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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1,3-4,6-8,10-11,13-21 and 24-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, line 12, “the duration of the first time period” lacks antecedent basis.
Regarding claim 3, line 2, “the duration of the first time period” and “the region” lack antecedent basis.
Regarding claim 4, line 2, “the duration of the first time period” lacks antecedent basis.
Regarding claim 7, line 3, “the audio output sequence” lacks antecedent basis.
Regarding claim 8, line 5, “the senses and analyzed sound level” lacks antecedent basis and “the first sound level relative the sensed and analyzed sound” should be -- the first sound level relative to the sensed and analyzed sound--.
Regarding claim 10, line 3, “the audio output sequence” and “the duration of the first time period” lack antecedent basis.
Regarding claim 19, line 3 , “the neck of a caretaker” lacks antecedent basis.
Regarding claim 22, line 4, “the features of” and line 5, “the duration of the first time period” lack antecedent basis.
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.
Claim(s) 1,3-4,6-8,10,11,13, 19, 20, 22, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karp et al.( 20190247611) hereinafter Karp et al.
Karp et al. teaches an infant calming/sleep-aid device that includes a moving platform and a sound generator, the sound and motion adapted to calm a fussy baby, induce sleep, and maintain sleep under normal conditions. The device makes a determination as to whether sound signals represent sound coming from inside the device or outside the device. If the sound signals are coming from the inside the device, then the signals are evaluated in a specified frequency band to determine whether the sound is a baby cry. If a determination is made that there is a baby cry, then a threshold analysis is performed to quantify the cry and compare it to a threshold value. If the cry is above a specified threshold, the device moves the platform and/or generates sound.
Regarding claims 1 and 22, Karp et al. teaches a loudspeaker, a controller for controlling the loudspeaker, a sound input pattern to be fed to the loudspeaker, and a power source , the audio device is programmable to output audio sequences at two or more sound levels, and wherein the audio device is programmed to output a first sound pattern during a first time period at a first sound level, and automatically switch to output a second sound pattern during a second time period at a second sound level when the duration of the first time period has expired, and the second sound level is lower than the first sound level. Note Figure 10 and paragraphs [0114] sets forth speakers and a controller , [0157] teaches Audio generation module 130 (FIG. 14) may begin to increase sound levels when mild signals are received, [0167] sets forth The sound in the device may be adapted to respond to the baby's upset by starting a specially engineered high-pitched sound, then stepping down to quieter, lower pitched white noise over several minutes. A wide variety of sound patterns may be enabled. The device may be adapted to gradually increase the intensity of the sound and/or motion during the early weeks of life and to gradually reduce (i.e. wean) the intensity of the sound and/or motion over a suitable time period, such as several weeks or several months later in infancy, and [0269] sets forth the device may be battery operated.
Regarding claim 3, Karp et al. teaches wherein the duration of the first time period is in the region 1- 30 seconds, or 1 - 20 seconds, or 1 - 10 seconds, or 4 - 7 seconds, or 5 seconds, with a deviation of +/- 0,5 seconds. Note Figure 22G and paragraph [0209] teaches FIG. 22G illustrates an exemplary process 2296 for quantifying an infant cry with a threshold filter. An average of amount of energy, or sound intensity, during a specified time period may be determined. For example, an average sound intensity over a rolling six second period may be obtained. Paragraph [0216]-[0219] and [0254] –[0260] sets forth Baseline may step up to Intervention1 if Crying______D1 is detected. Crying______D1 may trigger at 0.6 accumulated seconds of Crying Audio Classification time during a period of 6 seconds, and the like. [0256] Intervention2 settings may be based on the age of the infant. Intervention2 settings for an infant younger than 0.5 months may be 2.8 Hz motion and Strong Hair Drier sound at 75 dB, may switch to Timeout if Crying______D2 is detected in the last 10 seconds (3:50 to 4:00), otherwise step to CoolDown2 after 4 minutes, and the like. Crying______D2 may trigger at 1.2 accumulated seconds of Crying Audio Classification time in a period of 6 seconds.
Regarding claim 4, Karp et al. teaches wherein the duration of the second time period is indefinite. Note paragraph [0260] indicates the device may be reset manually by the user which would imply an indefinite timeframe.
Regarding claim 6, Karp et al. teaches wherein the first sound level and/or the second sound level is adjustable. Note Figure 10 and paragraphs [0114], [0157] , [00158] The level of motion and or sound output may also be modified by the caregiver's choice of a special boost function, [0167], [0189] , and [0269].
Regarding claim 7, Karp et al. teaches a start button for starting or restarting the audio output sequence. Note Figure 10 and paragraphs [0114], [0157] , [00158] , [0167], [0182] teaches Examples of control interactions may include the ability to turn on Intervention4 using four fast taps of the on/off button within two seconds, turn on/off the infant calming/sleep aid device 2258 by pressing and holding the on/off button for three seconds, [0189] , and [0269].
