of Yoshimura (JP 2015027329 A) as applied to claim 35 above, and further in view of Howell (US 20150177704 A1).
Regarding claim 42, Auphan in view of Yoshimura further teaches the one or more non-transitory computer readable media of claim 35, wherein the initiation signal is generated mechanically, the operations further comprising:
causing, based at least in part on the initiation signal, adjust the light intensity and sound volume” based on the user’s input in form of the initiation signal], the audio signal configured to cause the smart phone to perform an action [the phone 7 forwarding the collected data (that includes recorded sound) from the bed side device 1 to the server 5] (Auphan, [068, 083, 0148], fig. 4).
However, Auphan in view of Yoshimura still does not teach causing a fragrance to be emitted based at least in part on the initiation signal (a start/initiation command).
Howell teaches one or more non-transitory computer readable media storing instructions to perform the operations comprising: causing, based at least in part on the initiation signal, a fragrance to be emitted [“The fragrance emitter 50 is adapted to automatically emit various kind of fragrance at a preset time”] and an audio signal to be played [“the speakers 26 are adapted to play an alarm sound or music at the preset time”] ([031- 034]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Howell and Auphan in view of Yoshimura because they both related to using a computing device to facilitate sleep better and (2) modify the computer readable of Auphan in view of Yoshimura to cause, based at least in part on the initiation signal, a fragrance to be emitted as in Howell. Doing so would allow the bedside device 1 of Auphan in view of Yoshimura to further help sleep its users with additional comforts/relaxations as can be clear to PHOSITA.
Claim(s) 1, 27, & 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auphan et al., (US 20160015315 A1) in view of Yoshimura (JP 2015027329 A), and further in view of Park et al. (US 20170223482 A1).
Auphan and Park are references of the record. The combination of Auphan, Yoshimura, and Park is referred as AYP hereinafter.
Regarding claim 1, Auphan teaches a system [“A sleep assist system to monitor and assist the user's sleep” comprising “a bedside device positioned near the user's bed” e.g., “a bedside device 1”] for monitoring sleep comprising: (Abstract, [054]);
a housing [the outer covering area/surface of the bedside device 1] ([053-054]);
a first portion [Fig. 1b shows the device 1 coupled with the mattress 10 via one of its port using “connected via a wire 100”. The area around the port where the wire 100 couples the bedside device 1 is mapped as claimed first portion] of the housing configured to couple the system to a piece of furniture (Fig. 1a, [056, 062, 072]);
a second portion [an area (e.g., “equipped with one or more USB/micro USB ports to allow…wired connection”) around surface of the device 1 that allows wired coupling of the device 1 with mobile terminal 7 as part of “a mobile terminal with an application which may connect wirelessly or through a wire to the bedside device”, para. 043] of the housing configured to couple the system to a mobile device [“mobile terminal 7 communicates with the bedside device 1 and may be used for controlling and/or programming the bedside device 1”] ([3016, 043, 063-065, 072]);
one or more processors [“the processing unit 140” of the “control unit 14”]; and one or more non-transitory computer readable media [e.g., “memory unit 141”] having instructions stored thereon which, when executed by the one or more processors, cause the one or more processors to perform the operations comprising: ([073, 078, 084, 092]);
[a] receiving an initiation signal [any signal(s) or combination of signals received at the bedside device 1 to begin gathering sleep data or run the adaptive sequence] indicative of a request [“drive the bedside device 1 to run the adaptive sequences (light and sound programs), either manually launched by the user or triggered at a specified time”] by a user to begin a sleep session, the initiation signal being generated in response to detecting a triggering event
[b] causing, based at least in part on the initiation signal, one or more of the mobile device or the system to initiate a sleep sequence configured to promote sleep of the user, the sleep sequence comprising: controlling a first actuator comprising at least one of a light a screen or a sound system t
Auphan teaches a single bedside device 1 that can be used by multiple people sleeping in a double bed using light source 3 and the loudspeaker 4 as actuators (]081, 0134]).
However, Auphan fails to teach its light source/speakers can project outputs towards a particular direction. Specifically, Auphan fails to teach:
(1) Its detecting a triggering event used as “an initiation signal” to comprise at least one of:
the mobile device being inserted or otherwise retained in a holder of the second portion of the housing, a proximity sensor detecting that the mobile device is proximate to the system, the mobile device being detected, using a gyroscope of the mobile device, to be at a predetermined angle or within a predetermined angle range for at least a predetermined period of time, image detection algorithms detecting the user getting into a bed proximate the system, or a verbal command recognized, using natural language processing, as indicating that the user is ready to begin the sleep session;
(2) its controlling a first actuator comprising at least one of a light a screen or a sound system to comprise to direct one or more of sound or light preferentially towards a first side of a bed and not another side of the bed or towards the user and not another sleeper.
