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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“power management circuit” in claim 9 see [0042] including “The power management circuit exemplarily includes a power management integrated circuit (PMIC)”
“a night getting-up identification circuit ” in claim 10
“a night light gradual brightening and darkening module” in claim 10
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 6 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 recites “wherein the snoring sound signal is configured to determine whether the user has an apnea or not, and the ambient noise level is configured to evaluate comfort of a sleeping environment for the user.” Per MPEP 2161.01 "It is not enough that one skilled in the art could write a program to achieve the claimed function because the specification must explain how the inventor intends to achieve the claimed function to satisfy the written description requirement. See, e.g., Vasudevan Software, Inc. v. MicroStrategy, Inc., 782 F.3d 671, 681-683, 114 USPQ2d 1349, 1356, 1357 (Fed. Cir. 2015)" and "Similarly, original claims may lack written description when the claims define the invention in functional language specifying a desired result but the specification does not sufficiently describe how the function is performed or the result is achieved. For software, this can occur when the algorithm or steps/procedure for performing the computer function are not explained at all or are not explained in sufficient detail (simply restating the function recited in the claim is not necessarily sufficient). In other words, the algorithm or steps/procedure taken to perform the function must be described with sufficient detail so that one of ordinary skill in the art would understand how the inventor intended the function to be performed. ".
In view of MPEP 2161.01 and Applicants specification, the underlined portions do not have sufficient written description. Applicants’ specification for example [0035] which states “the snoring sound signal is used for the system to determine an apnea, . . .; the ambient noise level is used to evaluate comfort of a sleeping environment for the user and evaluate impact of background noise on sleep.”, which only recite functional language which does not sufficiently describe how the function is performed or the result is achieved. Applicants have not provided sufficient discussion to explain how the inventor intends to achieve the claimed functions.
Claim 10 recites “a night getting-up identification circuit ” and “a night light gradual brightening and darkening module”, however the specification does not provide sufficient disclosure as to the related structure. It’s unclear what “night getting up identification circuit” requires (likewise for the module) is this a physical analog circuit is this software run on a processor etc. Examiner notes that unlike other elements in the claims, such as the BCG acquisition module for example, have specific discussion of what they comprise and provide structural elements these elements do not include such detail. As such the claim does not have sufficient written description.
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 6, 10 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 6 recites the “the snoring sound signal configured to . . . ambient noise level is configured to determine . . .” which causes confusion because the snoring sound signal/ambient noise level are signals not devices/controllers/CPU’s etc. Examiner doesn’t believe the signals in and of themselves are able to be “configured to” make determinations etc. Therefore, the claim does not clearly define the metes and bounds of the claim and the claim is indefinite.
Claim 10 recites “a night getting-up identification circuit ” and “a night light gradual brightening and darkening module”, however it is unclear what the scope of these terms are. Reading the claim in view of the specification, which does not provide sufficient disclosure as to the related structure. It’s unclear what “night getting up identification circuit” requires (likewise for the module) is this a physical analog circuit is this software run on a processor etc. As such the claim does not clearly define the metes and bounds of the claim and the claim is indefinite.
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 11-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract, specifically a mental process abstract idea, idea without significantly more.
Step 1
The claimed invention in claim 11 is directed to statutory subject matter as the claimed recite an apparatus.
Step 2A, Prong 1
Regarding Claim 11, the recited elements of filtering, comparing and “wherein the control circuit is configured to determine whether the user is on the mattress according to a pressure signal detected by the pressure belt” is directed to a mental process of performing concepts in the human mind or by a human using the aid of pen and paper. For example, this limitation simply amounts to a clinician reading a data printout and making a mental determination as to the meaning of the data.
