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 .
Response to Arguments
With regards to the specification objection, it is withdrawn in view of the spec amendment which amended originally filed claim 17 into the specification.
With regards to the claim objection, it is withdrawn in view of the amendment.
With regards to the 112b rejection it is withdrawn in view of the amendment.
Applicant's arguments filed 11/11/25 have been fully considered but they are not persuasive (or moot) see discussion below.
With regards to the 101 rejection Applicants argument is that the claims eligibility is self-evident. Applicants state the original claim 1 “includes a plurality of physical devices (e.g., "monitor", "physiological sensor", "processor", "wireless radio transmitter", etc.) that are modified to control the state of one or more consumer devices through network communication based on determining the sleep status of an end user. . . . it is self-evident that the activity between the combination of physical devices is clearly not an attempt to tie the performance of any one limitation in the mind of a person and/or a mathematical concept, similar to the robotic arm assembly cited as an example in MPEP 2106(a).” Examiner is unsure which example Applicants are pointing to with the “robotic arm” in MPEP 2106(a). Regardless, the facts and claims of each case are different and this case is not analogous to a robotic arm. This case would be more analogous to the gathering of data (discussed in the MPEP 2106(III)(A) for Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)) which is then processed the translating (see Applicants [0006]-[0008]; Examiner notes no explicit discussion on how this is done is presented by Applicants thus they are relying on what is known in the art and Examiner agrees this is known in the art) and the sleep staging using the gathered data. The steps of gathering the data are merely presolution activity (extrasolution activity); while the general adjust of the electrical consumer device is merely outputting of the result of the analysis (post solution activity). Thus Applicants “self-evident” argument is not persuasive.
Applicants also argue it is not capable of being performed in the mind and seem to be arguing that a person cannot review a BCG signal over time to determine if a person is asleep, Examiner disagrees. It’s generally recognized in the field that certain physiological elements of sleep are different from those of someone awake (such as parts of sleep have slower heart rates). A PHOSITA could determine that a person is asleep for example when their heart rate (as read in the BCG signal) is at the rate which is in line with their knowledge of the sleeping rate. As such this argument is not persuasive. Examiner notes that the several of the dependent claims are not included in the rejection and provide specificity overcoming the 101 rejection.
With regards to the 103 arguments are directed to the newly amended elements specifically reciting that the changes in the consumer device is based on determining the end user has fallen asleep. To support this Applicant argues that “Shinar describes a system that monitors a user that is already in their sleep. Shinar's system is configured as a main principle to monitor the chronic medical condition of a subject.” While the Shinar reference does disclose monitoring someone who is asleep and discuss monitoring chronic conditions, it is not so limited. Applicants have incorrectly limited the teaching of the reference. Therefore, Examiner finds the arguments not persuasive. For example, in [0185] Shinar recites “In identifying the sleep-related parameter(s), as well as generally, in identifying that a person is sleeping and/or in identifying a sleep stage of the person the control unit may use one or more of the techniques described in (a) US 2007/0118054 to Pinhas (now abandoned), (b) Shinar et al., Computers in Cardiology 2001; Vol. 28: 593-596, and (c) Shinar Z et al., “Identification of arousals using heart rate beat-to-beat variability,” Sleep 21(3 Suppl):294 (1998), each of which is incorporated herein by reference.“ which recites determining if the user is asleep (or phrased in the opposite, awake) and also sleep staging. Per Shinar’s references (the full citation for (b) being - Z. Shinar et al., "Automatic detection of slow-wave-sleep using heart rate variability," Computers in Cardiology 2001. Vol.28 (Cat. No.01CH37287), Rotterdam, Netherlands, 2001, pp. 593-596, doi: 10.1109/CIC.2001.977725.) sleep staging includes determining the “wake” states in addition to NREM stages, REM and the transitions between stages during a sleep session. Thus, Shinar does disclose monitoring when the person is awake both in determining whether they are asleep and as part of sleep staging as “wake” is part of the sleep staging for the sleep session. For the discussion of it all being about chronic see the quote from [0027] below. Applicants’ arguments regarding the improperly narrowing of the teaching of the reference is not persuasive.
Next applicants argue that there is no discussion of controlling “consumer devices” in Shinar but Shinar recites controlling a coffee machine among other things (see for example [0027] “In some cases, a subject is monitored not to predict or track disease situations, but rather, in order to allow the subject to optimize long term health and fitness as part of a ‘wellness’ approach, and/or in order to control household devices (e.g., bedside lamps, mobile phones, alarm clocks, etc.)”, [0173] “system 10 is configured to be used in combination with home-based appliances. For example, system 10 may be configured to transmit a signal to a coffee-maker”, etc.) based on the determination of sleep stage etc. thus stating it doesn’t recite “consumer electronics” is not persuasive. Additionally, to the extent this argument mentions motivation, this may be an argument against combining but the motivation for combining under TSM is from the additional reference(s). Thus, either perspective to this argument is not persuasive.
While Examiner does not find the above persuasive, as Shinar recites changing states for devices based on changing states in sleep (see citations below), Shinar may not explicitly disclose recite it does not explicitly recite the state change is “falling asleep” to that end see the updated rejection below rendering Applicants arguments moot.
Applicants next discuss that while Pindado discloses controlling various devices HVAC, lights, door locks etc. in response to sleep states; Applicants argument can be summarized as “Pindado does not teach controlling these devices specifically in response to determining that an end user has fallen asleep as recited by claim 1 as amended.” While Pindado recites determining controls for various elements based on measured parameters and sleep states, Pindado may not explicitly disclose “in response to determining that an end user has fallen asleep”. However, this argument is moot in view of the amendment.
Applicants remaining discussion of Pindado and Shinar in view of Pindado is not persuasive. For example, with regards to Shinar and Pindado, Applicants argue “there is no suggestion as to how to modify Shinar to include the environmental control of Pindado without substantially re-designing Shinar.” and that this would render Shinar incapable of its intended use is patently false. As provided for above in the discussion of Shinar, the Shinar reference itself discloses changing environmental elements coffee makers, lights etc. thus amending in additional limitation on adjusting the environment is not make Shinar “unsatisfactory for its intended use”. Therefore, this is not persuasive.
The remaining discussion relies on the arguments presented above and is not persuasive or moot for the same reasons.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3, 12-18 are rejected under 101 see the analysis below.
Step 1
The claimed invention in claim 1-3, 12-18 are directed to a process and recite a mental process and/or mathematical concept. The claim recites gathering data, making determinations and outputting a result.