Regarding claim 8, Karp et al. teaches a sound sensor and a sound sensor analyzing module wherein the sound sensor analyzing module is enabled to define the first sound level relative the sensed and analyzed sound level from the sound sensor. Note Figure 10 and paragraphs [0024]-[0025], [0114], [0157] , [00158] , [0167].
Regarding claim 10, Karp et al. teaches an automatic restart module for restarting the audio output sequence when the duration of the first time period has expired and sensed and analyzed sound level from the sound sensor is higher than the second sound level. Note Figure 10 and paragraphs [0024]-[0025], [0114], [0157] , [00158] , [0167], [0173] teaches the user interface 2201 may have controls, set-up information input, and other input data that can be sent to the control system of the device. Controls may include an on/off control, sound control, motion control, light control, and the like. Controls may be enabled or disabled. Motion control may have an extension option that automatically extends the sound, and [0253] teaches when Baseline Boost is set for an extended setting, it may automatically revert to default after 14 days of activation, immediately, and the like.
Regarding claim 11, Karp et al. teaches a power storage device for powering the audio device, wherein the power storage device is one of, or a combination of: a one-time use battery a rechargeable battery a capacitor a remote connected power source or a power grid connector connecting the audio device to a power grid. Note Figure 10 and paragraphs [0024]-[0025], [0114], [0157] , [00158] , [0167], and [0269] sets forth the device may be battery operated.
Regarding claim 13, Karp et al. teaches a configurable audio sound pattern device providing the sound input pattern to be fed to the loudspeaker. Note Figure 10 and paragraphs [0024]-[0025], [0114], [0157] , [00158] , [0167].
Regarding claims 19 and 20, Karp et al. teaches an enclosure for being mounted close to an infant resting pillow/headrest position. [0164]teaches one or more speakers 2110, supported by brackets 2112 mounted on rigid base 2114, may be located directly beneath head position of infant on main moving platform 2102.
Regarding claim 24, Karp et al. teaches an audio device according to claim 1 and a remote processing device. Note Figure 10 and paragraphs [0024]-[0025], [0108] teaches The sensor signal can be fed back through rigid base control electronics 36 or/and control panel 34 to a control system such as software, either on-board or remote from infant calming/sleep-aid device 10. [0114], [0157] , [00158] , [0167], [0185] teaches microphone or sound sensor 2202 may send data to cry/state detection module 2218. Accelerometer or motion sensor 2208 may send motion data to motion analysis module 2222. Communication facility 2214 may be used to establish communication between inputs 2200 and control system 2216. Communication may be established via direct control, remote control, and the like. Direct control may include providing control inputs to the communication facility from input devices directly integrated with the infant calming/sleep-aid device 2258. Remote control may include providing control inputs to the communication facility from input devices remotely connected to the infant calming/sleep-aid device 2258. Remote connectivity may include wired and wireless connectivity. Wireless connectivity may include Wi-Fi connectivity, Bluetooth connectivity, and the like. Journaling may include track feedings, track diapers, and the like.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karp et al.( 20190247611) hereinafter Karp et al. in view of Ziyu et al.( CN 202207144) hereinafter Ziyu et al.
Karp et al. teaches the claimed invention as set forth above including [0187] Control system 2216 may also be in communication with data storage facility 2254, rules engine 2256, and the like. Data storage facility 2254 may store information that may be accessed by other modules of the control system, and the like. Rules engine 2256 may provide rules for inputs and triggers to a mechanism to activate the “calming reflex” of an infant.
Karp et al. Does not specifically teach a memory chip or memory chip reader as the type of data storage.
Ziyu et al. teaches in the same field of endeavor of monitoring sleep issues a sleep apnea monitoring instrument which is characterized by comprising a monitoring apparatus and a card reader, wherein the monitoring apparatus is mainly composed of a control chip, a memory card, the data end of the control chip is connected with the memory card, the counting end of the control chip is connected with the timer, and the card reader reads the data in the memory card.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute in the device of Karp et al. the memory chip and memory card reader of Ziyu et al. as substitution of one known memory storage and retrieval method for another with a reasonable expectation for allowing data storage and retrieval in the device of Karp et al.
Claim(s) 15 – 17 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karp et al.( 20190247611) hereinafter Karp et al. in view of Jackson(US 20170258398) hereinafter Jackson.