Step 2A, Prong 2
Regarding Claims 11, the judicial exception is not integrated into a practical application. The claim includes the additional elements of receiving the data from sensors. The steps of acquiring the sensed signals amount to insignificant, extra-solution activity in that it is merely data gathering. The processor (i.e., “processor”, “microcontroller”, “computer processor”, “cloud-computing device”, “mobile device”, “user device”, “operation unit”, “analysis unit”) 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, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B
Regarding Claims 11, 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 receiving the data from sensors. The steps of acquiring the sensed signals amount to insignificant, extra-solution activity in that it is merely data gathering. The processor (i.e., “processor”, “microcontroller”, “computer processor”, “cloud-computing device”, “mobile device”, “user device”, “operation unit”, “analysis unit”) 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, this additional element does not integrate the abstract idea into a practical application because it does 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, pressure sensor and processor are disclosed by 1) Ramirez see citations below; 2) Kuntao see citations below; 3) US 20200163627 see [0030], [0061], [0063]. Examiner notes pressure sensors are disclosed as being used to measure BCG.
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 12-13 only further define the data gathered (insignificant, extra-solution activity) and/or the decisions made with the gathered data (i.e. only further define the mental process). 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, 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200178887 to Ramirez et al. (hereinafter Ramirez) in view of CN 111084614 to Kuntao et al. (hereinafter Kuntao) in further view of US 5989193 to Sullivan (hereinafter Sullivan) in further view of US 20230065778 to Tadele (hereinafter Tadele).
Regarding Claim 1, an interpretation of Ramirez discloses a contactless vital signs monitoring system ([0054]-[0055], Figs. 1-3), being adapted for installation on a mattress and comprising a contactless vital signs signal acquisition and processing system ([0054]-[0055], Figs. 1-3);
wherein the contactless vital signs signal acquisition and processing system comprises a ballistocardiography (BCG) signal acquisition module ([0078]-[0079], [0080] including “pressure sensed by such pressure sensors may indicate one or more of gross movement of a sleeper, breathing rate of the sleeper, and heart rate of the sleeper.”, [0081]-[0082] including “allowing such a pressure sensor to be used as a ballistocardiogram sensor”, Figs. 1-3 see also [0069]-[0070], [0227]; Recites a plurality of pressure sensors/or meshes of pressures sensors and recites using a set of the pressure sensors as BCG sensors), a human body pressure acquisition module ([0078]-[0079], [0081]-[0082], Figs. 1-3 see also [0068]-[0070], [0227]; Recites a plurality of pressure sensors/or meshes of pressures sensor, including using different types of pressure sensors), and a control circuit ([0055], [0221]-[0222], [0224]-[0225], Figs. 1-3, 53 see also [0058], [0227]);
wherein the BCG signal acquisition module comprises a piezoelectric array ([0077]-[0079], [0081]-[0082] including ”Such pressure sensors may include, for example, . . . piezo-electric pressure sensors . . .”, Figs. 1-3 see also [0068]-[0070], [0227]), the piezoelectric array comprises a plurality of piezoelectric queues arranged along a lengthwise direction of the mattress ([0077] including “The number of sensors in the sensor mesh may be as few as two, but additional sensors may increase the sensitivity and fidelity of the sleep monitoring system. For example, a 2×2 grid of sensors may be used in some implementations, or a 1×3 array of sensors may be used in other implementations. The number of sensors used may also be much higher, e.g., an 8×8 array of sensors. . . . sensors spaced apart from one another on the carrier in at least the transverse direction, and potentially also in the longitudinal direction”, [0078]-[0079], [0081]-[0082], Figs. 1-3 see also [0069]-[0070], [0227]; the piezoelectric array (or grid of BCG/pressure sensors) can have multiple transverse rows (width) with a plurality of rows at different positions on the longitudinal (length) axis), each of the plurality of piezoelectric queues comprises a plurality of piezoelectric sequentially arranged along a widthwise direction of the mattress ([0077]-[0079], [0081]-[0082], Figs. 1-3 see also [0069]-[0070], [0227]; the piezoelectric array (or grid of bcg/pressure sensors) can have multiple sensors on each transverse row (width)), and the human body pressure acquisition module is disposed on a side of the BCG signal acquisition module facing away from a head of the mattress ([0077]-[0079], [0081]-[0082], Figs. 1-3 see also [0069]-[0070], [0227]; the reference discloses a grid of pressure sensors in one nonlimiting interpretation the “row” closest to where the feet would be could be the “human body pressure acquisition module”. Examiner notes there are other interpretations which would read on the claims) and configured to detect a pressure applied thereon ([0077]-[0079], [0081]-[0082], Figs. 1-3 see also [0069]-[0070], [0227]);