However, the 2nd deficiency is cured by Yoshimura and the 1st deficiency is cured by Park.
Youshmura relates to sleep monitoring device [“light source and sound source supply device 1”] comprising a sound source (speakers 4a, 4b) and a light source (“lights 6a and 6b”) that supply light and sound only “to a predetermined sleeping person without disturbing other sleeping persons around the sleeping bed when sleeping” (pages 2- 3). Specifically, Youshmura teaches a system for monitoring sleep comprising: one or more processors; and one or more non-transitory computer readable media to: (Fig. 1);
receiving an initiation signal [signal sensed by the control unit 8 to select a pattern pre-selected pattern] indicative of generated in response to detecting a triggering event [“the pattern control unit 8 selects a pattern pre-selected from the patterns stored in the storage unit 9 when the sleeper is going to bed, sleeping”] and causing, based at least in part on the initiation signal, one or more of the mobile device or the system to initiate a sleep sequence configured to promote sleep of the user, the sleep sequence comprising: controlling a first actuator [“device units 3a and 3b” with “the super directive speakers 4a and 4b,” and “lights 6a and 6b”] comprising at least one of a light, a screen or a sound system to direct one or more of sound or light preferentially towards [Figs. 6A -6C clearly show that the light and sound are provided only a side of the bed 20 rather than into the complete side of the bed. For example, in fig. 6A, only the pillow side 25 is provided/projected with light and sound and not in the “comforter 26”] a first side of a bed [“sleeping beds 20”] and not another side of the bed or towards the user and not [“a sleeping light source and a sound source supply device, and in particular, supplies a light source and a sound source only to a predetermined sleeping person without disturbing other sleeping persons around the sleeping bed when sleeping, sleeping, and getting up”] another sleeper (Page 4, 7, Figs. 6A- 6C).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Yoshimura and Auphan because they both related to controlling actuators to promote sleeping of a user and (2) modify the operations of Auphan to control its light and sound system to preferentially direct towards a first side of a bed and not another side of the bed or towards the user and not another sleeper. Doing so would allow the actuator(s) (light source and a sound source of Auphan) to output signals only to a predetermined sleeping person without disturbing other sleeping persons even when multiple people sharing the same bed (Yoshimura, page 2 & Auphan [0140]).
Auphan in view of Yoshimura still fails to teach 1st deficiency.
Park teaches a system [smart station 100] for monitoring sleep comprising a processor and memory to: receiving an initiation signal indicative a request by a user to begin a sleep session [“sleep sensor 261 may be a sensor for determining whether a user is sleeping… sleep sensor 261 may correspond to a pressure detecting sensor… smart station 100 may monitor… the sleep sensor 261], the initiation signal being generated in response to detecting the triggering event comprising at least one of: ([039, 044-046]);
the mobile device being inserted [“If a mobile device such as a user device 240 or a tablet 250 is located on the planar surface of the smart station 100, the smart station 100 may perform wireless charging by using a wireless charging coil arranged under the planar surface or may perform a media plugging function”] or otherwise retained in a holder of the second portion of the housing, a proximity sensor [“the sensor 120 may correspond to a pressure sensor or a proximity sensor for detecting whether the mobile device is positioned on the planar surface of the housing of the smart station 100"] detecting that the mobile device is proximate to the system, the mobile device being detected, using a gyroscope of the mobile device, to be at a predetermined angle or within a predetermined angle range for at least a predetermined period of time, image detection algorithms detecting the user getting into a bed proximate the system, or a verbal command recognized, using natural language processing, as indicating that the user is ready to begin the sleep session ([044-045, 077, 081, 085]);
causing, based at least in part on the initiation signal, one or more of the mobile device or the system to initiate [“If a mobile device such as a user device 240 or a tablet 250 is located on the planar surface of the smart station 100, the smart station 100 may perform wireless charging by using a wireless charging coil arranged under the planar surface or may perform a media plugging function”. Under BRI, the media plugging function can be called sleep sequence since it can help user to sleep better with the use of media/music] a sleep sequence configured to promote sleep of the user ([081]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Park and Auphan in view of Yoshimura because they both related to activating a device for sleep monitoring coupled with a mobile device and (2) modify the bedside device of Auphan in view of Yoshimura to include proximity sensor detecting that the mobile device is proximate to the system or the mobile device being inserted or otherwise retained in a holder of the second portion of the housings as additional/backup examples of receiving initiation signal as in Park. Such modification allows additional ways by which users can decide to activate the bedside device to begin data gathering and running the adaptive sequences (Auphan, [0125]). Furthermore, doing so would allow to confirm that the user is ready to go sleep in the bed and activating of the actuators can proceed so that they will not be activated before necessary to achieve power saving as can be clear to PHOSITA. Hence, the combination of Auphan, Yoshimura, and Park teaches each elements of the claim and renders invention of this claim obvious to PHOSITA.
