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 .
Specification
The disclosure is objected to because of the following informalities:
“…This may include LEDs or other types of lights and may including the ability to do various operations of the lights in the room or environment…” in para.[0088] needs to be corrected. A suggested correction is -- This may include LEDs or other types of lights and may [[including]] include the ability to do various operations of the lights in the room or environment--.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 14 “wherein the computing device is configured to run a sequence of stimuli to wake a user from sleep” needs to be corrected. A suggested correction is – wherein the computing device is configured to run a sequence of stimuli to wake [[a]] the user from the sleep – in light of its respective antecedents “user” and “sleep” in claim 1 line 4.
Claim 15 in lines 7-9 “one or more stimulation devices coupled to the computing device, wherein the one or more stimulation devices are configured to produce one or more stimuli; and;” needs to be corrected. A suggested correction is --one or more stimulation devices coupled to the computing device, wherein the one or more stimulation devices are configured to produce one or more stimuli; and[[;]]--.
Claim 17 " the cloud connected computing device" in line 2 should read -- the cloud computing device -- in order to maintain consistent terminology with its antecedent at line 1 of Claim 16. Appropriate correction is required.
Appropriate correction is required.
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.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 2-9 and 15-20 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 2 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 2 recites " a wearable device on the user". Therefore, Claim 2 is rejected for positively claiming the human body. The human body may not be claimed. The Examiner suggests the Applicants’ to amend the claim to recite --wherein the plurality of monitoring sensors comprises a wearable device arranged on the user-- or -- wherein the plurality of monitoring sensors comprises a wearable device positioned on the user—or -- wherein the plurality of monitoring sensors comprises a wearable device configured to be worn by [[on]] the user-- instead.
Claim 15 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 15 recites "wearable device on the user". Therefore, Claim 15 is rejected for positively claiming the human body. The human body may not be claimed. The Examiner suggests the Applicants’ to amend the claim to recite -- wherein the plurality of monitoring sensors includes wearable device arranged on the user-- or -- wherein the plurality of monitoring sensors includes wearable device positioned on the user—or -- wherein the plurality of monitoring sensors includes wearable device configured to be worn by [[on]] the user-- instead.
Dependent claims 3-9 and 16-20 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 101 and section 33(a) of the America Invents Act because the additional recited limitations fail to cure the issue noted in the respective base claim.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed paras [0032-0037], [00113-00120].
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 10-12 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Anderson et al. (Pub. No.: US 20100048984 A1, hereinafter referred to as “Anderson”).
As per independent Claim 1, Anderson discloses a sleep aid system (Anderson in at least abstract, fig. 1-3, [0001], [0006-0009], [0014], [0023-0030], [0032-0033] for example discloses relevant subject-matter. More specifically, Anderson in at least abstract, fig. 1-3, [0001], [0007-0008], [0014], [0023] for example discloses sleep aid system 10. See at least Anderson [0014] “an integrated sleep control center 10 is shown for creating a sleep-friendly environment. Sleep control center 10 is a mechanical and electronic device for controlling the physical properties of the sleep area and activities associated with initiating sleep and arising from the sleeping state”; [0023] “integrated sleep control center 10 controlling a variety of environmental systems. Sleep control center 10 establishes an environment to aid with inducing sleep, maintaining continuous and restful sleep through the night, and waking up in the morning without subjecting the body to stress”) comprising:
a computing device (Anderson in at least fig. 1-3, [0023], [0030] for example discloses a computing device 50);
a plurality of monitoring sensors coupled to the computing device and configured to monitor a user before and during sleep of the user (Anderson in at least fig. 2, [0023-0028] for example discloses a plurality of monitoring sensors/sensors coupled to the computing device and configured to monitor a user before and during sleep of the user. See at least Anderson [0028] “Sleep control center 10 controls bio monitors 38 which connect to sensors placed on the sleeping person to monitor bio functions such as heart rate, blood pressure, body temperature, and brain activity”);
one or more stimulation devices coupled to the computing device, wherein the one or more stimulation devices are configured to produce one or more stimuli (Anderson in at least fig. 2, [0023-0029] for example discloses one or more stimulation devices 30-44 coupled to the computing device, wherein the one or more stimulation devices are configured to produce one or more stimuli. See at least Anderson [0023] “integrated sleep control center 10 controlling a variety of environmental systems”; [0024] “Sleep control center 10 is programmable using control knob 16 and display 14 to control the timing and function of the environmental systems. For example, sleep control center 10 controls lighting 30 by turning the light on and off, and setting the intensity and wavelength of light emitted”; [0025] “sleep control center 10 controls the entire lighting system in the bedroom or throughout the home to create the desired wavelength at the selected times in the environmental environment”; [0026] “Sleep control center 10 also controls temperature 32 according to the user programming, which sets and regulates the temperature of the environment during the sleep cycle. The electronic circuits in sleep control center 10 are electrically connected to the home heating and cooling system to regulate temperature.”; [0027] “Sleep control center 10 can activate audio/video equipment 34 … electronic circuits in sleep control center 10 are electrically connected to audio/video equipment 34 to control its operation. The audio/video equipment provides sounds and visual images to induce sleep, maintain sleep, and minimize stress when waking up. Sleep control center 10 can activate olfactory block 36 to provide smells to induce sleep, maintain sleep, and minimize stress when waking up. For example, olfactory block 36 may introduce a floral scent or ocean sounds to induce sleep, and a coffee or breakfast aroma to help the person wake up.”; [0029] “sleep control center 10 further controls other environmental systems, such as humidity, air circulation, and opening or closing blinds on a window… environmental systems 30-44 are all part of the sleep-related environment.”); and
wherein the computing device processes inputs from the plurality of monitoring sensors and activates the one or more stimulation devices to produce the one or more stimuli based on the processed inputs (Anderson in at least fig. 2, [0023-0029] for example wherein the computing device processes inputs from the plurality of monitoring sensors and activates the one or more stimulation devices to produce the one or more stimuli based on the processed inputs. See at least Anderson [0028] “if bio monitor senses that the sleeping person's body temperature is rising, then the environmental temperature 32 can be decreased. If bio functions register excessive stress during the awakening process, then the awakening cues, i.e., light intensity, can be reduced.”;).