wherein the control circuit is configured to extract heart rate data, respiration data based on a BCG signal output by the BCG signal acquisition module ([0061]-[0062], [0080] including “pressure sensed by such pressure sensors may indicate one or more of gross movement of a sleeper, breathing rate of the sleeper, and heart rate of the sleeper.”, [0081]-[0082] including “Pressure sensors may be used to obtain a variety of insights regarding a person sleeping or resting on such sensors. . . . a pressure measurement signal that indicates the breathing rate of the person. . . . allowing such a pressure sensor to be used as a ballistocardiogram sensor.” see also [0187], [0227]), and a process of the extract is that: first, performing digital filtering on the BCG signal to extract BCG signals with frequencies in ranges of 0.08-0.5 Hz, 0.66-3.3 Hz ([0089]-[0091] including “the respiration rate is on the order of 0.3 to 0.4 Hz . . . the heartrate is about 0.7 Hz, which is consistent with an expected normal heartrate” see also [0227]), comparing the BCG signal with the frequency in the range of 0.66-3.3 Hz with a wave peak regularity of a preset normal electrocardiogram (ECG) signal to extract some features matching a ECG signal model as the heart rate data ([0089]-[0091] including “the respiration rate is on the order of 0.3 to 0.4 Hz . . . the heartrate is about 0.7 Hz, which is consistent with an expected normal heartrate” see also [0227]), comparing the BCG signal with the frequency in the range of 0.08-0.5 Hz with a wave peak regularity of a preset normal respiration signal to extract some features matching a respiration signal model as the respiration data ([0089]-[0091] including “the respiration rate is on the order of 0.3 to 0.4 Hz . . . the heartrate is about 0.7 Hz, which is consistent with an expected normal heartrate” see also [0227]), and extracting an ambient noise level ([0188] including “may be attributable to other independent sources, such as independent sources in the environment (such as vibrations or sounds in the ambient environment), or noise.” see [0212], [0227]; continues to process data even when user is not in the bed to determine an ambient baseline);
wherein the control circuit is configured to determine whether the user is on the mattress according to a pressure signal detected by the human body pressure acquisition module ([0069], [0143] including “may analyze sensor data from pressure sensors located on a carrier on top of the mattress, and may determine from such pressure sensors that an object that produces a pressure distribution similar to that produced by a person is present on the first side of the mattress”, Figs. 1-3, 53 see also [0088], [0101], [0128], [0227]).
An interpretation of Ramirez may not explicitly disclose the piezoelectric pressure sensors are ceramic; determine the user is on the mattress when the pressure signal is greater than or equal to a preset value, and determine the user is off the mattress when the pressure signal is smaller than the preset value.
However, in the same field of endeavor (medical diagnostic systems), Kuntao teaches piezoelectric pressure sensors are ceramic (Pg. 2 including “Further, the sensor is . . . a piezoelectric ceramic sensor,”, Pg. 4 paragraph 8 including “The strip sensors 11 and 12 are respectively used for collecting BCG signals”, Pg. 4 paragraph 9 including “The lattice sensor can be a . . . piezoelectric ceramics . . . The working principle of the mattress is the same as the above embodiments.”, Figs. 2-4; discloses using a grid of piezoelectric ceramic sensors for BCG sensing); determine the user is on the mattress when the pressure signal is greater than or equal to a preset value, and determine the user is off the mattress when the pressure signal is smaller than the preset value (Pg. 3 Paragraph 18 including “when the signal intensity is less than the threshold value 2, the monitoring area is considered to be free of people or the signal is weak, and the BCG signal is judged to be invalid under the two conditions; the acquired BCG signal is judged to be valid only when the signal strength is between the threshold 2 and the threshold 1”; there is a person deemed present on the device when the signal is above threshold 2). Examiner notes Kuntao also recites the filtering of the BCG signal (abstract).