Regarding claim 27, the rejection of claim 1 is incorporated. Thus only in summary, Auphan teaches a method comprising:
receiving, signals at the bedside device that indicate to start driving the bedside device 1] indicative of a smart phone [“mobile terminal 7”] being proximate to the housing and a request [“mobile terminal 7, may be adapted to:… [0128] drive the bedside device 1 to run the adaptive sequences (light and sound programs), either manually launched by the user or triggered at a specified time (for example a morning wake-up program) [0129] run the adaptive sequences (light and sound programs) itself, either manually launched by the user or triggered at a specified time (for example a morning wake-up program) [0130] record and store data received from the bedside device 1,”] by a user to initiate a sleep session ([0125-0130]);
causing, based at least in part on the initiation signal, one or more of the smart phone or the housing [“the bedside device 1”] to initiate a sleep sequence configured to promote sleep of a user proximate the housing, the sleep sequence comprising one or more of: activation of a do not disturb mode on the smart phone, activation of an airplane mode on the smart phone, accepting communications to the smart phone from only one or more predetermined contacts, causing a speaker to emit one or more sounds [“drive the bedside device 1 to run the adaptive sequences (light and sound programs)”], or causing a screen to display one or more of messages or colors ([082, [0125-0130]);
receiving [“communicate in real-time and/or in batch the recorded data (movements, heart rate, breathing rate, sleep cycles etc.) to the bedside device 1,”] sensor data from one or more a sensor coupled to the housing, a sensor of the smart phone, or an additional sensor [“transmit the sensory data obtained thereby to the bedside device 1.”] remote from the housing ([082, 0130, 0135]);
determining, based at least in part on the sensor data, a phase [“the system is configured to monitor the user's sleep, assess the user's sleep cycles and the phase of sleep cycle”] of sleep of the user ([021, 099- 0100, 0137]); and
based at least in part on the phase of sleep, transmitting a signal to an actuator, the signal configured to control the actuator
Auphan does not teach:
(1) its receiving of “an initiation signal “ is “from a proximity sensor located in a housing configured to receive a smart phone,”
(2) its “control the actuator” is to direct one or more of sound or light preferentially towards the first side of the bed and not another side of the bed or towards the user and not another sleeper.
Yoshimura teaches a method comprising: causing, based at least in part on the initiation signal [“the pattern control unit 8 selects a pattern pre-selected from the patterns stored in the storage unit 9 when the sleeper is going to bed, sleeping”] transmitting a signal to an actuator, the signal configured to control the actuator to direct one or more of sound or light preferentially towards the first side of the bed and not another side of the bed or towards the user and not [“a sleeping light source and a sound source supply device, and in particular, supplies a light source and a sound source only to a predetermined sleeping person without disturbing other sleeping persons around the sleeping bed when sleeping, sleeping, and getting up”] another sleeper (Pages 2, 4, 7, Figs. 6A- 6C).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Yoshimura and Auphan because they both related to controlling actuators to promote sleeping of a user and (2) modify the operations of Auphan to control its light and sound system to preferentially direct towards a first side of a bed and not another side of the bed or towards the user and not another sleeper. Doing so would allow the actuator(s) (light source and a sound source of Auphan) to output signals only to a predetermined sleeping person without disturbing other sleeping persons even when multiple people are sharing the same bed and using a single bedside device (Yoshimura, page 2 & Auphan [0140]).
Auphan in view of Yoshimura still fails to teach 1st deficiency of Auphan but is cured by Park.