Step 2A, Prong 1
Regarding Claims 1, The limitations of “translate the vibrational signals”; “determine” when the sleep statuses such as when the user has fallen asleep; “determine” what devices are connected, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind and/or a mathematical concept. That is nothing in the claim element precludes the step from practically being performed in the mind. For example, the translating and determining steps encompasses the user mentally or manually using pen a paper performing the calculations and determinations; and/or the steps of “translate the vibrational signals”; and, “determine” when the sleep statuses such as when the user has fallen asleep can also be interpreted as mathematical calculations. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas; while the use of mathematical relationships, mathematical formulas or equations, mathematical calculations are Mathematical concepts. Accordingly, the claim recites an abstract idea.
Step 2A, Prong 2
Regarding Claims 1, the judicial exception is not integrated into a practical application. The claim includes the additional elements of “detect” and “adjust” The steps of “detect” amounts to insignificant, extra-solution activity data gathering. The steps of “adjust” under its BRI amounts to insignificant, extra-solution activity of outputting a result (such as displaying an output). The processor (i.e., “processor”, “computer processor”, “cloud-computing device”, “server”, “mobile device”, “user device”) in computing steps are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining outputs from inputs) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B
Regarding Claim 1, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As with step 2A, Prong 2 above, the claim includes the additional elements of “detect” and “adjust” The steps of “detect” amounts to insignificant, extra-solution activity data gathering. The steps of “adjust” under its BRI amounts to insignificant, extra-solution activity of outputting a result (such as displaying an output). The processor (i.e., “processor”, “computer processor”, “cloud-computing device”, “server”, “mobile device”, “user device”) in computing steps are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining outputs from inputs) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Additionally, Per the Berkheimer requirement, the BCG sensor and processor/memory: (1) Shinar cited below see recitations below; (2) Ramirez cited below see [0082]-[0084], and recitations in the rejection below; (3) Nau see [0070], [0086], and recitations in the rejection below; Separate processing on a cloud or remote server (1) Shinar see recitations below; (2) Ramirez cited below see [0082]-[0084], and recitations in the rejection below; (3) Pindado cited below [0037]-[0038], Figs. 1-3, and see recitations in the rejection below. As such the elements are shown to be WRC.
The claim limitations when viewed individually and in combination therefore do not amount to significantly more than the abstract idea itself. The claims are therefore ineligible.
Claims 2-3, 12-18 only further define the data gathering (insignificant, extra-solution activity) or the processing steps made with the gathered data (i.e., only further define the mental process or mathematical concept). Therefore, the claims do not include any additional elements that show integration into a practical application and do not include any additional elements that amount to significantly more than the abstract idea. The claims are ineligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-4, 6-7, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190254570 to Shinar et al. (hereinafter Shinar) in view of US 20160228640 to Pindado et al. (hereinafter Pindado) in further view of US 20160058376 to Baek et al. (hereinafter Baek) in further view of US 20210022667 to Sayadi et al. (hereinafter Sayadi). Shinar incorporates by reference US 20070118054 to Pinhas et al. (hereinafter Pinhas) in [0185].
Regarding Claim 1, an interpretation of Shinar discloses a system, comprising:
a monitor device coupled to a bed and positioned proximate but not in contact with an end user, and configured to monitor vital signs of the end user (Shinar [0096] including “System 10 typically comprises a motion sensor 30, a control unit 14”, [0097] including “motion sensor 30 is a “non-contact sensor,” that is, a sensor that does not contact the body of subject 12 or clothes subject 12 is wearing.”, [0099] including “The motion of subject 12 sensed by sensor 30, during sleep, for example, may include regular breathing movement, heartbeat-related movement, and other, unrelated body movements, as discussed below, or combinations thereof.”, Figs. 1, 27A see also [0279]), including:
a physiological sensor (Shinar [0097]-[0099] including “Motion sensor 30 . . . The motion of subject 12 sensed by sensor 30, during sleep, for example, may include regular breathing movement, heartbeat-related movement, and other, unrelated body movements, as discussed below, or combinations thereof.” see also [0279]);
a processor coupled to the physiological sensor (Shinar [0096], [0103], [0248] including “Control unit 14 is typically a programmed digital computing device comprising a central processing unit (CPU)”, Fig. 2 see also [0279]); and
a wireless radio transmitter coupled to the processor ([0100], [0104]), wherein:
the physiological sensor is disposed to detect a vibrational signal from a heart of the end user (Shinar [0097]-[0099], [0129] including “to collect the vibration mechanical signal only locally from the subject lying directly on top or very close to the sensor.” see also [0279]),
the processor is configured to translate the vibrational signal into a ballistocardiograph (BCG) signal (Shinar [0114] including “For some applications, the sensor is placed underneath the subject's mattress at a position higher than where the subject rests his/her head, such that the strongest signals that the sensor receives are those generated by the longitudinal cardio-ballistic effect of the subject.”, [0176] including “illustration of ballistocardiograph (BCG) signals 300 . . . Signal 300 is a heartbeat-related signal that is extracted by heartbeat pattern analysis module 23 from the raw motion signal generated by sensor 30.” see also [0279]), and
the wireless radio transmitter is configured to transmit the BCG signal through a network (Shinar [0103] including “For other applications, the modules are packaged separately (for example, so as to enable remote analysis, by one or more of the pattern analysis modules, of breathing signals acquired locally by data acquisition module 20).”, [0104] including “a wireless or wired communication port for relaying the acquired raw data and/or processed data to a remote site for further analysis, interpretation, expert review, and/or clinical follow-up.”, [0243] see also [0279]); and
a computing server (Shinar [0103]-[0104], [0243] including “control unit 14 communicates wirelessly with a server”, [0248] see also [0279]) and a sleep analysis engine (Shinar [0103] including “For other applications, the modules are packaged separately (for example, so as to enable remote analysis, by one or more of the pattern analysis modules, of breathing signals acquired locally by data acquisition module 20).”, [0104] including “a wireless or wired communication port for relaying the acquired raw data and/or processed data to a remote site for further analysis, interpretation, expert review, and/or clinical follow-up.”, [0185] including “in identifying that a person is sleeping and/or in identifying a sleep stage of the person”, [0243] see also [0106], [0279]), wherein the sleep analysis engine is configured to:
analyze the BCG signal transmitted through the network and determine a plurality of sleep statuses associated with the vital signs of the end user (Shinar [0104] including “a wireless or wired communication port for relaying the acquired raw data and/or processed data to a remote site for further analysis, interpretation, expert review, and/or clinical follow-up.”, [0181] including “sensors 316 may comprise non-contact motion sensors 30, . . . configured to analyze the signals, and, based on the analyzing, identify at least one sleep-related parameter for each of the subjects. For example, for each of the subjects, the control unit may be configured to identify one or more of the following parameters:”, [0184]-[0185] including “in identifying that a person is sleeping and/or in identifying a sleep stage of the person”, [0243] see also [0279]);
determine whether the end user has fallen asleep based on the BCG signal (Shinar [0181], [0184]-[0185] including “the control unit may use one or more of the techniques described in (a) US 2007/0118054 to Pinhas (now abandoned), (b) Shinar et al., Computers in Cardiology 2001; Vol. 28: 593-596, and (c) Shinar Z et al., “Identification of arousals using heart rate beat-to-beat variability,” Sleep 21(3 Suppl):294 (1998), each of which is incorporated herein by reference.” See also [0279]; Pinhas [0074] including “monitoring a clinical condition including monitoring a patient while in bed, identifying when the patient falls asleep . . .”, [0078]-[0079], [0187]-[0188] see also [0449]); and
adjust by, a state of the one or more electrical consumer devices ([0027] including “in order to control household devices (e.g., bedside lamps, mobile phones, alarm clocks, etc.)”, [0167] including “controls thermoregulation device 240 accordingly. Examples of thermoregulation devices which may be configured to be controlled by control unit 14 include air-conditioning units, electric heaters, radiators, bed coolers, and electric blankets.”, [0197]-[0198] including “sets the illumination intensity by sending a wired or wireless signal to the illuminator.” See also [0279]).