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 sensors including piezoelectric sensors with associated physiological and presence analysis as recited by Ramirez to include more specific elements of particular piezoelectric sensors and determination of presence as recited by Kuntao because it is merely combining a more general discussion of elements in Ramirez with more detailed disclosure of particular elements (ceramic piezoelectric sensor, and presence based on threshold); which is merely combining prior art elements according to known methods to yield predictable results
An interpretation of Ramirez may not explicitly disclose extract abnormal sound signals of a user during rest with frequencies in ranges of 20-20000 Hz; extracting an ambient noise level and the abnormal sound signals including a snoring sound signal, a cough sound signal and a cry for help sound signal from the BCG signal with the frequency in the range of 20-20000 Hz.
However, in the same field of endeavor (medical diagnostic devices), Sullivan teaches to extract abnormal sound signals of a user during rest with frequencies in ranges of 20-20000 Hz (Col 6:25-31 including “Experiments have shown that the vibration frequency of the airway during a snore is typically in the range 10-100 Hz.”, Col 6:59-Col 7:12 including “If a signal is detected in the 10-100 Hz range which is not at inspiration or expiration, then this signal cannot relate to snoring and can be dismissed as a another noise created by the patient 13 or the surrounding environment” see also Col 3:13-45, Col 6:31-39); extracting an ambient noise level and the abnormal sound signals including a snoring sound signal from the BCG signal with the frequency in the range of 20-20000 Hz (Col 6:25-31, Col 6:59-Col 7:12 see also Col 3:13-45).
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 sensors including piezoelectric sensors with associated physiological and presence analysis as recited by Ramirez in view of Kuntao to include extracting additional ranges of the signal for ambient noise and snoring determination as recited by Sullivan because it provides a way of sensing elements for determining snoring which provide no discomfort to the user while also associating the sub-audible vibrations (first electrical signal) of the snoring with the breathing cycle (second electrical signal) for validity of the first signal (Col 3:21-35, Col 3:46-56).
An interpretation of Ramirez may not explicitly disclose wherein the monitoring system is configured to run at an intelligent ultralow power consumption operation control mode, which comprises controlling components of the monitoring system except the human body pressure acquisition module to sleep or shut down when it is determined that the user is off the mattress, and controlling all components of the monitoring system to normally operate when it is determined the user is on the mattress.
However, in the same field of endeavor (medical diagnostic systems), Tadele teaches wherein the monitoring system is configured to run at an intelligent ultralow power consumption operation control mode ([0003], [0037], [0044] see also [0026], [0028]; reference discloses using occupancy detection for determining whether user is occupying the bed: (1) if they are occupying the bed then activating additional processes such as additional sensing; Alternatively, (2) if they are not occupying the bed then deactivating elements such as additional sensors to move the system into a low power mode), which comprises controlling components of the monitoring system except the human body pressure acquisition module to sleep or shut down when it is determined that the user is off the mattress ([0003], [0037], [0044] see also [0026], [0028], [0048]), and controlling all components of the monitoring system to normally operate when it is determined the user is on the mattress ([0003], [0037], [0044] see also [0026], [0028].
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 sensors including piezoelectric sensors with associated physiological and presence analysis as recited by Ramirez in view of Kuntao in further view of Sullivan to include power saving by switching to a low power mode when the user is not present on the bed and operating normally when the user is present as recited by Tadele because switching to a low power state which advantageously uses less power ([0037], [0044]).
Regarding Claim 3, wherein the human body pressure acquisition module is embedded in the mattress ([0077]-[0079], [0081]-[0082], [0130] including “may take the form of, or be integrated with, a pad, bedsheet, blanket, duvet or comforter cover, fitted sheet, or mattress pad.”, Figs. 1-3 see also [0069]-[0070], [0129], [0227]) and comprises a resistance-type pressure belt arranged along the widthwise direction of the mattress ([0077]-[0079], [0081]-[0082] including “piezo-resistive pressure sensors”, Figs. 1-3 see also [0068]-[0070], [0129]-[0130], [0227]).