Park teaches a system and method performed by a smart station 100 (analogous to Auphan’s bedside device 1) for monitoring sleep comprising a processor and memory to:
receiving, from a proximity sensor [“the sensor 120 may correspond to a pressure sensor or a proximity sensor for detecting whether the mobile device is positioned on the planar surface of the housing of the smart station 100"] located in a housing configured to receive a smart phone, an initiation signal [“If a mobile device such as a user device 240 or a tablet 250 is located on the planar surface of the smart station 100, the smart station 100 may perform wireless charging by using a wireless charging coil arranged under the planar surface or may perform a media plugging function”] indicative of a smart phone being proximate to the housing and a request by a user to initiate a sleep session ([044-045, 081, 085]);
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Park and Auphan in view of Yoshimura because they both related to activating a device for sleep monitoring coupled with a mobile device and (2) modify the method performed by bedside device of Auphan in view of Yoshimura to also receive an initiation signal indicative of a smart phone being proximate to the housing and a request by a user to initiate a sleep session from a proximity sensor located in a housing configured to receive a smart phone as in Park. Such modification allows additional ways by which users can decide to activate the bedside device 1 to begin data gathering and running the adaptive sequences to promote sleeping and tracking of the sleeping data (Auphan, [0125]). Furthermore, doing so would confirm that the user is in the bed before activating of the actuators to achieve power saving while operating the bedside device as can be clear to PHOSITA. Hence, the combination of Auphan, Yoshumura, and Park teaches each elements of the claim and renders invention of this claim obvious to PHOSITA.
Regarding claim 44, AYP teaches the system of claim 1,wherein the instructions, when executed by the one or more processors, further cause the one or more processors to perform:
receiving sensor data from one or more of a sensor [“sleep sensing unit 2” can be USB/micro-USB cable connection to the bedside device 1] coupled to the housing, a sensor of the mobile device, or an additional sensor remote from the housing; determining, based at least in part on the sensor data, a phase of sleep of a user sleeping proximate the system (Auphan [056, 087]); and
based at least in part on the phase of sleep, transmitting a signal to at least one of the light, the screen, or the sound system to direct one or more of sound or light preferentially [“supplies a light source and a sound source only to a predetermined sleeping person without disturbing other sleeping persons around the sleeping bed when sleeping”] towards the first side of the bed and not another side of the bed or towards the user and not another sleeper (Auphan, Figs. 1- 2 [087]; Yoshimura, page 2, 4).
Claim(s) 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over AYP as in claim 1, in view of Heneghan et al. (US 20180064388 A1).
Regarding claim 45, AYP further teaches The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause the one
or more processors to perform:
determining, based at least in part on the sensor data and the initiation signal, one or more of a bedtime and a wake time of the user; and determining, based at least in part on the sensor data, a phase of sleep of the user
AYP fails to teach determining an amount of time spent in one or more phases of sleep, a total time the user is asleep during the sleep session.
Heneghan relates to estimating sleep states of a user based on sensor data (Abstract). Specifically, Heneghan teaches system for monitoring sleep configured performs operations comprising:
determining, based at least in part on the sensor data, a phase of sleep of the user and an amount of time spent [“representative relative percentile breakdown of total time spent in each of the sleep stages”] in one or more phases of sleep, a total time the user is asleep during the sleep session ([030-031, 0181]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Heneghan and AYP because they both related to sleep monitoring system providing sleep related data to the users and (2) modify the system of AYP to include operations of determining phase of sleep of the user and an amount of time spent in one or more phases of sleep, a total time the user is asleep during the sleep session as in Heneghan. Doing so would improve the provided sleep data to the user by providing a high-level overview or snapshot of the person's overall sleep behavior during the sleep session being reviewed (Heneghan [0181]).
Claim(s) 5 & 7- 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over AYP as in claim 1, in view of Wurtz et al. (US 20140097793 A1, reference of record).
Regarding claims 5 & 7- 9, AYP teaches a housing of an electronic system comprising first and second portions to provide services to a user but fails to elaborate additional housing related details for its system for monitoring sleep (bed device 1) (Auphan, Figs. 1, 4, [063]).
Thus, AYP teaches the system of claim 1 as set forth above but fails to teach remaining (limitations added in dependent claims) limitations of these claims but are cured by Wurtz.