As per dependent Claim 10, Anderson further discloses sleep aid system wherein the plurality of monitoring sensors are configured to record and monitor the sleep pattern of the user and match the sleep pattern to monitored conditions in a room where the user sleeps (Anderson in at least [0028] for example discloses wherein the plurality of monitoring sensors are configured to record and monitor the sleep pattern of the user and match the sleep pattern to monitored conditions in a room where the user sleeps. See at least Anderson [0028] “if bio monitor senses that the sleeping person's body temperature is rising, then the environmental temperature 32 can be decreased. If bio functions register excessive stress during the awakening process, then the awakening cues, i.e., light intensity, can be reduced.”;).
As per dependent Claim 11, Anderson further discloses sleep aid system wherein the monitored conditions include a temperature and an amount of light in the room (Anderson in at least fig. 2-3, [0025-0026], [0028] for example discloses the monitored conditions include a temperature and an amount of light in the room. See at least [0025] “electronic circuits in sleep control center 10 are electrically connected to the home lighting system to control its operation. ”; [0026] “Sleep control center 10 also controls temperature 32 … which sets and regulates the temperature of the environment during the sleep cycle. The electronic circuits in sleep control center 10 are electrically connected to the home heating and cooling system to regulate temperature.”; [0028] “if bio monitor senses that the sleeping person's body temperature is rising, then the environmental temperature 32 can be decreased. If bio functions register excessive stress during the awakening process, then the awakening cues, i.e., light intensity, can be reduced”;).
As per dependent Claim 12, Anderson further discloses sleep aid system wherein the computing device is configured to run a sequence of stimuli matched to a sleep pattern of the user (Anderson in at least [0023], [0025-0026] for example discloses the computing device is configured to run a sequence of stimuli matched to a sleep pattern of the user. See at least Anderson [0023] “integrated sleep control center 10 controlling a variety of environmental systems. Sleep control center 10 establishes an environment to aid with inducing sleep, maintaining continuous and restful sleep through the night, and waking up in the morning without subjecting the body to stress. By programming sleep control center 10 to set the conditions of the sleep environment, the circadian rhythms of the user or users can follow their natural pattern resulting in rapid lapse into the sleep state, quality rest, and minimal stress in the awakening process.”; [0025] “By controlling lighting 30, sleep control center 10 creates an environment to aid with inducing sleep, maintaining continuous and restful sleep through the night, and waking up in the morning without subjecting the body to stress”; [0026] “Sleep control center 10 also controls temperature 32 … which sets and regulates the temperature of the environment during the sleep cycle. The electronic circuits in sleep control center 10 are electrically connected to the home heating and cooling system to regulate temperature.”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
Claims 2-9, 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of Viveiros; Walter (Pub. No.: US 20200338304 A1, hereinafter referred to as “Viveiros”).
As per dependent Claim 2, Anderson discloses sleep aid system of claim 1 (see claim 1 analysis)
Anderson does not explicitly disclose wearable device features i.e. wherein the plurality of monitoring sensors comprises a wearable device on the user, wherein the wearable device is connected to the computing device.