Regarding Claim 5, an interpretation of Ramirez further discloses wherein the control circuit is configured to: according to a characteristic that peaks of the BCG signal are generated by a human body of the user turning over on the mattress ([0069]-[0070] including “By analyzing the pattern of absolute pressure across the different sensor units, it is also possible to infer body position (e.g., prone versus supine versus side sleeping).”, [0206], [0208] see also [0068], [0080]-[0082], [0089], [0227]; recites using BCG sensor for determining body “gross” body movement (and supine/prone determination) which are higher pressure (“peaks”) than measuring the smaller pressure measurements of BCG, breathing etc.), extract signals with the peaks in the BCG signal as a body movement signal of the human body ([0069]-[0070], [0206], [0208] see also [0068], [0080]-[0082], [0089], [0227]).
Regarding Claim 6, an interpretation of Ramirez may not explicitly disclose wherein the ambient noise level is configured to evaluate comfort of a sleeping environment for the user ([0188], [0212] including “The sleep monitoring data may then provide insights to the sleeper regarding the impact the sleeping environment has on the sleep quality of the sleeper” see also [0227]).
However, in the same field of endeavor (medical diagnostic devices), Sullivan teaches the snoring sound signal is configured to determine whether the user has an apnea or not (Col 7:13-29, Figs. 4-5)
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 sensors including piezoelectric sensors with associated physiological and presence analysis as recited by Ramirez in view of Kuntao to include extracting additional ranges of the signal for ambient noise and snoring determination as recited by Sullivan because it provides a way of sensing elements for determining snoring which provide no discomfort to the user while also associating the sub-audible vibrations (first electrical signal) of the snoring with the breathing cycle (second electrical signal) for validity of the first signal (Col 3:21-35, Col 3:46-56).
Regarding Claim 7, an interpretation of Ramirez further discloses wherein the control circuit is configured to communicate with a cloud service end through a signal transmitter of the contactless vital signs signal acquisition and processing system ([0084], [0221]-[0222] see also [0227]; data can be sent to remote “cloud”), and the cloud service end is configured to communicate with a monitoring computer and a mobile terminal ([0084], [0221]-[0222] see also [0227]).
Claim Rejections - 35 USC § 103
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramirez in view of Kuntao in further view of Sullivan in further view of Tadele in further view of US 20210022667 to Sayadi et al. (hereinafter Sayadi).
Regarding Claim 10, an interpretation of Ramirez may not explicitly disclose a night getting-up automatic lightning system; wherein the night getting-up automatic lightning system comprises an ambient light detector, a night getting-up identification circuit, a night light gradual brightening and darkening module, and a night light; wherein the night getting-up identification circuit and the ambient light detector are both connected to the night light gradual brightening and darkening module; wherein the night light gradual brightening and darkening module is configured to control the night light to gradually brighten or darken, and comprises a time circuit controller; wherein the night getting-up identification circuit is configured to trigger the night light gradual brightening and darkening module to control the night light to gradually brighten when the pressure signal detected by the human body pressure acquisition module indicates the user is off the mattress and an ambient light intensity detected by the ambient light detector is lower than a preset value, and trigger the night light gradual brightening and darkening module to control the nightlight to gradually darken when the pressure signal detected by the human body pressure acquisition module indicates the user is on the mattress.