Wurtz relates to a computing docking station [“docking station suitable for use” 100, analogous to Auphan’s “a bedside device 1”] with sensors and actuators and pluralities of the charging port(s) for various electronic devices. More specifically, Wurtz teaches a system [“docking station is made up of a body 100”] for monitoring sensor data comprising: a housing [“a body 100”], a first portion [upper area] of the housing and a second portion [e.g., “a base” area] of the housing ([009, 044-046]);
As to claim 5: wherein at least one of the first portion of the housing and the second portion [“exposed charging pin”] of the housing is configured to be adjustable [“length of the exposed charging pin may also be adjusted to accommodate various protective cases used with mobile devices”] in size ([044]);
As to claim 7: wherein the second portion [area around the port 110 “a charging component 110”] of the housing configured to couple the system to a mobile device comprises an angled support [“The back wall 108 in some embodiments is positioned to allow a mobile device set in the docking station to lean against the back wall 108.” or “the channel has a floor 107 that extends in the direction from front 103 to back 104 at a downward angle with respect to the horizontal… for an angled floor”] configured to receive and hold the mobile device [“mobile device 118”] ([047-050], Figs. 1A- 1B);
As to claim 8: wherein the angled support is configured to hold the mobile device at an angle in the range of approximately 25 to 40 degrees from vertical (See figs. 1A- 1B shows the angle can be approximately 25 to 40 degree from vertically);
As to claim 9: wherein the second portion of the housing configured to couple the system to a mobile device comprises at least one support arm [“the pin 111 extends through the hole 112 in the channel floor 108”, wherein “the docking station include means for simultaneously adjusting the height and forward position of the pin 111”], wherein the location of the at least one support arm is adjustable to accommodate mobile devices of different sizes ([0050, 053, 059]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Wurtz and AYP because they both related to a computing device with sensors and actuators configured to be wired coupled with various types of mobile terminals and (2) modify the system of AYP to include missing limitations of claims 5 & 7- 9 as in Wurtz. Doing so would allow to continue to charge the different types and models of the mobile terminals 7 from the bedside device 1 of AYP while permitting the user to conveniently access the display of the mobile terminal 7 and exchange data from various makes and models of the mobile terminals including those placed in protective cases (Wurtz, [003-004, 044] & Auphan [043] fig. 4).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over AYP in view of Rivera et al. (US 9742889 B1, references of record).
Regarding claims 10- 12, AYP teaches the system of claim 1 comprising a second portion of the housing of a bedside device 1 configured to couple the system to a mobile device as discussed above.
However, AYP fails to teach remaining limitations recited in claims 10- 12 but are cured by Rivera.
Rivera relates to a device that serves several functions including accommodating pluralities of the mobile terminals and is connected to electrical power via various types of charger cords (Col 1, lines 1- 10, Fig. 1 & associated texts). Specifically, Rivera teaches a system [“The device 10 is secured to the counter via fasteners”, analogous to bedside device 1 of Auphan] comprising: a housing and a second portion [portion above the cup holder 26] of the housing configured to couple to a mobile device (Fig. 1 & associated texts):
As to claim 10: wherein the second portion of the housing configured to couple the system to a mobile device comprises a container [“an angled phone charging surface 20 provided with u-shaped retaining members 22 for holding a cellular phone on the angled phone charging surface 20”] configured to receive and hold the
smart phone (Fig. 1, Col 2 lines 55- 68);
As to claim 11: wherein the second portion of the housing comprises a vertical support [“a top 18 of the post 16 supports”] configured to couple the second portion of the housing to the first portion of the housing (Figs. 1- 3);
As to claim 12: wherein the second portion of the housing comprises a vertical support [“a top 18 of the post 16 supports”] and an angled support [“the angled phone charging surface 20”], wherein the vertical support is movably coupled to the angled support to allow for adjustment of an angle from vertical of the angled support (Fig. 1, Col 2 lines 55- 68; col 3 lines 1-10).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Rivera and AYP because they both related to an electronic device that can charge to pluralities of the mobile terminals to be used in area having close spacing and (2) modify the bedside device 1 of AYP to include missing limitations from Rivera. Doing so would allow to easily charge different types of the mobile phones 7 at the bedside device 1 and also avoid (due to using of the vertical stand and base plate) using the nightstand to make the bedside device more appealing while being able to provide comfort to the user (Fig. 1a of Auphan & Rivera, Fig. 1, Col 1 lines 65- 68).
Claim(s) 6, 16, 21, & 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over AYP in view of Shirakawa et al. (JP 2019094855 A, references of record).
Regarding claim 16, AYP further teaches the system of claim as set forth above. Auphan teaches a sleep monitoring computing device [bed device 1] with sensors and actuators to promote better sleeping and tracking of the sleeping data.
However, AYP fails to teach:
wherein the first portion comprises a motor configured to change an orientation of the system relative to the user, and wherein the operations further comprise: determining, based at least in part on the sensor data, a position of the user relative to the system; and sending a signal to the motor to adjust an orientation of the system to optimize a position of the user relative to the sensor data as claimed.