However, in an analogous sleep aid system field of endeavor, Viveiros discloses sleep aid system (Viveiros in at least abstract, fig. 1, fig. 10, fig. 12-15, [0002], [0009-0010], [0013], [0019], [0025], [0028-0030], [0045], [0048], [0060-0062], [0064-0068], [0074], [0085], [0087] for example discloses relevant subject-matter. More specifically, Viveiros in abstract, fig. 12, [0009], [0019], [0028-0029], [0060-0061], [0068] for example discloses a sleep aid system. See at least Viveiros [0009] “a system and method for sleep environment management… system includes a sleep environment and a server. The sleep environment comprises a bed … one or more sleep metric sensors for detecting sleep quality of a user; one or more activity metric sensors for human activity recognition within the sleep space, … and a sleep environment controller”; [0019] “sleep environment controller adjusts the sleep environment based on the feedback”)
wherein the plurality of monitoring sensors comprises a wearable device on the user, wherein the wearable device is connected to the computing device (Viveiros in [0029], [0061], [0065] for example discloses the plurality of monitoring sensors comprises a wearable device/wearable watch on the user, wherein the wearable device is connected to the computing device. See at least Viveiros [0061] “one or more sleep metric sensors 120 including B1, B2, B3, B4, and B5 may be installed on or near the bed to detect one or more sleep metrics for determining a sleep quality of a user resting or sleeping on the bed… any data collection device, sensor, or module that detects and measures physical characteristics of the user may be used as a sleep metric sensor, even if data collection occurs while the user is awake instead of asleep…sensors may be combined with … a wearable device to detect roll-over movements during sleep…respiratory rate, oxygen saturation, and/or heart rate of the user may be monitored using a wearable pulse oximeter.”; [0065] “sleep environment 105 further comprises a sleep environment controller 140. Such a controller may communicate with some or all of the sleep metric sensors and activity metric sensors to consolidate and pre-process measured data, and further communicate with a server 150 having access to a database 160. Controller 140 may be a general purpose computing device, and it may have user input and output interfaces, as appropriate. Examples include … wearable watches”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of monitoring sensors used in the sleep aid system as taught by Anderson, by further including wearable device monitoring sensors, as taught by Viveiros. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of making the sensor wearable and thus portable/ambulatory with the user (Viveiros, [0061], [0065]).
As per dependent Claim 3, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the plurality of monitoring sensors comprises a temperature sensor, an audio reception device, and a camera (Anderson in at least fig. 2-3, [0026], [0028] for example discloses plurality of monitoring sensors comprises a temperature sensor while Viveiros in fig. 12-13, [0029], [0061], [0105], [0110] for example discloses an audio reception device/microphone, and a camera/thermal imaging camera. Thus, combination of applied art as a whole discloses all the limitations as now explicitly, positively and specifically recited by the Applicants. See at least Anderson [0026] “electronic circuits in sleep control center 10 are electrically connected to the home heating and cooling system to regulate temperature”; [0028] “Sleep control center 10 controls bio monitors 38 which connect to sensors placed on the sleeping person to monitor bio functions such as … body temperature”; Viveiros [0026] “sleep metric sensors may include body temperature sensors such as a thermal imaging camera that can estimate body temperature non-intrusively.”; [0105] “sleep environment further comprises dynamic audio system 1205 having a set of speakers' … hidden microphones, and a receiver… The microphone provides digital logic module 1203 information to make audio settings adjustments and provide audio systems performance updates to signal that the sounds produced is within a set of predefined tolerances…the microphone may signal to digital logic module 1203 that a strange sound outside of the tolerance range should be examined.”).
As per dependent Claim 4, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the one or more stimulation devices includes a speaker configured to emit sounds (Anderson in at least fig. 2-3, [0027] and Viveiros in fig. 12-13, [0030], [0060], [0074], [0085], [0105] for example discloses the one or more stimulation devices includes a speaker configured to emit sounds. See at least Anderson [0027] “Sleep control center 10 can activate audio/video equipment 34 … electronic circuits in sleep control center 10 are electrically connected to audio/video equipment 34 to control its operation. The audio/video equipment provides sounds and visual images to induce sleep, maintain sleep, and minimize stress when waking up… ocean sounds to induce sleep”; see Viveiros [0030] “system further comprises a sound machine for generating a sound selected from the group consisting of a white noise, a sound masking noise, a music, a radio broadcast, an audio reading, and a noise cancellation”; [0105] “sleep environment further comprises dynamic audio system 1205 having a set of speakers' … hidden microphones, and a receiver”).
As per dependent Claim 5, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the one or more stimulation devices includes a scent dispenser configured to emit scents (Anderson in at least fig. 2-3, [0027] and Viveiros fig. 12-13 [0108] for example discloses the one or more stimulation devices includes a scent dispenser configured to emit scents. see at least Anderson [0027] “Sleep control center 10 can activate olfactory block 36 to provide smells to induce sleep, maintain sleep, and minimize stress when waking up. For example, olfactory block 36 may introduce a floral scent … to induce sleep, and a coffee or breakfast aroma to help the person wake up.”; Viveiros [0108] “dynamic scent system 1211 and air purification system 1215 adaptively changes the smell of the room based on a theme selected through environmental digital logic module 1203. Scent system 1211 may comprise an aroma-producing solution that utilizes an effect to help enhance the total experience of the guest by transmitting a message to the guest's limbic system”).