However, in the same field of endeavor (medical diagnostic systems with home automation), Sayadi teaches a night getting-up automatic lightning system ([0059], [0067]-[0069], [0155] see also [0061]-[0063], [0178]-[0179]);
wherein the night getting-up automatic lightning system comprises an ambient light detector ([0059] including “information collected from one or more other devices other than the bed 302 are used when generating the control signals. For example, information relating to environmental occurrences (e.g., . . . environmental light level)”, [0067]-[0069], [0155] including “These sensors include any sensors that can detect environmental variables—light sensors” see also [0061]-[0063]), a night getting-up identification circuit ([0053], [0059], [0067]-[0070] including “generate a first set of control signals for controlling the lighting system 314 if the user 308 is detected as getting out of bed at 3:00 am and to generate a second set of control signals for controlling the lighting system 314 if the user 308 is detected as getting out of bed after 6:30 am.”, [0155] see also [0051], [0061]-[0063], [0178]-[0179]), a night light gradual brightening and darkening module ([0059], [0067]-[0069] including “in response to determining that the user 308 is in bed for the evening, the control circuitry 334 of the bed 302 can generate control signals to cause the lighting system 314 to implement a sunset lighting scheme . . . A sunset lighting scheme can include, for example, dimming the lights (either gradually over time, or all at once)”, [0155] see also [0061]-[0063], [0178]-[0179]), and a night light ([0059], [0067]-[0069] including “nightlight 328”, [0155], Fig. 3 see also [0061]-[0063]);
wherein the night getting-up identification circuit and the ambient light detector are both connected to the night light gradual brightening and darkening module ([0059] including “information collected from one or more other devices other than the bed 302 are used when generating the control signals. For example, information relating to environmental occurrences (e.g., . . . environmental light level)”, [0067]-[0070] including “generate a first set of control signals for controlling the lighting system 314 if the user 308 is detected as getting out of bed at 3:00 am and to generate a second set of control signals for controlling the lighting system 314 if the user 308 is detected as getting out of bed after 6:30 am.”, [0155] including “These sensors include any sensors that can detect environmental variables—light sensors” see also [0061]-[0063], [0178]-[0179]);
wherein the night light gradual brightening and darkening module is configured to control the night light to gradually brighten or darken ([0059], [0067]-[0069], [0155], Fig. 3 see also [0061]-[0063], [0178]-[0179]), and comprises a time circuit controller ([0059] including “information on the time of day can be combined with information relating to movement and bed presence of the user 308 to generate control signals for the lighting system 314.”, [0067]-[0069] including “dimming the lights (either gradually over time, or all at once)”, [0155], Fig. 3 see also [0061]-[0063], [0178]-[0179]);
wherein the night getting-up identification circuit is configured to trigger the night light gradual brightening and darkening module to control the night light to gradually brighten when the pressure signal detected by the human body pressure acquisition module indicates the user is off the mattress and an ambient light intensity detected by the ambient light detector is lower than a preset value ([0051], [0053], [0059] including “information on the time of day can be combined with information relating to movement and bed presence of the user 308 to generate control signals for the lighting system 314.”, [0067]-[0069] including “In response to the control circuitry 334 determining that the user 308 is awake, the control circuitry 334 can 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. . . . can further include gradually increasing the level of light in the room”, [0071], [0155], Fig. 3 see also [0061]-[0063], [0178]-[0179]; the reference recites gathering information on ambient light and raising the light to set level based on determination user is awake), and trigger the night light gradual brightening and darkening module to control the nightlight to gradually darken when the pressure signal detected by the human body pressure acquisition module indicates the user is on the mattress ([0051], [0053], [0059] including “information on the time of day can be combined with information relating to movement and bed presence of the user 308 to generate control signals for the lighting system 314.”, [0067]-[0069] including “dimming the lights (either gradually over time, or all at once)”, [0155], Fig. 3 see also [0061]-[0063], [0178]-[0179]).
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 sensors including piezoelectric sensors with associated physiological and presence analysis as recited by Ramirez in view of Kuntao in further view of Sullivan in further view of Sayadi to include controlling other elements of the environment such as lights based on the users presence in combination with time of day to assist the user with waking up or help them fall asleep by turning on or off the lights respectively ([0068]-[0069]).
Claim Rejections - 35 USC § 103
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramirez in view of Kuntao in further view of Sullivan.