While Shinar recites determining sleep stages, adjusting states of consumer devices responsive to sleep stages and the transferring of raw and/or processed data for additional analysis, an interpretation of Shinar may not explicitly disclose the analysis is on the server and the server adjusts the state of the external devices.
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches running analysis on the server ([0037] including “a remote analytics system 140 that can process and analyze the sensor data and the analytics system 140 can communicate directly or indirectly with other devices to control them and the environment.”, [0038], [0044] including “The analytics system 140 can be, for example, a big data server (e.g., based on Hadoop, or another analytics engine) that can receive, store and analyze the sensor data according to a predefined analytical method or process”, [0067] see also [0042], Figs. 1-3) and the computer server adjusts the state of the external devices ([0037] including “a remote analytics system 140 that can process and analyze the sensor data and the analytics system 140 can communicate directly or indirectly with other devices to control them and the environment.”, [0038], [0044], Figs. 1-3; processed and/or raw data is transferred to the server for processing, including sleep stages, which is disclosed as adjusting elements in the users environment based on determinations including sleep determinations).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining sleep stages, adjusting states of consumer devices responsive to sleep stages and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined the teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics from Pindado of performing the analysis on the server and having the server adjust the external devices.
An interpretation of Shinar may not explicitly disclose determine, through the network, whether one or more electrical consumer devices in an end user’s home are connected to the network.
However, in the same field of endeavor (medical diagnostic system), Baek teaches determine, through the network, whether one or more electrical consumer devices in an end user’s home are connected to the network ([0226]-[0233], fig. 19 see also [0068]-[0069] including the electronic devices may be embodied as computing devices and smart home appliances; discloses discovering what electronic devices are present on the network, “pairing” devices, storing device links, determining what device(s) can receive what data and transfer commands/instructions. Furthermore, [0233] recites these elements can include being done using “standard communication protocol” (i.e., those know by a PHOSITA)).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of sensors transmitting data to a local and remote computing elements and using that sensed data to perform home automation as recited by Shinar in view of Pindado to include explicitly determining through the network whether the consumer devices are connected to the network as recited by Baek because the elements Baek provide a way to establish and maintain data transmission between two electronic devices ([0088], [0227]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined the teachings as discussed above from Shinar in view of Pindado with that of Baek because it is merely combining prior art elements according to known methods to yield predictable results.
While Shinar recites determining sleep stages, adjusting states of consumer devices responsive to sleep stages and the transferring of raw and/or processed data for additional analysis, an interpretation of Shinar may not explicitly disclose adjusting the state of the one or more electrical consumer devices based specifically on determining the end user has fallen asleep.
However, in the same field of endeavor (diagnostic sensory systems), Sayadi teaches adjusting the state of the one or more electrical consumer devices based specifically on determining the end user has fallen asleep ([0060] including “generate control signals for controlling actions of other devices, and transmit the control signals to the other devices in response to information collected by the control circuitry . . . sleep state of the user ”, [0065] including “to cause the television 312 to turn off in response to determining that the user 308 is asleep. . . . As another example, the control circuitry 334 generates control signals to lower the volume of the television 312 after determining that the user 308 is asleep.”, [0067] including “second control signals for turning off a second set of lights (e.g., lights in the room in which the bed 302 is located) in response to detecting that the user 308 is asleep.”, [0077]-[0078] including “the control circuitry 334 can activate a heating element to raise the temperature of one side of the surface of the bed 302 to 73 degrees when it is detected that the user 308 has fallen asleep.”, [0081]; discloses determining sleep state including explicitly falling asleep and adjusting the state of one or more of varied electrical consumer devices such as lights, bed warmer, HVAC etc.).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (falling asleep, sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
Regarding Claim 3, an interpretation of Shinar further comprising a computing device ([0096] including “user interface 24 of system 10 are implemented in a mobile device (such as a cellular phone, a pager, and/or a tablet computer).” see also [0279]).
An interpretation of Shinar may not explicitly disclose a software application resident on the computing device, wherein the software application includes one or more user interfaces displaying reports showing the sleep statuses.
However, in the same field of endeavor (diagnostic sensory systems), Sayadi teaches a software application resident on the computing device, wherein the software application includes one or more user interfaces displaying reports showing the sleep statuses ([0205] including “The GUIs 2100-2108 can be generated to show reports stored in the completed reports datastore 2028, and rendered on a computer interface (e.g., a web browser, a mobile application, in an email).”, Figs. 21A-F see also [0164]-[0165], [0190], Fig. 18).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include the computing device have a software application with user interfaces displaying reports of the sleep statuses as recited by Sayadi because the reports provide information about a sleeper's heart health and wellness information about sleep health or sleep disorders such as sleep related breathing disorders or sleep related movement disorders ([0007]).