As per dependent Claim 6, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the one or more stimulation devices includes one or more lights configured to produce different sequence or intensity of lights for the user (Anderson in at least fig. 2-3, [0024-0025] and Viveiros in at least fig. 12-13, [0010], [0060], [0074], [0101], [0107] for example discloses the one or more stimulation devices includes one or more lights configured to produce different sequence or intensity of lights for the user. See at least Anderson [0024] “sleep control center 10 controls lighting 30 by turning the light on and off, and setting the intensity and wavelength of light emitted…sleeping person uses light to activate their awake cycle naturally, without the stress of abrupt and excessive audible sounds.”; [0025] “sleep control center 10 controls the entire lighting system in the bedroom or throughout the home to create the desired wavelength at the selected times in the environmental environment. The electronic circuits in sleep control center 10 are electrically connected to the home lighting system to control its operation…By controlling lighting 30, sleep control center 10 creates an environment to aid with inducing sleep, maintaining continuous and restful sleep through the night, and waking up in the morning without subjecting the body to stress”; Viveiros [0107] “dynamic lighting system 1211 receives inputs from environmental digital logic module 1203 based on pre-programmed software to adjust the brightness and colour of the lighting in the room to help stimulate a positive mood of the user” ).
As per dependent Claim 7, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the computing device is connected to a thermostat and the computing device is further configured to adjust the temperature based on the inputs from the plurality of monitoring sensors (Anderson in fig. 2-3, [0026], [0028-0029] and Viveiros in fig. 12-13 ,[0028-0029], [0039], [0068], [0101], [0108] for example discloses the computing device is connected to a thermostat and the computing device is further configured to adjust the temperature based on the inputs from the plurality of monitoring sensors. See at least Anderson [0026] “Sleep control center 10 also controls temperature 32 …which sets and regulates the temperature of the environment during the sleep cycle. The electronic circuits in sleep control center 10 are electrically connected to the home heating and cooling system to regulate temperature.”; [0028] “if bio monitor senses that the sleeping person's body temperature is rising, then the environmental temperature 32 can be decreased”; [0029] “Sleep control center 10 further controls other environmental systems, such … air circulation”; Viveiros [0028] “system further comprises an environmental digital logic module integrated into the sleep environment, wherein the environmental digital logic module controls one or more environmental conditions within the sleep environment, the environmental conditions comprising one of temperature and humidity,”; [0108] “dynamic scent and air purification systems may be integrated within the air circulation duct that works with the circulation system … to ensure that the hotel room smell and temperature are within the tolerances defined in the environmental digital logic module.”; Viveiros [0068] “sleep environment controller 140 as feedback information for adjusting elements of the sleep environment… if it is determined that the user has high body temperature, or rolling-over frequently in light sleep, a room temperature of the sleeping space may be lowered accordingly to help improve the user's sleep quality.”).
As per dependent Claim 8, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the computing device is further configured to adjust the lights based on the inputs from the plurality of monitoring sensors (Anderson in at least fig. 2-3, [0024-0025], [0028] and Viveiros in fig. 12-13, [0029], [0060] for example discloses the computing device is further configured to adjust the lights based on the inputs from the plurality of monitoring sensors. See at least Anderson [0028] “If bio functions register excessive stress during the awakening process, then the awakening cues, i.e., light intensity, can be reduced.”; Viveiros [0029] “sleep environment further comprises one of a temperature sensor, a humidity sensor, and an air quality monitor”; [0060] “To optimize the use of such a sleep environment in helping a user prepare, transition and remain in deep sleep, an analytical approach based on a feedback cycle may be employed to adjust bed incline, air quality, temperature, lighting, noise, and other elements of sleep environment 105” ).
As per dependent Claim 9, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the computing device is further configured to adjust audio output from the speaker based on the inputs from the plurality of monitoring sensors (Anderson in at least fig. 2-3, [0027] and Viveiros fig. 12-13, [0029-0030], [0074], [0085], [0101], [0105], [0110] for example discloses the computing device is further configured to adjust audio output from the speaker based on the inputs from the plurality of monitoring sensors. See at least Anderson [0027] “electronic circuits in sleep control center 10 are electrically connected to audio/video equipment 34 to control its operation. The audio/video equipment provides sounds and visual images to induce sleep, maintain sleep, and minimize stress when waking up. Sleep control center 10 can activate olfactory block 36 to … introduce … ocean sounds to induce sleep”; Viveiros [0030] “the system further comprises a sound machine for generating a sound selected from the group consisting of a white noise, a sound masking noise, a music, a radio broadcast, an audio reading, and a noise cancellation”; [0105] “sleep environment further comprises dynamic audio system 1205 having a set of speakers' pre-manufactured in the ceiling panels, hidden microphones, and a receiver” ).
As per dependent Claim 13, Anderson discloses sleep aid system of claim 1 (see claim 1 analysis)
Anderson does not explicitly disclose wherein the computing device sends data collected from the user to a cloud connected computing device, wherein the cloud computing device includes an artificial intelligence (AI) algorithm that monitors the inputs and stimuli and determines a personalized stimuli sequence for the user.