Regarding Claim 11, an interpretation of Ramirez discloses a contactless vital signs monitoring system ([0054]-[0055], Figs. 1-3), being adapted for installation on a mattress and comprising a contactless vital signs signal acquisition and processing system ([0054]-[0055], Figs. 1-3);
wherein the contactless vital signs signal acquisition and processing system comprises a piezoelectric array for BCG signal acquisition ([0078]-[0079], [0080] including “pressure sensed by such pressure sensors may indicate one or more of gross movement of a sleeper, breathing rate of the sleeper, and heart rate of the sleeper.”, [0081]-[0082] including “allowing such a pressure sensor to be used as a ballistocardiogram sensor”, Figs. 1-3 see also [0069]-[0070], [0227]; Recites a plurality of pressure sensors/or meshes of pressures sensors and recites using a set of the pressure sensors as BCG sensors), a pressure belt for human body pressure acquisition ([0078]-[0079], [0081]-[0082], Figs. 1-3 see also [0068]-[0070], [0227]; Recites a plurality of pressure sensors/or meshes of pressures sensor, including using different types of pressure sensors), and a control circuit including a microcontroller ([0055], [0221]-[0222], [0224]-[0225], Figs. 1-3, 53 see also [0058], [0227]);
wherein the piezoelectric array comprises a plurality of piezoelectric queues arranged along a lengthwise direction of the mattress ([0077] including “The number of sensors in the sensor mesh may be as few as two, but additional sensors may increase the sensitivity and fidelity of the sleep monitoring system. For example, a 2×2 grid of sensors may be used in some implementations, or a 1×3 array of sensors may be used in other implementations. The number of sensors used may also be much higher, e.g., an 8×8 array of sensors. . . . sensors spaced apart from one another on the carrier in at least the transverse direction, and potentially also in the longitudinal direction”, [0078]-[0079], [0081]-[0082], Figs. 1-3 see also [0069]-[0070], [0227]; the piezoelectric array (or grid of BCG/pressure sensors) can have multiple transverse rows (width) with a plurality of rows at different positions on the longitudinal (length) axis), each of the plurality of piezoelectric queues comprises a plurality of piezoelectric sequentially arranged along a widthwise direction of the mattress ([0077]-[0079], [0081]-[0082], Figs. 1-3 see also [0069]-[0070], [0227]; the piezoelectric array (or grid of bcg/pressure sensors) can have multiple sensors on each transverse row (width)), the pressure belt is disposed on a side of the piezoelectric array facing away from a head of the mattress and configured to detect a pressure applied thereon, and the pressure belt is embedded in the mattress and arranged along the widthwise direction of the mattress ([0077]-[0079], [0081]-[0082], Figs. 1-3 see also [0069]-[0070], [0227]);
wherein the control circuit is configured to extract heart rate data, respiration data of a user during rest based on a BCG signal output by the piezoelectric array ([0061]-[0062], [0080] including “pressure sensed by such pressure sensors may indicate one or more of gross movement of a sleeper, breathing rate of the sleeper, and heart rate of the sleeper.”, [0081]-[0082] including “Pressure sensors may be used to obtain a variety of insights regarding a person sleeping or resting on such sensors. . . . a pressure measurement signal that indicates the breathing rate of the person. . . . allowing such a pressure sensor to be used as a ballistocardiogram sensor.” see also [0187], [0227]), and a process of the extract is that: first, performing digital filtering on the BCG signal to extract BCG signals with frequencies in ranges of 0.08-0.5 Hz , 0.66-3.3 Hz ([0089]-[0091] including “the respiration rate is on the order of 0.3 to 0.4 Hz . . . the heartrate is about 0.7 Hz, which is consistent with an expected normal heartrate” see also [0227]), comparing the BCG signal with the frequency in the range of 0.66-3.3 Hz with a wave peak regularity of a preset normal electrocardiogram (ECG) signal to extract some features matching a ECG signal model as the heart rate data ([0089]-[0091] including “the respiration rate is on the order of 0.3 to 0.4 Hz . . . the heartrate is about 0.7 Hz, which is consistent with an expected normal heartrate” see also [0227]), comparing the BCG signal with the frequency in the range of 0.08-0.5 Hz with a wave peak regularity of a preset normal respiration signal to extract some features matching a respiration signal model as the respiration data ([0089]-[0091] including “the respiration rate is on the order of 0.3 to 0.4 Hz . . . the heartrate is about 0.7 Hz, which is consistent with an expected normal heartrate” see also [0227]), and extracting an ambient noise level ([0188] including “may be attributable to other independent sources, such as independent sources in the environment (such as vibrations or sounds in the ambient environment), or noise.” see [0212], [0227]; continues to process data even when user is not in the bed to determine an ambient baseline);
wherein the control circuit is configured to determine whether the user is on the mattress according to a pressure signal detected by the pressure belt ([0069], [0143] including “may analyze sensor data from pressure sensors located on a carrier on top of the mattress, and may determine from such pressure sensors that an object that produces a pressure distribution similar to that produced by a person is present on the first side of the mattress”, Figs. 1-3, 53 see also [0088], [0101], [0128], [0227]).