Regarding Claim 4, an interpretation of Shinar may not explicitly disclose wherein one of the electrical consumer devices is a television wirelessly connected to the network, and the computing server controls the device
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches wherein one of the electrical consumer devices is a television wirelessly connected to the network, and the computing server controls the device ([0038] including “to determine one or more actions. The actions can include communicating with a target device 150 to control it directly or communicating with a remote controller 160 that controls the target device 162.”, [0044] including “the analytics system 140 can generate one or more commands and/or data and send one or more of those commands and/or data to the smart phone or hub 130, a target device 150 or a controller 160.”, [0046] including “the target device 150 could include, for example, a light switch, an appliance (e.g., TV, refrigerator, dishwasher, or washing machine), a garage door opener, a door lock, a manned or unmanned motorized vehicle (e.g., car, truck, train, boat or airplane), a computer, a programmable controller, a sound system, an environmental control system (e.g., HVAC system, heating system, cooling system, humidifying system, dehumidifying system), a home automation system, a virtual reality console, a gaming console, and a communication system (e.g., voice/telephone, text messaging, email, facsimile, and chat).” See also [0067], Figs. 1-3)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining user condition and adjusting states of consumer devices responsive to user condition and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (entertainment, heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics of performing the analysis on the server and having the server adjust the external devices.
An interpretation of Shinar may not explicitly disclose turning the television off in response to determining the end user being asleep.
However, in the same field of endeavor (medical diagnostic systems), Sayadi teaches turning the television off in response to determining the end user being asleep ([0065] including “generate and transmit control signals to cause the television 312 to turn off in response to determining that the user 308 is asleep” see also [0057], [0060], Fig. 3).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
Regarding Claim 6, an interpretation of Shinar may not explicitly disclose wherein one of the electrical consumer devices system wirelessly connected to the network, and the computing server controls the device
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches wherein one of the electrical consumer devices wirelessly connected to the network, and the computing server controls the device ([0038] including “to determine one or more actions. The actions can include communicating with a target device 150 to control it directly or communicating with a remote controller 160 that controls the target device 162.”, [0044] including “the analytics system 140 can generate one or more commands and/or data and send one or more of those commands and/or data to the smart phone or hub 130, a target device 150 or a controller 160.”, [0046] including “the target device 150 could include, for example, a light switch, an appliance (e.g., TV, refrigerator, dishwasher, or washing machine), a garage door opener, a door lock, a manned or unmanned motorized vehicle (e.g., car, truck, train, boat or airplane), a computer, a programmable controller, a sound system, an environmental control system (e.g., HVAC system, heating system, cooling system, humidifying system, dehumidifying system), a home automation system, a virtual reality console, a gaming console, and a communication system (e.g., voice/telephone, text messaging, email, facsimile, and chat).” See also Figs. 1-3)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining user condition and adjusting states of consumer devices responsive to user condition and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (entertainment, heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics of performing the analysis on the server and having the server adjust the external devices.
An interpretation of Shinar may not explicitly disclose wherein the electrical consumer device is a home security system and turning the home security system on in response to determining the end user being asleep.
However, in the same field of endeavor (medical diagnostic systems), Sayadi teaches the electrical consumer device is a home security system and turning the home security system on in response to determining the end user being asleep ([0081] including “engage a second set of security features in response to detecting that the user 308 has fallen asleep” see also [0057], [0060], Fig. 3).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
Regarding Claim 7, an interpretation of Shinar may not explicitly disclose wherein one of the electrical consumer devices is an electronic door lock wirelessly connected to the network, and the computing server controls the device
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches wherein one of the electrical consumer devices is an electronic door lock wirelessly connected to the network, and the computing server controls the device ([0038] including “to determine one or more actions. The actions can include communicating with a target device 150 to control it directly or communicating with a remote controller 160 that controls the target device 162.”, [0044] including “the analytics system 140 can generate one or more commands and/or data and send one or more of those commands and/or data to the smart phone or hub 130, a target device 150 or a controller 160.”, [0046] including “the target device 150 could include, for example, a light switch, an appliance (e.g., TV, refrigerator, dishwasher, or washing machine), a garage door opener, a door lock, a manned or unmanned motorized vehicle (e.g., car, truck, train, boat or airplane), a computer, a programmable controller, a sound system, an environmental control system (e.g., HVAC system, heating system, cooling system, humidifying system, dehumidifying system), a home automation system, a virtual reality console, a gaming console, and a communication system (e.g., voice/telephone, text messaging, email, facsimile, and chat).” See also Figs. 1-3)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining user condition and adjusting states of consumer devices responsive to user condition and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (entertainment, heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics of performing the analysis on the server and having the server adjust the external devices.
An interpretation of Shinar may not explicitly disclose wherein the electrical consumer device is a home security system and turning the home security system on in response to determining the end user being asleep.
However, in the same field of endeavor (medical diagnostic systems), Sayadi locks the electronic door lock in response to determining the end user being asleep ([0081] including “engage a second set of security features in response to detecting that the user 308 has fallen asleep”, [0084] including “can generate and transmit control signals to cause the door 332 to lock,” see also [0057], [0060], Fig. 3).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
Regarding Claim 11, an interpretation of Shinar further discloses determining sleep statues of user being asleep based on BCG signal (Shinar [0181], [0184]-[0185] including “the control unit may use one or more of the techniques described in (a) US 2007/0118054 to Pinhas (now abandoned), (b) Shinar et al., Computers in Cardiology 2001; Vol. 28: 593-596, and (c) Shinar Z et al., “Identification of arousals using heart rate beat-to-beat variability,” Sleep 21(3 Suppl):294 (1998), each of which is incorporated herein by reference.” See also [0279]; Pinhas [0074] including “monitoring a clinical condition including monitoring a patient while in bed, identifying when the patient falls asleep . . .”, [0078]-[0079], [0187]-[0188] see also [0449]).
An interpretation of Shinar may not explicitly disclose wherein one of the electrical consumer devices wirelessly connected to the network, and the computing server controls the device.