However, in an analogous sleep aid system field of endeavor, Viveiros discloses sleep aid system (Viveiros in at least abstract, fig. 1, fig. 10, fig. 12-15, [0002], [0009-0010], [0013], [0019], [0025], [0028-0030], [0045], [0048], [0060-0062], [0064-0068], [0074], [0085], [0087] for example discloses relevant subject-matter. More specifically, Viveiros in abstract, fig. 12, [0009], [0019], [0028-0029], [0060-0061], [0068] for example discloses a sleep aid system. See at least Viveiros [0009] “a system and method for sleep environment management… system includes a sleep environment and a server. The sleep environment comprises a bed … one or more sleep metric sensors for detecting sleep quality of a user; one or more activity metric sensors for human activity recognition within the sleep space, … and a sleep environment controller”; [0019] “sleep environment controller adjusts the sleep environment based on the feedback”)
wherein the computing device sends data collected from the user to a cloud connected computing device, wherein the cloud computing device includes an artificial intelligence (AI) algorithm that monitors the inputs and stimuli and determines a personalized stimuli sequence for the user (Viveiros in fig. 10, [0066], [0087], [0137] for example discloses the computing device sends data collected from the user to a cloud connected computing device, wherein the cloud computing device includes an artificial intelligence (AI) algorithm that monitors the inputs and stimuli and determines a personalized stimuli sequence for the user. see at least Viveiros [0066] “server 150 and database 160 may be located … distributively in the cloud. Server 150 may interact with sleep environment controller 140 to collect sleep metric and activity metric measurements from one or more sleeping environments… at discrete time intervals over a period of time such as overnight, over the span of a given number of hours or days, or over discontinuous intervals such as several nights”; [0087] “an artificial intelligence (AI) system for sleep environment management… sensed data may be stored, analyzed, and shared… or stored in the cloud… sensed data may be managed and analyzed using a server 1006 running one or more artificial intelligence (AI)-based algorithms to monitor sleep metric and activity metric data. Such AI-based algorithms may learn from the user's behaviors and recognize patterns of changes in the user's movement before, during, and after sleep…ML algorithms may be used to extract useful intelligence from the sleep metric and activity metric data automatically, without operator intervention. The ML algorithms can look for patterns or correlations in the user's sleep patterns from the sleep metric sensors based on factors within the sleep environment, such as the environmental conditions in the sleep environment, time of sleep initiation, activities performed before sleep, and so forth”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sleep aid system as taught by Anderson, by further including cloud services, as taught by Viveiros. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of eliminating any need for custom software installation on the client side and increases the flexibility of delivery of the service (software-as-a-service), and increases user satisfaction and ease of use (Viveiros, [0120])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sleep aid system as taught by Anderson, by further using AI automation tools, as taught by Viveiros. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of extracting useful intelligence from the sleep metric and activity metric data automatically, without operator intervention by looking for patterns or correlations in the user's sleep patterns from the sleep metric sensors based on factors within the sleep environment, such as the environmental conditions in the sleep environment, time of sleep initiation, activities performed before sleep, and so forth which then can be used to provide for improving their sleep quality and/or quantity (Viveiros, [0087]).
As per dependent Claim 14, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the computing device is configured to run a sequence of stimuli to wake a user from sleep (Anderson in at least [0024] for example discloses the computing device is configured to run a sequence of stimuli to wake a user from sleep. See at least Anderson [0024-0025], [0027-0029] for example discloses the computing device is configured to run a sequence of stimuli to wake a user from sleep. See at least Anderson [0024] “sleeping person uses light to activate their awake cycle naturally, without the stress of abrupt and excessive audible sounds.”; [0025] “By controlling lighting 30, sleep control center 10 creates an environment to aid with inducing sleep, maintaining continuous and restful sleep through the night, and waking up in the morning without subjecting the body to stress”; [0027] “olfactory block 36 may introduce … a coffee or breakfast aroma to help the person wake up”; [0028] “If bio functions register excessive stress during the awakening process, then the awakening cues, i.e., light intensity, can be reduced”; [0029] “Sleep control center 10 further controls other environmental systems…attributes of the bed can be controlled in block 42. For example, the head of the bed may be raised in the morning to a sitting position for the sleeping person during the awakening process.”).