Shirakawa relates to an electric fan (1) comprising a motorized actuator to help user to sleep better cures these deficiencies. Specifically, Shirakawa teaches a system [fan 1 shown in fig. 1, analogous to Auphan’s bed side device 1] for monitoring sleep comprising:
a processor and a memory [“The controller 9 includes, for example, a processing circuit having at least one processor and at least one memory”], a first portion of a housing of the system comprising a motor [“left and right swing motors 6” and/or “the vertical movement motor 7”] configured to change [“controller 9 may detect the position of sleeping person 300 while adjusting the orientation of movable body 4 by vertical movement motor 7”] an orientation of the system relative to the user [“the sleeping person 300”], and ([023, 026, 031]);
wherein the operations further comprise: determining, based at least in part on the sensor data, a position [“detect the position of sleeping person 300”] of the user relative to the system; and sending a signal to the motor to adjust [“controller 9 may adjust the magnitude and the range of the second angle β based on the information detected in the person position detection operation”] an orientation of the system to optimize a position of the user relative to the sensor data ([031, 038, 041, 047]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Shirakawa and AYP because they both related to a sleep monitoring computing device with various actuators and sensors to help user sleep better in a bed and (2) modify the system of AYP to include missing limitations as in Shirakawa. Doing so would allow the outputs of the actuators of the AYP used to provide comfort to the user to be automatically and more precisely directed to the directions where the person is sleeping thereby further increasing good quality sleep while minimizing energy consumption (Shirakawa, [0029, 053]).
Regarding claim 21, AYP teaches the system of claim 1, wherein the housing is coupled to a deformable membrane associated with a bed, an wherein the deformable membrane [mattress 10] causes the housing to provide sensor data [“sensing portion 22 is configured to measure one or several parameters, such as the user's heart rate, user's position and/or movements, breathing frequency, skin temperature, body weight etc.”, wherein the sensing portion 22 is provided in the form of a pad. The pad may be positioned under the mattress 10,] to the processor of the system/mobile device
However, AYP fails to teach its sensor data obtained from the deformable membrane to cause to rotate based on a position of the user relative to the piece of furniture as claimed. Auphan teaches deformable membrane (sensor data thereof) causing to change outputs (lights, sound) provided to the user but does not teach actual rotating of the housing.
Shirakawa teaches a system [“the fan 1”, analogous to Auphan’s bedside device 1] for monitoring sleep comprising: a processor to detect the position of a user on a bed along with other parameters such as temperature using one or more sensors and automatically adjusting the position of the system for monitoring to provide targeted air flow towards the user (Figs. 1, 3). More specifically, Shirakawa teaches the sensed data from the sensors of the system for monitoring sleep to cause the housing to rotate [“Controller 9 may adjust the magnitude and the range of second angle β so that the wind hits the whole body of sleeping person 300”. The data from person sensor can cause to rotate the housing of the fan 1 ] based on a position of the user relative to the piece of furniture ([017, 022, 030-031]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Shirakawa and AYP because they both related to a computing device to help user to sleep better and (2) modify the system of AYP to use the position data (from “mattress 10”) of the Auphan to cause the housing to rotate based on a position of the user relative to the piece of furniture. Doing so would help user to get good quality sleep even when the users of the Auphan change their position while they are asleep (Shirakawa, [0125]). Accordingly, in the combination of AYP and Shirakawa, since the data from the mattress 10 cause rotating the housing of the bedside device 10 of Auphan, it can be also said, under BRI, that the mattress/deformable membrane also can cause the housing to rotate based on a position of the user relative to the piece of furniture as claimed.
Regarding claim 6, AYP teaches the system of claim 1, wherein the first portion of the housing of the system (beside device 1) is caused to have wired connected with “mobile terminal 7” ([043, 072], fig. 4) and a second portion (lower/bottom region) of the of the housing is caused to have wired connection () with a mattress 10 (Fig. 1b, [056]). Auphan further shows that its device 1 is placed on top of nightstand (Figs. 1a- 1b).
However, AYP still does not teach its upper housing portion (housing area around that used to couple with mobile phone) and its lower housing portion (used to couple with the mattress 10) are not connected via connections as claimed. That is, AYP fails to teach wherein the first portion of the housing is configured to couple to the second portion of the housing using connections allowing the first portion and the second portion to move relative to one another.
