Prosecution Insights
Last updated: May 29, 2026
Application No. 18/271,604

SLEEP MONITORING CAPSULE AND SLEEP MONITORING SYSTEM

Non-Final OA §103
Filed
Jul 10, 2023
Priority
Jan 29, 2021 — JP 2021-013416 +1 more
Examiner
HOLMES, REX R
Art Unit
3796
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nine Hours Inc.
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
930 granted / 1158 resolved
+10.3% vs TC avg
Strong +18% interview lift
Without
With
+18.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
34 currently pending
Career history
1198
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
65.5%
+25.5% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1158 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/10/26 has been entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1-2 and 4-6 have been considered but are moot because the new ground of rejection does not rely on prior rejection of record for any teaching or matter specifically challenged in the argument. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 12/31/25 has/have been acknowledged and is/are being considered by the Examiner. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-2 and 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frykman (U.S. Pub. 2004/0250481) in view of Guern et al. (U.S. Pat. 5,107,845 hereinafter “Guern”) and Franceschetti et al. (U.S. Pub. 2020/0405998 hereinafter “Franceschetti”) and Heeger et al. (U.S. Pub. 2018/0014784 hereinafter “Heeger”). Regarding claim 1, Frykman discloses a sleep monitoring capsule having a capsule (e.g. Abstract; ¶14) that demarcates a sleep space for one person (e.g. see Fig. 2) for monitoring a sleep state of a user sleeping in the capsule, the sleep monitoring capsule comprising: a monitoring unit (e.g. 25) that is fixed to an inner wall of the capsule (e.g. see Fig. 2), monitors a state of the user sleeping in the capsule (e.g. ¶128), and generates image data (e.g. ¶6). Frykman discloses the claimed invention including the use of cameras used in a sleep capsule except for the system generating image data of at least a head of a person to monitor the sleep state of the user. However, Guern teaches that it is known to use a camera as set forth in Abstract, Column 1 and Figures 1-2 to provide a means for monitoring the respiration of the user to determine the sleep of the user. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Frykman, with video of at least the face of the user as taught by Guern, since such a modification would provide the predictable results of using image data for providing a means for determining the respiration and sleep status of the user to enhance the sleep of the user in the capsule. Frykman in view of Guern discloses the claimed invention except for the determining the exact sleep state, classifying the state and then determine a state that is analyzed for a result that is useful for diagnosing disease. However, Franceschetti teaches that it is known to monitor the sleep state, classify it and perform a correction as set forth in Paragraphs 119, 136-141, 185 and Abstract to provide a means for sensing and providing a corrective action to provide an enhanced sleeping experience from various sleep diseases. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Frykman in view of Guern, with monitoring the sleep state, classifying the state and performing a correction as taught by Franceschetti, since such a modification would provide the predictable results of analyzing the user in the sleep capsule and performing corrections in the capsule to enhance the sleep experience of the user. Frykman in view of Guern and Fransceschetti disclose the claimed invention including sensing respiration and heart rate using bed sensors but fails to explicitly disclose the exact sensors that are used to receive that information. However, Heeger discloses that it is known to sense EEG, EKG and respiration in bed sheet sensors as set forth in Paragraphs 30 and 82 to provide a means for sensing and providing a the current sleep state for further analysis. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Frykman in view of Guern and Franceschetti, with monitoring the sleep state, using EEG, EKG and respiration sensors in the bed as taught by Heeger, since such a modification would provide the predictable results of analyzing the user sleep state using bed sensors in the sleep capsule and performing corrections in the capsule to enhance the sleep experience of the user. Regarding claim 2, meeting the limitations of claim 1 above, Frykman further discloses wherein the capsule includes: a door (e.g. 32) that is capable of opening and closing an entrance/exit from an inner side of the capsule (e.g. ¶15), and a ventilation unit that ventilates inside of the capsule (e.g. ¶6). Regarding claim 4, meeting the limitations of claim 1 above, Franceschetti further teaches wherein the controller further includes a classification unit that classifies the state of the user during sleep analyzed by the analysis unit for each disease that is closely related to sleep (e.g. Paragraphs 119, 136-141, 185). Regarding claim 5, meeting the limitations of claim 1 above, Franceschetti further teaches wherein the monitoring unit includes a plurality of detection units that each detect the state of the user during sleep, and the analysis unit analyzes the state of the user during sleep by mutually complementing a plurality of pieces of sleep information detected by the plurality of detection units (e.g. Paragraphs 119, 136-141, 185). Regarding claim 6, meeting the limitations of claim 1 above, Franceschetti further teaches wherein the monitoring unit acquires body information relating to a body of the user, the acquisition unit acquires the body information from the monitoring unit, and the analysis unit performs correction based on the body information and analyzes the state of the user during sleep (e.g. Paragraphs 119, 136-141, 185). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to REX R HOLMES whose telephone number is (571)272-8827. The examiner can normally be reached Monday-Thursday 7:00AM-5:30PM. 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, Jennifer McDonald can be reached at (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /REX R HOLMES/Primary Examiner, Art Unit 3796
Read full office action

Prosecution Timeline

Jul 10, 2023
Application Filed
Aug 25, 2025
Non-Final Rejection mailed — §103
Nov 25, 2025
Response Filed
Dec 11, 2025
Final Rejection mailed — §103
Mar 11, 2026
Response after Non-Final Action
Apr 10, 2026
Request for Continued Examination
Apr 16, 2026
Response after Non-Final Action
May 01, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+18.3%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1158 resolved cases by this examiner. Grant probability derived from career allowance rate.

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