As per independent Claim 15, Anderson discloses a sleep aid system(Anderson in at least abstract, fig. 1-3, [0001], [0006-0009], [0014], [0023-0030], [0032-0033] for example discloses relevant subject-matter. More specifically, Anderson in at least abstract, fig. 1-3, [0001], [0007-0008], [0014], [0023] for example discloses sleep aid system 10. See at least Anderson [0014] “an integrated sleep control center 10 is shown for creating a sleep-friendly environment. Sleep control center 10 is a mechanical and electronic device for controlling the physical properties of the sleep area and activities associated with initiating sleep and arising from the sleeping state”; [0023] “integrated sleep control center 10 controlling a variety of environmental systems. Sleep control center 10 establishes an environment to aid with inducing sleep, maintaining continuous and restful sleep through the night, and waking up in the morning without subjecting the body to stress”), comprising:
a computing device (Anderson in at least fig. 1-3, [0023], [0030] for example discloses a computing device 50);
a plurality of monitoring sensors coupled to the computing device and configured to monitor a user before and during sleep of the user (Anderson in at least fig. 2, [0023-0028] for example discloses a plurality of monitoring sensors/sensors coupled to the computing device and configured to monitor a user before and during sleep of the user. See at least Anderson [0028] “Sleep control center 10 controls bio monitors 38 which connect to sensors placed on the sleeping person to monitor bio functions such as heart rate, blood pressure, body temperature, and brain activity”),
wherein the plurality of monitoring sensors includes wearable device on the user, a temperature sensor, an audio reception device, or a camera (Anderson in at least fig. 2-3, [0026], [0028] for example discloses plurality of monitoring sensors comprises a temperature sensor. See at least Anderson [0026] “electronic circuits in sleep control center 10 are electrically connected to the home heating and cooling system to regulate temperature”; [0028] “Sleep control center 10 controls bio monitors 38 which connect to sensors placed on the sleeping person to monitor bio functions such as … body temperature”;);
one or more stimulation devices coupled to the computing device, wherein the one or more stimulation devices are configured to produce one or more stimuli (Anderson in at least fig. 2, [0023-0029] for example discloses one or more stimulation devices 30-44 coupled to the computing device, wherein the one or more stimulation devices are configured to produce one or more stimuli. See at least Anderson [0023] “integrated sleep control center 10 controlling a variety of environmental systems”; [0024] “Sleep control center 10 is programmable using control knob 16 and display 14 to control the timing and function of the environmental systems. For example, sleep control center 10 controls lighting 30 by turning the light on and off, and setting the intensity and wavelength of light emitted”; [0025] “sleep control center 10 controls the entire lighting system in the bedroom or throughout the home to create the desired wavelength at the selected times in the environmental environment”; [0026] “Sleep control center 10 also controls temperature 32 according to the user programming, which sets and regulates the temperature of the environment during the sleep cycle. The electronic circuits in sleep control center 10 are electrically connected to the home heating and cooling system to regulate temperature.”; [0027] “Sleep control center 10 can activate audio/video equipment 34 … electronic circuits in sleep control center 10 are electrically connected to audio/video equipment 34 to control its operation. The audio/video equipment provides sounds and visual images to induce sleep, maintain sleep, and minimize stress when waking up. Sleep control center 10 can activate olfactory block 36 to provide smells to induce sleep, maintain sleep, and minimize stress when waking up. For example, olfactory block 36 may introduce a floral scent or ocean sounds to induce sleep, and a coffee or breakfast aroma to help the person wake up.”; [0029] “sleep control center 10 further controls other environmental systems, such as humidity, air circulation, and opening or closing blinds on a window… environmental systems 30-44 are all part of the sleep-related environment.”); and;
wherein the computing device processes inputs from the plurality of monitoring sensors and activates the one or more stimulation devices to produce the one or more stimuli based on the processed inputs (Anderson in at least fig. 2, [0023-0029] for example wherein the computing device processes inputs from the plurality of monitoring sensors and activates the one or more stimulation devices to produce the one or more stimuli based on the processed inputs. See at least Anderson [0028] “if bio monitor senses that the sleeping person's body temperature is rising, then the environmental temperature 32 can be decreased. If bio functions register excessive stress during the awakening process, then the awakening cues, i.e., light intensity, can be reduced.”;).
Anderson does not explicitly disclose wearable device features i.e. wherein the plurality of monitoring sensors includes wearable device on the user.
However, in an analogous sleep aid system field of endeavor, Viveiros discloses a sleep aid system (Viveiros in at least abstract, fig. 1, fig. 10, fig. 12-15, [0002], [0009-0010], [0013], [0019], [0025], [0028-0030], [0045], [0048], [0060-0062], [0064-0068], [0074], [0085], [0087] for example discloses relevant subject-matter. More specifically, Viveiros in abstract, fig. 12, [0009], [0019], [0028-0029], [0060-0061], [0068] for example discloses a sleep aid system. See at least Viveiros [0009] “a system and method for sleep environment management… system includes a sleep environment and a server. The sleep environment comprises a bed … one or more sleep metric sensors for detecting sleep quality of a user; one or more activity metric sensors for human activity recognition within the sleep space, … and a sleep environment controller”; [0019] “sleep environment controller adjusts the sleep environment based on the feedback”),
wherein the plurality of monitoring sensors includes wearable device on the user (Viveiros in [0029], [0061], [0065] for example discloses the plurality of monitoring sensors includes wearable device on the user. See at least Viveiros [0061] “one or more sleep metric sensors 120 including B1, B2, B3, B4, and B5 may be installed on or near the bed to detect one or more sleep metrics for determining a sleep quality of a user resting or sleeping on the bed… any data collection device, sensor, or module that detects and measures physical characteristics of the user may be used as a sleep metric sensor, even if data collection occurs while the user is awake instead of asleep…sensors may be combined with … a wearable device to detect roll-over movements during sleep…respiratory rate, oxygen saturation, and/or heart rate of the user may be monitored using a wearable pulse oximeter.”; [0065] “sleep environment 105 further comprises a sleep environment controller 140. Such a controller may communicate with some or all of the sleep metric sensors and activity metric sensors to consolidate and pre-process measured data, and further communicate with a server 150 having access to a database 160. Controller 140 may be a general purpose computing device, and it may have user input and output interfaces, as appropriate. Examples include … wearable watches”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of monitoring sensors used in the sleep aid system as taught by Anderson, by further including wearable device monitoring sensors, as taught by Viveiros. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of making the sensor wearable and thus portable/ambulatory with the user (Viveiros, [0061], [0065]).