Shirakawa teaches a device [fan 1] for monitoring sleep comprising:
a first/upper portion [portion above the support 3] of the device and a second/lower portion [“pedestal portion 2” having “control unit 9”] of the device, wherein the upper and lower portion of the device are connected with connections [subsections of “support 3” shown in fig. 1] (Figs. 1- 2, [0011, 015]). Shirakawa clearly shows that by using support portion 3, the device for monitoring sleep easily can provide actuator outputs towards the person 300 sleeping on the bed without having to use nightstand. Furthermore, Shirakawa shows that by adjusting the height of the “support portion 3”, the first portion and the second portion of the device can move (closer/father distance) relative to one another.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Shirakawa and AYP because they both related to a device for monitoring sleep with sensors and actuators and (2) modify the bedside device 1 of Auphan in AYP to add a support portion 3 under the housing of the bedside device 1 and a pedestal portion 2 at the floor as in Shirakawa. Doing so would avoid the situation where Auphan’s bedside device 1 to be placed on top of a nightstand (to save cost) as can clear to PHOSITA (Auphan, fig. 1, Shirakawa, fig. 1). That is, the modifying of the AYP’s beside device 1 to add a varying lengths of “support portion 3” and a bottom pedestal portion would have been obvious to PHOSTIA depending on user’s choice. In summary, the combined teachings of AYP and Shirakawa teaches each elements of the claim and renders invention of this claim obvious to PHOSITA.
Regarding claim 28, AYP teaches the method of claim 27 as discussed above but fails to teach remaining limitations of the claim.
However, Shirakawa cures these deficiencies as discussed above. Specifically, Shirakawa teaches a method comprising: the housing comprises a motor [“the motors 7/8”] configured to change an orientation of the housing relative to the user [item 300], and wherein the method further comprises: determining, based at least in part on the sensor data, a position [“control unit 9 detects the position of the sleeping person 300 by the human body detection sensor 4e”] of the user relative to the housing [housing of the fan 1]; and sending a signal [commands from the control unit 9 to the motors 7/8] to the motor to adjust an orientation of the housing to optimize a position of the user relative to the sensor data (Fig. 1, 4, [026, 029, 031, 038]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Shirakawa and AYP because they both related to a computing device actuating actuators to help user sleep better and (2) modify the method of AYP to include missing limitations from Shirakawa. Doing so would allow the outputs of the actuators of the AYP used to provide comfort to the user to be automatically and more precisely directed to an direction where the person is sleeping on the bed thereby increasing good quality sleep while minimizing energy consumption (Shirakawa, [0029, 053]).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable AYP as in claim 1, in view of Park’290 (US 20060126290 A1), and further in view of Kim et al. (US 20220014841 A1, Foreign Priority: 2020-07-10).
Park’290 and Kim are references of the record.
Regarding claim 20, AYP teaches the system of claim 1, output a sound emitted from the smart phone (Auphan, [065, 080-081]).
However, Auphan fails to teach the limitations shown with strikethrough emphasis.
Park’290 teaches a system/method for coupling a portable device [computer] with a docking station 40 (analogous to Auphan’s bedside device 1) having a housing [hardware frame] and a series of interfaces for electric connection ([005-006]). Specifically, Park’290 teaches wherein the housing is comprised of material and shaped to block at least a portion of electromagnetic radiation [“computer body 10 is provided a body shield 17 capable of shielding electromagnetic waves generated from one or more components disposed inside of the computer body 10”] emitted from the smart phone ([024-026, 033]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Park’290 and AYP because they both related to a docking device that allows connecting portable computing device (phone/laptop) and capable of generating electromagnetic radiation and (2) modify the method of AYP’s bedside device to have the housing of the system comprised of material and shaped to block at least a portion of electromagnetic radiation emitted from the smart phone as in Park’290. Doing so would minimize the potential harm to the user that can be caused by user being exposed to the emitted electromagnetic radiation due to using of the bedside device 1 and the connected mobile terminal 7 as can be clear to PHOSITA (Fig. 4 of Auphan).
While AYP in view of Park’290 teaches of using load speaker 4 in its bedside device 1, it still fails to teach the area around the speakers are shaped and positioned to amplify a sound emitted from the smart phone.
Kim teaches using of the various holes around the speaker to amplify the sound emitted from the speaker in an electronic devices. Specifically, Kim teaches the system comprising a housing for a computing device with speaker, wherein the housing comprises a third portion shaped and positioned to amplify [“the speaker holes may amplify an acoustic wave emitted to an upper portion of the speaker and generate a sound to the outside”, “plurality of speaker holes 130 may be arranged in an uppermost portion of the upper frame 101”] a sound emitted from the smart phone ([012, 042]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Kim and AYP in view of Park’290 because they both related to playing sound emitted from a phone from a speaker of housing and (2) modify the housing of AYP in view of Park’290 to include a third portion shaped and positioned to amplify a sound emitted from the smart phone as in Kim. Doing so would allow to transmitting the amplified or resonated sound that is much louder than the generated sound to the outside from the housing of AYP in view of Park’290 (Kim [042]).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable AYP as in claim 1, in view of Park’290 (US 20060126290 A1).
