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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/6/26 has been entered.
Response to Arguments
With regards to the 101, the rejection is withdrawn in view of Applicants arguments and amendments. Applicants state “Claim 1 as amended does not merely output or display a result, it physically controls electrical consumer devices in the end user's home in response to the sleep analysis engine determining the end user has fallen asleep based on the BCG signal.”, Applicants state they are interpreting the claims as “physically” controlling consumer devices, thus it is affirmatively reciting the adjustment as opposed to merely transmitting an instruction to change and is tied to the determination based on the BCG signal. Examiner notes the arguments based on the WiFi were not persuasive.
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 103 arguments Applicants first argument is directed to Applicants interpretation that “Shinar's system is fundamentally designed around a local control unit 14 that processes motion signals to detect physiological parameters.” and that “Critically, Shinar's device control . . . is triggered locally”. Examiner finds this not persuasive. While Shinar in the paragraphs Applicant is pointing to may be explaining the processing in a local context, this is not the full extent of the disclosure. Phrased differently Applicants are improperly limiting the teaching of the disclosure, it is not critical for processing to be performed. Contrary to Applicants assertion, and as recited in the cited portions below, Shinar also discloses the various processing modules of the control unit can be performed remotely and also that data can be transmitted for the remote processing. Thus, Examiner does not find applicants argument persuasive.
Applicants next argument appears to be arguing that combining Shinar with Sayadis teaching would break Shinar (local vs. remote processing). Examiner disagrees. This argument relies on the premise refuted in Applicants first argument, as Shinar does not require local analysis it is not breaking it by performing remote analysis. In arguendo, even if Shinar did only disclose local processing (which it isn’t limited to) performing remote processing, Examiner does not agree it would break the system. As noted in Sayadi there are advantages to having processing off of the local device such as access to greater computing power (Sayadi [0136] including “Some of these calculations can be performed in the bed data cloud service 410 a instead of locally on the bed's data processing system, for example, because the calculations are computationally complex or require a large amount of memory space or processor power that is not available on the bed's data processing system. . . .”). Furthermore, Examiner also notes that the Pindado was applied for teaching the analysis is on the server and the server issues the command to adjust the state of the external devices, while the Sayadi reference was applied to explicitly disclose the analysis/command (adjustment) was adjusting the state of the one or more electrical consumer devices based specifically on determining the end user has fallen asleep. Thus, to the extent Applicant was arguing against the wrong reference this is not persuasive. Applicants mention of “intended purpose” and [0107] is again improperly limiting the scope of the disclosure and is not persuasive see the above discussion (Shinar itself says it can be remote analysis) and for example [0021] discussing a broader use case. The rejection is based on the combination of the references not only the Shinar and Sayadi. As discussed above, the Shinar is not as limited as Applicants argue nor would combining its teaching with the other references ruin its intended use as such Applicants are not persuasive.
Applicants next mention Sayadi arguing that it uses local processing, that reference is also not as limited as Applicants are claiming. Sayadi has extensive discussion of the use of server/cloud processing. However, again it was Pindado that was applied for this element. Examiner also notes that Sayadi does disclose transferring data to cloud servers for processing and explicitly discloses one topology for devices in a local area to access the internet (transfer data to and from it) by using a wifi router (see the rejection below). Additionally, Examiner notes that it is general knowledge that wifi routers create a LAN allowing for data to be transferred to the internet, see for example Encyclopedia Britannica for Kids, Local Area Network (LAN), https://web.archive.org/web/20201025113921/https://kids.britannica.com/students/article/local-area-network-LAN/545134, dated 10/25/20.
Applicants remaining arguments are directed to attacks on the individual elements of reference when the rejections are based on the combination of references. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicants remaining arguments rely on those discussed above and are not persuasive for the same reasons.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the is disposed”, its unclear what this is referring to. Phrased differently it seems like something was left out between “the” and “is”? Based on the context this may have been meant to be the physiological sensor? But it could also have been some additional sensor? Based on the above discussion the claim does not clearly define the metes and bounds of the claim and the claim is indefinite. The claims depending from this claim share this issue and are likewise rejected.
Claim 1 contains the trademark/trade name “Wi-Fi”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe wireless communication and, accordingly, the identification/description is indefinite. Examiner would recommend deleting the term “Wi-Fi” as the element separately recites “wirelessly”.
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], Fig. 2 see also [0128], [0247], [0279]), 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]; Examiner is interpreting “network” as being the LAN and/or WAN (internet)); 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 in response to ([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]; Recites monitoring sleep states and making changes “accordingly” which is making a changes in response to what state is currently determined) the sleep analysis engine determining the end user sleep state based on the BCG signal (Shinar [0181], [0184]-[0185] See also [0279]; Pinhas [0074], [0078]-[0079], [0187]-[0188] see also [0449]).
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 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; by remotely sending a control signal through the network to the one or more electrical consumer 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] including “network can include networking equipments, such as, one or more wires, switches, hubs, wireless access points, and routers to enable communication between the devices and systems.”, 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); by remotely sending a control signal through the network to the one or more electrical consumer devices in response to analysis determinations ([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, and the server remotely issues commands through the network to adjust elements in the users environment based on 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 over a network for additional analysis on a server, an interpretation of Shinar may not explicitly disclose a network includes a Wi-Fi router within the end user's home wirelessly connected to the monitor device, wherein the Wi-Fi router transmits the physiological data from the monitor device through the network to the computing server; 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 a Wi-Fi router within the end user's home wirelessly connected to the monitor device, wherein the Wi-Fi router transmits the physiological data from the monitor device through the network to the computing server ([0051], [0054] including ”For example, the control circuitry 334 can be connected to a LAN (e.g., through a Wi-Fi router) . . . For example, the control circuitry 334 can connect to the Internet through a WiFi router . . .”, [0128], [0135]-[0136] see also [0045], [0181]-[0182]; Discloses the transfer of data over a network for processing remotely at a server as well as such a network of devices including providing internet access by use of a Wi-Fi router); 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 networked computing devices and associated analysis of data as recited by Shinar in view of Pindado in further view of Baek to include using the network having a Wi-Fi router to transmit data over the internet and the 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.
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/James Moss/Examiner, Art Unit 3792
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