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches wherein one of the electrical consumer devices wirelessly connected to the network, and the computing server controls the device ([0038] including “to determine one or more actions. The actions can include communicating with a target device 150 to control it directly or communicating with a remote controller 160 that controls the target device 162.”, [0044] including “the analytics system 140 can generate one or more commands and/or data and send one or more of those commands and/or data to the smart phone or hub 130, a target device 150 or a controller 160.”, [0046] including “the target device 150 could include, for example, a light switch, an appliance (e.g., TV, refrigerator, dishwasher, or washing machine), a garage door opener, a door lock, a manned or unmanned motorized vehicle (e.g., car, truck, train, boat or airplane), a computer, a programmable controller, a sound system, an environmental control system (e.g., HVAC system, heating system, cooling system, humidifying system, dehumidifying system), a home automation system, a virtual reality console, a gaming console, and a communication system (e.g., voice/telephone, text messaging, email, facsimile, and chat).” See also Figs. 1-3)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining user condition and adjusting states of consumer devices responsive to user condition and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (entertainment, heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics of performing the analysis on the server and having the server adjust the external devices.
an interpretation of Shinar may not explicitly disclose wherein the electrical consumer devices is the bed which is an adjustable bed, and the computing server adjusts a position of the bed in response to a sleep status of the end user being asleep
However, in the same field of endeavor (medical diagnostic systems), Sayadi wherein the electrical consumer devices is the bed which is an adjustable bed ([0090]-[0091] including “For example, the bed 302 can include an adjustable foundation and an articulation controller configured to adjust the position of one or more portions of the bed 302 by adjusting the adjustable foundation that supports the bed.” see also [0049], [0057], Fig. 3), and the computing server adjusts a position of the bed in response to a sleep status of the end user being asleep ([0090]-[0091] including “cause the articulation controller to adjust the bed 302 to a second recline position (e.g., a less reclined, or flat position) in response to determining that the user 308 is asleep.” see also [0049], [0057], [0060], Fig. 3).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
Claim Rejections - 35 USC § 103
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinar in view of Pindado in further view Baek in further view of Sayadi in further view of US 20220280064 to Nakata et al. (hereinafter Nakata).
Regarding Claim 2, an interpretation of Shinar in view of Pindado in further view Baek disclose the above in claim 1, including a server and a wirelessly connected monitoring device which includes a sensor, processor and wireless transmitter (see the rejection of claim 1).
An interpretation of Shinar may not explicitly disclose further comprising a RADAR sensor module positioned proximate to the bed and coupled to the wireless radio transmitter, send RADAR sensor information to the processor, wherein the processor is configured to determine an occupancy, getting in or out of bed, or fall of the end user.
However, in the same field of endeavor (medical diagnostic devices), Nakata teaches a RADAR sensor module positioned proximate to the bed ([0310] including “including mounting directly or indirectly to the cart that the vital signs measurement device and/or patient monitoring device is on, mounting directly or indirectly to the vital signs measurement device and/or patient monitoring device, mounting to the bed rail, mounting to the ceiling, mounting to the wall, mounting to another pole, and/or mounting to the foot of the bed.”, [0327]-[0328]) and coupled to the wireless radio transmitter ([0079], [0087], [0278]; Transmits data to a processor which can transmit data to additional external devices), send RADAR sensor information to the processor ([0079], [0278], Figs. 1A, 2, 13; Transmits data to a processor which can transmit data to additional external devices), wherein the processor is configured to determine an occupancy, getting in or out of bed of the end user ([0167] including “The radar-based device can also be used to determine when the person is in the bed or out of the bed and/or to track how often the subject is getting out of bed during the night.”, [0196]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the sensor and processing system of Shinar to include a RADAR sensor for determining occupancy aspects as recited by Nakata because using the different sensors together provides a more complete picture during sleep ([0171]).
Claim Rejections - 35 USC § 103
Claim(s) 5, 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinar in view of Pindado in further view Baek in further view of to Sayadi in further view of US 20200178887 to Juan Ramirez et al. (hereinafter Ramirez).
Regarding Claim 5, an interpretation of Shinar may not explicitly disclose wherein one of the electrical consumer devices is a light wirelessly connected to the network, and the computing server controls the device.
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches wherein one of the electrical consumer devices is a light wirelessly connected to the network, and the computing server controls the device ([0038] including “to determine one or more actions. The actions can include communicating with a target device 150 to control it directly or communicating with a remote controller 160 that controls the target device 162.”, [0044] including “the analytics system 140 can generate one or more commands and/or data and send one or more of those commands and/or data to the smart phone or hub 130, a target device 150 or a controller 160.”, [0046] includes lighting)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining user condition and adjusting states of consumer devices responsive to user condition and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (entertainment, heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics of performing the analysis on the server and having the server adjust the external devices.
An interpretation of Shinar may not explicitly disclose turns the light off in response to determining the end user being asleep; determining a user state associated with awakening and sends an activation signal to turn on the previously turned of light.
However, in the same field of endeavor (medical diagnostic systems), Sayadi teaches turning the television off in response to determining the end user being asleep ([0067] including “communicate with the lighting system 314, receive information from the lighting system 314, and generate control signals for controlling functions of the lighting system 314 . . . second control signals for turning off a second set of lights (e.g., lights in the room in which the bed 302 is located) in response to detecting that the user 308 is asleep” see also [0057], [0060]); determining a user state associated with being awake and sends an activation signal to turn on the previously turned of light ([0069] including “generate control signals to cause the lighting system 314 to implement the sunrise lighting scheme in the bedroom in which the bed 302 is located. The sunrise lighting scheme can include, for example, turning on lights (e.g., the lamp 326, or other lights in the bedroom).”)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
While Shinar in view of Pindado, Baek and Sayadi recites controlling lighting to turn on when a user’s state is awake, an in interpretation of Shinar may not explicitly disclose that the end user is that they will wake up within a proximate time frame of detecting a change in sleep status.
However, in the same field of endeavor (medical diagnostic systems), Ramirez teaches that the end user will wake up within a proximate time frame of detecting a change in sleep status ([0211] including “the sleep monitoring system may be communicatively connected with home automation networks or smart appliances and may be configured to send activation signals to different external devices . . . if the sleep data includes sleep stage data and it appears that such sleep stage data indicates that the sleeper is about to wake up, the sleep monitoring system may cause” elements related to being awake.).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar, Pindado, Baek and Sayadi to include the state of being about to be awake, which is merely the simple substitution of one known element for another (substituting the determination/state of being “awake” from Shinar, Pindado, Baek and Sayadi causing relevant automated actions being, for the determination/state of being about to be awake as disclosed by Ramirez) to obtain predictable results. The predictable result being the automations for waking up in the morning being performed based on the determination that the user is about to be awake instead of an awake state.
Regarding Claim 8, an interpretation of Shinar may not explicitly disclose wherein one of the electrical consumer devices wirelessly connected to the network, and the computing server controls the device.
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches wherein one of the electrical consumer devices wirelessly connected to the network, and the computing server controls the device ([0038] including “to determine one or more actions. The actions can include communicating with a target device 150 to control it directly or communicating with a remote controller 160 that controls the target device 162.”, [0044] including “the analytics system 140 can generate one or more commands and/or data and send one or more of those commands and/or data to the smart phone or hub 130, a target device 150 or a controller 160.”, [0046])
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining user condition and adjusting states of consumer devices responsive to user condition and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (entertainment, heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics of performing the analysis on the server and having the server adjust the external devices.