Regarding claim 29, AYP further teaches method of claim 27,
AYP fails to teach limitations with strikethrough emphasis.
Park’290 teaches a system/method for coupling a portable device [computer] with a docking station 40 (analogous to Auphan’s bedside device 1) having a housing [hardware frame] and a series of interfaces for electric connection ([005-006]). Specifically, Park’290 teaches wherein the housing is comprised of material and shaped to block at least a portion of electromagnetic radiation [“docking shield 47 is provided between electronic components and the docking casing 41 to shield electromagnetic waves generated from electronic components provided within the docking station”] ([024-026, 033]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Park’290 and AYP because they both related to a docking device that allows connecting portable computing device (phone/laptop) and capable of generating electromagnetic radiation and (2) modify the method of AYP to have the housing of the system comprised of material and shaped to block/shield at least a portion of electromagnetic radiation as in Park’290. Doing so would minimize the potential harm to the user that can be caused by user being exposed to the emitted electromagnetic radiation by the bedside device 1 and the connected mobile terminal 7 as can be clear to PHOSITA (Fig. 4 of Auphan).
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over AYP as in claim 27, and further in view of Fouts (US 20200253805 A1, reference of record).
Regarding claim 30, AYP teaches the method of claim 27, wherein
determining to wake the user (Auphan [043, 094]); information screen on suitable services may be provided”] to be played until an additional signal from the proximity sensor is received (Auphan [028], Park, [0077]).
However, AYP fails to teach the housing comprises a spring and a latching mechanism, and wherein transmitting the signal comprises: determining causing the latching mechanism to be released.
Fouts relates to a docking station device (analogous to bedside device 1 of Auphan) comprising a housing to releasably mount a portable device (analogous to mobile terminal 7 of Auphan) such as mobile device when mounting of the mobile device is required during surgery ([002-003], fig. 1). Specifically, Fouts teaches wherein the housing [“docking station 10”] of the docking station comprises a spring [“this lock can be released by a spring-loaded button”] and a latching mechanism [“ball bearing press-locking mechanism”], and wherein transmitting the signal comprises: causing the latching mechanism to be released so that the mobile terminal can be unlocked from locked position ([050], fig. 3).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine AYP and Fouts because they both related to coupling a mobile terminal into a mounting device and (2) modify the bedside device of AYP to include missing features from Fouts. Doing so would allow to securely hold the mobile device 7 while it is being wired coupled with the bedside device 1 so that it will not be accidently dropped into the floor until the user wakes up as can clear to PHOSITA.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over AYP as in claim 27, and further in view of Kim et al. (US 20220014841 A1, Foreign Priority: 2020-07-10, reference of record).
Regarding claim 31, AYP teaches the method of claim 27, wherein the housing comprises a portion shaped and positioned to output
However, AYP fails to teach whether the output emitted from the speaker can amplify the emitted sound or not.
Kim teaches wherein the housing comprises a portion shaped and positioned to amplify [“the speaker holes may amplify an acoustic wave emitted to an upper portion of the speaker” and “speaker hole 130 may have a hemisphere shape or a box shape for resonance of a sound”] a sound emitted from a speaker ([012, 042]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Kim and AYP because they both related to emitting sound from a speaker of housing and (2) modify the housing of AYP to include a portion shaped and positioned to amplify a sound
emitted from a speaker as in Kim. Doing so would allow to transmit the amplified or resonated sound that is much larger than the generated sound to the outside from the housing of Auphan (Kim [042]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Tapia (US 20160021173 A1) teaches , the subscriber indicates on an app of the smartphone that the phone is placed on his bed, thereby allowing it to monitor his or her sleeping pattern ([0108]).
Contacts
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANTOSH R. POUDEL whose telephone number is (571)272-2347. The examiner can normally be reached Monday - Friday (8:30 am - 5:00 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, Kamini Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANTOSH R POUDEL/ Primary Examiner, Art Unit 2115
1 Inter alia, “preferentially towards a first side of a bed and not another side of the bed or towards
the user and not another sleeper”
2 Applicant's specification, in para. [0110-0111] states, inter alia, "On, after, or in response to determining that a mobile device has been so inserted or removed, one or more processes may be initiated, including, but limited to: launching one or more apps and/or user interfaces on the mobile device (e.g., launching a sleep monitoring app ), playing an audio file, displaying an image or video file, actuating a light of the mobile device, or the like .... processor automatically launches an app for monitoring and tracking sleep (and/or controlling other networked devices)."
3 “the mobile terminal being configured to be coupled at least to the bedside device and to receive data from the bedside device”
Prosecution Insights