As per dependent Claim 16, the combination of Anderson and Viveiros as a whole further discloses sleep aid system further comprising a cloud computing device connected to the computing device(Viveiros in fig. 10, [0066], [0087], [0137] for example discloses a cloud computing device connected to the computing device. See at least Viveiros [0066] “server 150 and database 160 may be located … distributively in the cloud. Server 150 may interact with sleep environment controller 140 to collect sleep metric and activity metric measurements from one or more sleeping environments… at discrete time intervals over a period of time such as overnight, over the span of a given number of hours or days, or over discontinuous intervals such as several nights”; [0087] “an artificial intelligence (AI) system for sleep environment management… sensed data may be stored, analyzed, and shared… or stored in the cloud… sensed data may be managed and analyzed using a server 1006 running one or more artificial intelligence (AI)-based algorithms to monitor sleep metric and activity metric data”).
As per dependent Claim 17, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the computing device sends data collected from the user to the cloud connected computing device, wherein the cloud computing device includes an artificial intelligence (AI) algorithm that monitors the inputs and stimuli and determines a personalized stimuli sequence for the user (Viveiros in fig. 10, [0066], [0087], [0137] for example discloses computing device sends data collected from the user to the cloud connected computing device, wherein the cloud computing device includes an artificial intelligence (AI) algorithm that monitors the inputs and stimuli and determines a personalized stimuli sequence for the user. see at least Viveiros [0066] “server 150 and database 160 may be located … distributively in the cloud. Server 150 may interact with sleep environment controller 140 to collect sleep metric and activity metric measurements from one or more sleeping environments… at discrete time intervals over a period of time such as overnight, over the span of a given number of hours or days, or over discontinuous intervals such as several nights”; [0087] “an artificial intelligence (AI) system for sleep environment management… sensed data may be stored, analyzed, and shared… or stored in the cloud… sensed data may be managed and analyzed using a server 1006 running one or more artificial intelligence (AI)-based algorithms to monitor sleep metric and activity metric data. Such AI-based algorithms may learn from the user's behaviors and recognize patterns of changes in the user's movement before, during, and after sleep…ML algorithms may be used to extract useful intelligence from the sleep metric and activity metric data automatically, without operator intervention. The ML algorithms can look for patterns or correlations in the user's sleep patterns from the sleep metric sensors based on factors within the sleep environment, such as the environmental conditions in the sleep environment, time of sleep initiation, activities performed before sleep, and so forth”).
As per dependent Claim 18, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the computing device is connected to a thermostat and the computing device is further configured to adjust the temperature based on the inputs from the plurality of monitoring sensors (Anderson in fig. 2-3, [0026], [0028-0029] and Viveiros in fig. 12-13 ,[0028-0029], [0039], [0068], [0101], [0108] for example discloses the computing device is connected to a thermostat and the computing device is further configured to adjust the temperature based on the inputs from the plurality of monitoring sensors. See at least Anderson [0026] “Sleep control center 10 also controls temperature 32 …which sets and regulates the temperature of the environment during the sleep cycle. The electronic circuits in sleep control center 10 are electrically connected to the home heating and cooling system to regulate temperature.”; [0028] “if bio monitor senses that the sleeping person's body temperature is rising, then the environmental temperature 32 can be decreased”; [0029] “Sleep control center 10 further controls other environmental systems, such … air circulation”; Viveiros [0028] “system further comprises an environmental digital logic module integrated into the sleep environment, wherein the environmental digital logic module controls one or more environmental conditions within the sleep environment, the environmental conditions comprising one of temperature and humidity,”; [0108] “dynamic scent and air purification systems may be integrated within the air circulation duct that works with the circulation system … to ensure that the hotel room smell and temperature are within the tolerances defined in the environmental digital logic module.”; Viveiros [0068] “sleep environment controller 140 as feedback information for adjusting elements of the sleep environment… if it is determined that the user has high body temperature, or rolling-over frequently in light sleep, a room temperature of the sleeping space may be lowered accordingly to help improve the user's sleep quality.”).