An interpretation of Shinar may not explicitly disclose wherein the electrical consumer device are blinds and closing the blinds in response to determining the end user being asleep; determining a user state associated with awakening and sends an activation signal to turn on the previously turned of light.
However, in the same field of endeavor (medical diagnostic systems), Sayadi teaches wherein the electrical consumer device are blinds and closing the blinds in response to determining the end user being asleep ([0086] including “blinds to close in response to detecting that the user 308 is asleep”, [0093] see also [0057], [0060], Fig. 3); determining a user state associated with being awake and sends an activation signal to open the blinds ([0086], [0093] including “determined that both the user 308 and a second user are awake for the day before generating control signals to open the window blinds 330” see also [0057], [0060], Fig. 3)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
While Shinar in view of Pindado, Baek and Sayadi recites controlling opening blinds when a user’s state is awake, an in interpretation of Shinar may not explicitly disclose that the end user is that they will wake up within a proximate time frame of detecting a change in sleep status.
However, in the same field of endeavor (medical diagnostic systems), Ramirez teaches that the end user will wake up within a proximate time frame of detecting a change in sleep status ([0211] including “the sleep monitoring system may be communicatively connected with home automation networks or smart appliances and may be configured to send activation signals to different external devices . . . if the sleep data includes sleep stage data and it appears that such sleep stage data indicates that the sleeper is about to wake up, the sleep monitoring system may cause” elements related to being awake.).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar, Pindado, Baek and Sayadi to include the state of being about to be awake, which is merely the simple substitution of one known element for another (substituting the determination/state of being “awake” from Shinar, Pindado, Baek and Sayadi causing relevant automated actions being, for the determination/state of being about to be awake as disclosed by Ramirez) to obtain predictable results. The predictable result being the automations for waking up in the morning being performed based on the determination that the user is about to be awake instead of an awake state.
Regarding Claim 9, an interpretation of Shinar may not explicitly disclose wherein one of the electrical consumer devices is a thermostat wirelessly connected to the network, and the computing server controls the device.
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches wherein one of the electrical consumer devices is a thermostat wirelessly connected to the network, and the computing server controls the device ([0038] including “to determine one or more actions. The actions can include communicating with a target device 150 to control it directly or communicating with a remote controller 160 that controls the target device 162.”, [0044] including “the analytics system 140 can generate one or more commands and/or data and send one or more of those commands and/or data to the smart phone or hub 130, a target device 150 or a controller 160.”, [0046] includes HVAC/thermostat)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining user condition and adjusting states of consumer devices responsive to user condition and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (entertainment, heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics of performing the analysis on the server and having the server adjust the external devices.
An interpretation of Shinar may not explicitly disclose adjusts the temperature of the thermostat to a first setting in response to determining the end user being asleep; determining a user state associated with being awake and sends an activation signal adjust the temperature of the thermostat to a second setting.
However, in the same field of endeavor (medical diagnostic systems), Sayadi adjusts the temperature of the thermostat to a first setting in response to determining the end user being asleep ([0058], [0076] including “detecting that the user 308 is in bed during the bed time range or asleep, the control circuitry 334 can generate and transmit control signals to cause the thermostat 316 to change the temperature to 68.”, [0078]-[0079] see also [0057], [0060], Fig. 3); determining a user state associated with being awake and sends an activation signal adjust the temperature of the thermostat to a second setting ([0058], [0076] including “The next morning, upon determining that the user is awake for the day . . . the control circuitry 334 can generate and transmit control circuitry 334 to cause the thermostat to change the temperature to 72 degrees..”, [0078]-[0079] see also [0057], [0060], Fig. 3).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
While Shinar in view of Pindado, Baek and Sayadi recites controlling opening blinds when a user’s state is awake, an in interpretation of Shinar may not explicitly disclose that the end user is that they will wake up within a proximate time frame of detecting a change in sleep status.
However, in the same field of endeavor (medical diagnostic systems), Ramirez teaches that the end user will wake up within a proximate time frame of detecting a change in sleep status ([0211] including “the sleep monitoring system may be communicatively connected with home automation networks or smart appliances and may be configured to send activation signals to different external devices . . . if the sleep data includes sleep stage data and it appears that such sleep stage data indicates that the sleeper is about to wake up, the sleep monitoring system may cause” automated responses related to being awake.).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar, Pindado, Baek and Sayadi to include the state of being about to be awake, which is merely the simple substitution of one known element for another (substituting the determination/state of being “awake” from Shinar, Pindado, Baek and Sayadi causing relevant automated actions being, for the determination/state of being about to be awake as disclosed by Ramirez) to obtain predictable results. The predictable result being the automations for waking up in the morning being performed based on the determination that the user is about to be awake instead of an awake state.
Regarding Claim 10, an interpretation of Shinar may not explicitly disclose wherein one of the electrical consumer devices wirelessly connected to the network, and the computing server controls the device.
However, in the same field of endeavor (medical diagnostic systems), Pindado teaches wherein one of the electrical consumer devices wirelessly connected to the network, and the computing server controls the device ([0038] including “to determine one or more actions. The actions can include communicating with a target device 150 to control it directly or communicating with a remote controller 160 that controls the target device 162.”, [0044] including “the analytics system 140 can generate one or more commands and/or data and send one or more of those commands and/or data to the smart phone or hub 130, a target device 150 or a controller 160.”, [0046] includes HVAC/thermostat)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar’s disclosure of determining user condition and adjusting states of consumer devices responsive to user condition and the transferring of raw and/or processed data for additional analysis to include the analysis is performed on the server and the server adjusts the state of the external devices as recited by Pindado in order for the system to create more comfortable/beneficial environment based on the sensed condition of the user ([0008]-[0010]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined teaching as discussed above from Shinar with Pindados processing on the server which adjusts the external device (entertainment, heating/cooling, locks etc.) because it is merely combining prior art elements according to known methods to yield predictable results as it is combining the teaching from Shinar with the specifics of performing the analysis on the server and having the server adjust the external devices.
An interpretation of Shinar may not explicitly disclose wherein the electrical consumer device is an electronic brewer in response to determining the end user associated with being awake and sends an activation signal to the electronic brewer to start a brew process.