An interpretation of Ramirez may not explicitly disclose the piezoelectric pressure sensors are ceramic; determine the user is on the mattress when the pressure signal is greater than or equal to a preset value, and determine the user is off the mattress when the pressure signal is smaller than the preset value.
However, in the same field of endeavor (medical diagnostic systems), Kuntao teaches piezoelectric pressure sensors are ceramic (Pg. 2 including “Further, the sensor is . . . a piezoelectric ceramic sensor,”, Pg. 4 paragraph 8 including “The strip sensors 11 and 12 are respectively used for collecting BCG signals”, Pg. 4 paragraph 9 including “The lattice sensor can be a . . . piezoelectric ceramics . . . The working principle of the mattress is the same as the above embodiments.”, Figs. 2-4; discloses using a grid of piezoelectric ceramic sensors for BCG sensing); determine the user is on the mattress when the pressure signal is greater than or equal to a preset value, and determine the user is off the mattress when the pressure signal is smaller than the preset value (Pg. 3 Paragraph 18 including “when the signal intensity is less than the threshold value 2, the monitoring area is considered to be free of people or the signal is weak, and the BCG signal is judged to be invalid under the two conditions; the acquired BCG signal is judged to be valid only when the signal strength is between the threshold 2 and the threshold 1”; there is a person deemed present on the device when the signal is above threshold 2). Examiner notes Kuntao also recites the filtering of the BCG signal (abstract).
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 sensors including piezoelectric sensors with associated physiological and presence analysis as recited by Ramirez to include more specific elements of particular piezoelectric sensors and determination of presence as recited by Kuntao because it is merely combining a more general discussion of elements in Ramirez with more detailed disclosure of particular elements (ceramic piezoelectric sensor, and presence based on threshold); which is merely combining prior art elements according to known methods to yield predictable results
An interpretation of Ramirez may not explicitly disclose extract abnormal sound signals of a user during rest with frequencies in ranges of 20-20000 Hz; extracting an ambient noise level and the abnormal sound signals including a snoring sound signal, a cough sound signal and a cry for help sound signal from the BCG signal with the frequency in the range of 20-20000 Hz.
However, in the same field of endeavor (medical diagnostic devices), Sullivan teaches to extract abnormal sound signals of a user during rest with frequencies in ranges of 20-20000 Hz (Col 6:25-31 including “Experiments have shown that the vibration frequency of the airway during a snore is typically in the range 10-100 Hz.”, Col 6:59-Col 7:12 including “If a signal is detected in the 10-100 Hz range which is not at inspiration or expiration, then this signal cannot relate to snoring and can be dismissed as a another noise created by the patient 13 or the surrounding environment” see also Col 3:13-45, Col 6:31-39); extracting an ambient noise level and the abnormal sound signals including a snoring sound signal from the BCG signal with the frequency in the range of 20-20000 Hz (Col 6:25-31, Col 6:59-Col 7:12 see also Col 3:13-45).
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 sensors including piezoelectric sensors with associated physiological and presence analysis as recited by Ramirez in view of Kuntao to include extracting additional ranges of the signal for ambient noise and snoring determination as recited by Sullivan because it provides a way of sensing elements for determining snoring which provide no discomfort to the user while also associating the sub-audible vibrations (first electrical signal) of the snoring with the breathing cycle (second electrical signal) for validity of the first signal (Col 3:21-35, Col 3:46-56).
Allowable Subject Matter
Claims 2, 4, 8-9 are allowed over the prior art. The additional claims each contain specific additional elements which were not found in the art. The claims are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 12-13 are allowed over the prior art, however, they stand rejected under other provisions.
Conclusion
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/James Moss/Examiner, Art Unit 3792