Karp et al. teaches the claimed invention as set forth above including a control system and a microprocessor [0270] a Microprocessors may be used to differentiate sounds, such as infant sounds, system sounds, or ambient noise. Microprocessors may be used to record and analyze sounds. Such sounds may include sounds which reflect a baby's state (e.g. sleeping, crying) or to provide feedback. Microprocessors may be used to generate responses and deliver the optimal mix of sound. [0172] User interface 2201 may be an integral part of the infant calming/sleep-aid device 2258, or a separate piece, such as on a mobile peripheral device, which may be connected by a wired connection, a wireless connection, and the like to the infant calming/sleep aid device 2258. The wireless connection may be a Wi-Fi connection, Bluetooth connection, and the like. [0185] Remote connectivity may include wired and wireless connectivity. Wireless connectivity may include Wi-Fi connectivity, Bluetooth connectivity, and the like. Journaling may include track feedings, track diapers, and the like. [0262] A connected device may be a smartphone, tablet computer, and the like. [0275] The infant calming/sleep-aid device 2258 may be controlled remote by smartphone or other mobile device using communication standards such as Bluetooth. [0187] Control system 2216 may also be in communication with data storage facility 2254, rules engine 2256, and the like. Data storage facility 2254 may store information that may be accessed by other modules of the control system, and the like. Rules engine 2256 may provide rules for inputs and triggers to a mechanism to activate the “calming reflex” of an infant.
Karp et al. does not specifically teach an antenna for signal communication
Jackson teaches a system for collecting and/or communicating information to a caregiver or other user relating to the sleep and/or development of a child. Example embodiments of the invention are configured to collect and/or relay information relating to the sleep of a child and automatically implement a sequence of child-soothing measures to calm down a crying infant before resorting to alerting the caregiver. For example, the system can be configured to implement soothing measures such as white noise, vibration, soft music, and rocking. [0029] The monitoring device 102 is configured to send the measured data (e.g., number of hours slept in a night, number of sleep cycles completed) to the feedback device 104. In typical embodiments, the monitoring device 102 includes a conventional transmitter and antenna and the feedback device 104 includes a conventional antenna and receiver for conventional wireless communications from the monitoring device to the feedback device. [0066] Further similarly, the control unit 1104 includes a processor 1122, a storage device 1124, and communication components 1126. These elements can be of a conventional type commonly used in consumer and children's products, so for brevity they will not be detailed. The storage device 1124 includes non-transitory memory that stores control software with instruction sets that are readable by the processor for implementing the functionally described herein (including to analyze the measured physical-condition data to determine a sleep condition of the child, and based on that control the output devices to run a sleep-training process). The memory optionally stores data such as preset (default or user selected) output sequences, preset wake-up parameters, user information (e.g., the name and birth-date/age of the child), and other data for implementing the functionality described herein. [0067] The remote data source 1128 can be a database, website, or other data source on a remote computer that is connected for communications with the control unit 1104.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Karp et al. an antenna to support the wireless and remote communications and “cloud” or external website based data sources as taught by Jackson.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karp et al.( 20190247611) hereinafter Karp et al. in view of CETINKAYA(WO 2018226174) hereinafter CETINKAYA.
Karp et al. teaches the claimed invention as set forth above including [0028] controlling an infant calming/sleep aid device comprising providing an infant calming/sleep-aid device comprising a platform for supporting an infant, a control system for receiving at least one input relating to the infant from a user and for generating at least one output that controls at least one of a motion of the platform and a sound directed to the infant, [0169] Outputs from the control system 2216 are directed to devices such as one or more speakers 2248 for controlling the generation of sound.
Karp et al. does not specifically teach a sound directing device for directing the sound from the speakers. CETINKAYA teaches in the same field of endeavor a device which provides babies to calm down without any parent intervention by making them listen to the white noise installed to its memory by pre-determining of their cry with the change in their breathing and the vibration occurs during crying. The microprocessor starts babies to listen to the white noise through headphones placed on the baby's ears, which are recorded in memory or connected with an external media player. These headphones are placed in such a way that they will not create a weight on the baby's head and will not damage the skin.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Karp et al. headphones as taught by CETINKAYA to better direct the sound to the infant’s ears.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kansagra(US 10940286) teaches A method for promoting continuous sleep of a subject by eliminating and/or preventing sleep associations includes: (a) providing an apparatus including at least one sensor and at least one output device; (b) monitoring a state of the subject using the apparatus; (c) determining the subject is in an awake state using the at least one sensor.
Labrosse et al.(US 20180310091) teaches a sound management system for use by a user located within an environment includes a memory device for storing a selection of sounds. The sounds can be music and/or various “colors” of noise (e.g., white, pink, and brown). A controller is used to select one particular stored sound based on a measured biological condition of the user, such as stress or fatigue, or an environmental condition of the environment, such as ambient noise.
BIKKO(WO 2007079068) teaches a breathing biofeedback device, having a microphone configured to acquire sounds of a user's breathing; a controller communicatively connected with the microphone, the controller processing the signals acquired by the microphone to produce an output signal.
GRINNELL et al.( CA 2321588) teaches soft cloth doll producing a white noise where the noise is pre-recorded by a loop playback device. The noise playing doll when kept nearby a colicky baby, provides a diversion to the colicky baby.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791