However, in the same field of endeavor (medical diagnostic systems), Sayadi wherein the electrical consumer device is an electronic brewer ([0075], [0087] see also [0057], [0060], Fig. 3); in response to determining the end user associated with being awake and sends an activation signal to the electronic brewer to start a brew process ([0075], [0087] including “For example, in response to determining that the user 308 is awake for the day, the control circuitry 334 can generate and transmit control signals to the coffee maker 324 to cause the coffee maker 324 to begin brewing coffee.” see also [0057], [0060], Fig. 3).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include controlling of consumer device(s) (lights, HVAC, locks etc.) in the sleepers environment based on users status (sleeping, awake for day etc.) as recited by Sayadi in order to automate routine user actions and provide a more conducive environment (turning off lights, activate security, turning down volume, start brewing coffee etc.) based on the users current status ([0057], [0059], [0087]).
While Shinar in view of Pindado, Baek and Sayadi recites controlling opening blinds when a user’s state is awake, an in interpretation of Shinar may not explicitly disclose that the end user is that they will wake up within a proximate time frame of detecting a change in sleep status.
However, in the same field of endeavor (medical diagnostic systems), Ramirez teaches that the end user will wake up within a proximate time frame of detecting a change in sleep status ([0211] including “the sleep monitoring system may be communicatively connected with home automation networks or smart appliances and may be configured to send activation signals to different external devices . . . if the sleep data includes sleep stage data and it appears that such sleep stage data indicates that the sleeper is about to wake up, the sleep monitoring system may cause” automated responses related to being awake.).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified Shinar, Pindado, Baek and Sayadi to include the state of being about to be awake, which is merely the simple substitution of one known element for another (substituting the determination/state of being “awake” from Shinar, Pindado, Baek and Sayadi causing relevant automated actions being, for the determination/state of being about to be awake as disclosed by Ramirez) to obtain predictable results. The predictable result being the automations for waking up in the morning being performed based on the determination that the user is about to be awake instead of an awake state.
Claim Rejections - 35 USC § 103
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinar in view of Pindado in further view Baek in further view of Sayadi in further view of US 20050288571 to Perkins et al. (hereinafter Perkins).
Regarding Claim 12, an interpretation of Shinar wherein the computing server is configured to: determine when the end user is exhibiting a current hear rate based on the BCG signal (Shinar [0234]-[0235]; Pinhas [0067], [0088] including “detecting a variation of at least one of the critical parameters; and activating an alarm when at least one of the critical parameters deviates from an accepted value.”, [0116] including “measurement of heart rate, for example, by demodulating a high frequency spectrum of a ballistocardiography signal” see also [0182]).
an interpretation of Shinar may not explicitly disclose determining the users heart rate below an average for the heart rate and a standard deviation of values for a threshold window of time and send an alert signal to a third party in response to determining the end user’s heart rate is below the average for the physiological signal.
However, in the same field of endeavor (medical diagnostic systems), Perkins teaches determining the users heart rate below an average for the heart rate and a standard deviation of values for a threshold window of time ([0143] various physiological signals including HR and respiration rate, [0147] including “historical patient data to estimate an expected range for future patient data (such using the average plus or minus two standard deviations).”, [0148] including “a determination is made as to whether any of the thresholds are exceeded, step 472.”) and send an alert signal to a third party in response to determining the end user’s heart rate is below the average for the physiological signal ([0148] including “The alert can also be transmitted to the central monitoring station or other remote station, depending on the condition of the alert.”, Figs. 8, 11, 25).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek and Sayadi to include determining when a heart rate is outside of the standard deviation threshold as recited by Perkins because it provides the determination of alerts based on patient specific thresholds which account for the specifics norms of the particular patient ([0146]-[0147]).
Regarding Claim 13, an interpretation of Shinar wherein the computing server is configured to: determine when the end user is exhibiting a current respiration rate based on the BCG signal (Shinar [0234]-[0235]; Pinhas [0016], [0067], [0088] including “detecting a variation of at least one of the critical parameters; and activating an alarm when at least one of the critical parameters deviates from an accepted value.”, [0176] see also [0182]).
An interpretation of Shinar may not explicitly disclose determining the user’s respiration rate below an average for the respiration rate and a standard deviation of values for a threshold window of time and send an alert signal to a third party in response to determining the end user’s respiration rate is below the average for the physiological signal.
However, in the same field of endeavor (medical diagnostic systems), Perkins teaches determining the users respiration rate below an average for the respiration rate and a standard deviation of values for a threshold window of time ([0143] various physiological signals including HR and respiration rate, [0147] including “historical patient data to estimate an expected range for future patient data (such using the average plus or minus two standard deviations).”, [0148] including “a determination is made as to whether any of the thresholds are exceeded, step 472.”) and send an alert signal to a third party in response to determining the end user’s respiration rate is below the average for the physiological signal ([0148] including “The alert can also be transmitted to the central monitoring station or other remote station, depending on the condition of the alert.”, Figs. 8, 11, 25).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek and Sayadi to include determining when a heart rate is outside of the standard deviation threshold as recited by Perkins because it provides the determination of alerts based on patient specific thresholds which account for the specifics norms of the particular patient ([0146]-[0147]).
Claim Rejections - 35 USC § 103
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinar in view of Pindado in further view Baek in further view of Sayadi in further view of US 20190110763 to Brasch et al. (hereinafter Brasch).
Regarding Claim 14, an interpretation of Shinar discloses wherein the computing server is configured to: determine whether the user is in bed based on the BCG signal ([0168], Fig. 12).
An interpretation of Shinar may not explicitly disclose determine, based on historical data, hours when the end user is typically in the bed.
However, in the same field of endeavor (medical diagnostic systems), Sayadi teaches determine, based on historical data, hours when the end user is typically in the bed ([0070] “For example, the control circuitry 334 can use historical user interaction information for interactions between the user 308 and the bed 302 to determine that the user 308 usually falls asleep between 10:00 pm and 11:00 pm and usually wakes up between 6:30 am and 7:30 am on weekdays.”, [0072] “The historical user interaction information for interactions between the user 308 and the bed 302 can be used to identify user sleep and awake time frames. For example, user bed presence times and sleep times can be determined for a set period of time (e.g., two weeks, a month, etc.). The control circuitry 334 can then identify a typical time range or time frame in which the user 308 goes to bed, a typical time frame for when the user 308 falls asleep, and a typical time frame for when the user 308 wakes up (and in some cases, different time frames for when the user 308 wakes up and when the user 308 actually gets out of bed).) .
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include the gathering historical data overtime and displaying reports of the sleep metrics/status as recited by Sayadi because the reports provide information about a sleeper's heart health and wellness information about sleep health or sleep disorders such as sleep related breathing disorders or sleep related movement disorders ([0007]).
an interpretation of Shinar may not explicitly disclose determine whether the end user is not in bed within the hours the end user is typically in the bed, send an alert signal to a third party in response to determining the end user is not in bed within the hours the end user is typically in the bed.
However, in the same field of endeavor (medical diagnostic systems), Brasch teaches determine whether the end user is not in bed within the hours the end user is typically in the bed ([0117]; discloses monitoring for abnormal activity including determining not being in bed when typically in bed because of restroom), send an alert signal to a third party in response to determining the end user is not in bed within the hours the end user is typically in the bed ([0117]; Discloses sending an alert when out bed but typically in bed).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek and Sayadi to include determining the users bed occupancy is abnormal and providing an alert as recited by Brasch because it provides a determination of an abnormality and alerts other parties of the need to provide assistance ([0117]).
Regarding Claim 15, an interpretation of Shinar discloses wherein the computing server is configured to: determine whether the user is in bed based on the BCG signal ([0168], Fig. 12).
an interpretation of Shinar may not explicitly disclose determine, based on historical data, hours when the end user is typically in the bed.
However, in the same field of endeavor (medical diagnostic systems), Sayadi teaches determine, based on historical data, hours when the end user is typically in the bed ([0070], [0072]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include the gathering historical data overtime and displaying reports of the sleep metrics/status as recited by Sayadi because the reports provide information about a sleeper's heart health and wellness information about sleep health or sleep disorders such as sleep related breathing disorders or sleep related movement disorders ([0007]).
an interpretation of Shinar may not explicitly disclose determine whether the end user is in bed outside of the hours the end user is typically in the bed send an alert signal to a third party in response to determining the end user is in bed outside of the hours the end user is typically in the bed.
However, in the same field of endeavor (medical diagnostic systems), Brasch teaches determine whether the end user is in bed outside of the hours the end user is typically in the bed ([0117]; discloses monitoring for abnormal activity including determining in bed when should be up and about), send an alert signal to a third party in response to determining the end user is in bed outside of the hours the end user is typically in the bed ([0117]; sending an alert).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek and Sayadi to include determining the users bed occupancy is abnormal and providing an alert as recited by Brasch because it provides a determination of an abnormality and alerts other parties of the need to provide assistance ([0117]).
Regarding Claim 16, an interpretation of Shinar discloses wherein the computing server is configured to: determine whether the user is in bed based on the BCG signal ([0168], Fig. 12).
an interpretation of Shinar may not explicitly disclose determine, based on historical data, sleep patterns associated with the end user;
However, in the same field of endeavor (medical diagnostic systems), Sayadi teaches determine, based on historical data, sleep patterns associated with the end user ([0061] including “can use information indicating bed presence and sleep states for the user 308 collected over a period of time to identify a sleep pattern for the user.”, [0070], [0072]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include the gathering historical data overtime and displaying reports of the sleep metrics/status as recited by Sayadi because the reports provide information about a sleeper's heart health and wellness information about sleep health or sleep disorders such as sleep related breathing disorders or sleep related movement disorders ([0007]).
an interpretation of Shinar may not explicitly disclose determine whether the end user is exhibiting sleep patterns outside a threshold variation value; and send an alert signal to a third party in response to determining the end user is exhibiting sleep patterns outside a threshold variation value.
However, in the same field of endeavor (medical diagnostic systems), Brasch teaches determine whether the end user is exhibiting sleep patterns outside a threshold variation value ([0117]); and send an alert signal to a third party in response to determining the end user is exhibiting sleep patterns outside a threshold variation value ([0117]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek and Sayadi to include determining the users sleep abnormality and providing an alert as recited by Brasch because it provides a determination of an abnormality and alerts other parties of the need to provide assistance ([0117]).
Claim Rejections - 35 USC § 103
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinar in view of Pindado in further view Baek in further view of Sayadi in further view of US 20120238800 to Naujokat et al. (hereinafter Nau).
Regarding Claim 17, an interpretation of Shinar discloses wherein the computing server is configured to determine a sleep values/metrics for the end user including bed presence based on the BCG signal ([0168])
an interpretation of Shinar may not explicitly disclose determining quality of sleep wherein the quality of sleep value is based on a combination of: a time into the bed for the end user, an onset latency of entering sleep for the end user, an amount of wake time after entering sleep for the end user.
However, in the same field of endeavor (medical diagnostic systems), Nau teaches determining quality of sleep value wherein the quality of sleep value ([0090] see also [0083], [0092]-[0093], [0086]; Examiner notes that the reference mentions various known/”named” assessments related to sleep) is based on a combination of:
a time into the bed for the end user ([0090] including "As used herein, "time in bed" means the time the patient spends in bed, whether asleep or awake." Fig. 5 see also [0086]),
an onset latency of entering sleep for the end user ([0090] including “As used herein, "sleep onset latency" is the time between the patient getting into bed and first falling asleep.”, Fig. 5 See also [0086]),
an amount of wake time after entering sleep for the end user ([0090] including “As used herein, "wake after sleep onset" is that portion of the time in bed that the patient is awake from the first time he/she fell asleep to the moment he/she finally woke up in the morning.”, Fig. 5 See also [0086]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Sayadi in further view of Baek to include determining a quality of sleep based on a combination of sleep values/metrics as recited by Nau because it provides an analysis in order to determine and provide therapy when the user is having poor quality of sleep due to a sleep disorder like insomnia ([0008], [0013]).
Claim Rejections - 35 USC § 103
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinar in view of Pindado in further view Baek in further view of Sayadi in further view of US 20240115207 to Nguyen et al. (hereinafter Ng).
Regarding Claim 18, an interpretation of Shinar discloses the physiological sensor device may be an accelerometer ([0101]).
An interpretation of Shinar may not may not explicitly disclose wherein physiological sensor is a three axis Micro-Electro-Mechanical Systems (MEMS).
However, in the same field of endeavor (medical diagnostic systems), NG teaches wherein physiological sensor is a three axis Micro-Electro-Mechanical Systems (MEMS) ([0061] including "an use an array of 3D-MEMS sensor units each configured for sensing along three axes, including the X, Y and Z axes", [0067], Figs. 1-3).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified specific sensing device being an accelerometer as recited by Shinar in view of Pindado in further view of Baek in further view of Sayadi to more specifically have the accelerometer be a three axis MEMS device as recited Ng because it is merely combining the more specific prior art element of Ng with the teaching of Shinar in view of Pindado in further view of Baek according to known methods to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20110190594 to Heit et al. see [0050], [0073], [0079]-[0080] discloses determining various sleep parameters and using such parameters to determine “sleep quality” including those recited in claim 17
US 20230173221 to Shouldice et al. see [0271], Figs. 1-2
US 20200205580 to Sayadi et al. similar to Sayadi above.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/James Moss/Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792