As per dependent Claim 19, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the one or more stimulation devices includes one or more lights configured to produce different sequence or intensity of lights for the user, and wherein the computing device is further configured to adjust the lights based on the inputs from the plurality of monitoring sensors (Anderson in at least fig. 2-3, [0024-0025], [0028] and Viveiros in at least fig. 12-13, [0010], [0029], [0060], [0074], [0101], [0107] for example discloses wherein the one or more stimulation devices includes one or more lights configured to produce different sequence or intensity of lights for the user, and wherein the computing device is further configured to adjust the lights based on the inputs from the plurality of monitoring sensors. See at least Anderson [0024] “sleep control center 10 controls lighting 30 by turning the light on and off, and setting the intensity and wavelength of light emitted…sleeping person uses light to activate their awake cycle naturally, without the stress of abrupt and excessive audible sounds.”; [0025] “sleep control center 10 controls the entire lighting system in the bedroom or throughout the home to create the desired wavelength at the selected times in the environmental environment. The electronic circuits in sleep control center 10 are electrically connected to the home lighting system to control its operation…By controlling lighting 30, sleep control center 10 creates an environment to aid with inducing sleep, maintaining continuous and restful sleep through the night, and waking up in the morning without subjecting the body to stress”; Viveiros [0029] “sleep environment further comprises one of a temperature sensor, a humidity sensor, and an air quality monitor”; [0060] “To optimize the use of such a sleep environment in helping a user prepare, transition and remain in deep sleep, an analytical approach based on a feedback cycle may be employed to adjust bed incline, air quality, temperature, lighting, noise, and other elements of sleep environment 105”; [0107] “dynamic lighting system 1211 receives inputs from environmental digital logic module 1203 based on pre-programmed software to adjust the brightness and colour of the lighting in the room to help stimulate a positive mood of the user. For example, once environmental digital logic module 1203 notices that a user walks into the room, the lightning system may start a program to implement a series of dazzling lighting effects, and then dim the lighting whenever environmental digital logic module 1203 notices that the user has entered the bed.”).
As per dependent Claim 20, the combination of Anderson and Viveiros as a whole further discloses sleep aid system wherein the one or more stimulation devices includes a speaker configured to emit sounds, and wherein the computing device is further configured to adjust audio output from the speaker based on the inputs from the plurality of monitoring sensors (Anderson in at least fig. 2-3, [0027] and Viveiros in fig. 12-13, [0029-0030], [0060], [0074], [0085], [0105] for example discloses wherein the one or more stimulation devices includes a speaker configured to emit sounds, and wherein the computing device is further configured to adjust audio output from the speaker based on the inputs from the plurality of monitoring sensors. See at least Anderson [0027] “Sleep control center 10 can activate audio/video equipment 34 … electronic circuits in sleep control center 10 are electrically connected to audio/video equipment 34 to control its operation. The audio/video equipment provides sounds and visual images to induce sleep, maintain sleep, and minimize stress when waking up… ocean sounds to induce sleep”; see Viveiros [0030] “system further comprises a sound machine for generating a sound selected from the group consisting of a white noise, a sound masking noise, a music, a radio broadcast, an audio reading, and a noise cancellation”; [0060] “o optimize the use of such a sleep environment in helping a user prepare, transition and remain in deep sleep, an analytical approach based on a feedback cycle may be employed to adjust bed incline, air quality, temperature, lighting, noise, and other elements of sleep environment 105”; [0105] “sleep environment further comprises dynamic audio system 1205 having a set of speakers' … hidden microphones, and a receiver. The environmental digital logic module 1203 connects to the receiver to control which sounds are to be produced based on a set of predefined logic assigned in the software. The microphone provides digital logic module 1203 information to make audio settings adjustments and provide audio systems performance updates to signal that the sounds produced is within a set of predefined tolerances. This microphone may also help indicate data from other systems. For example, if an air circulation fan's ball bearing wear out and produced a loud noise, the microphone may signal to digital logic module 1203 that a strange sound outside of the tolerance range should be examined”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20180359112 A1 to Lee et al. for disclosing control device for enhancing sleep quality of a user similar to that disclosed and claimed. More specifically, Lee discloses apparatus and a method for controlling a home device using biometric information. The method includes determining a reference sleep pattern among a plurality of sleep patterns based on sleep time information of a user or basic information of the user, analyzing a sleep state of the user based on biometric information of the user, comparing the reference sleep pattern with the sleep state, determining a sleep environmental condition when the reference sleep pattern is different from the sleep state, and controlling the home device based on the determined sleep environmental condition.
Prior art US 20200345969 A1 to Choi et al. for disclosing a hub of intelligent Internet of Things (IoT) for light therapy and a light therapy method based on IoT and a method of performing light therapy based on monitoring a user's sleep time in real time similar to that disclosed and claimed. More specifically, Choi discloses hub of intelligent Internet of Things (IoT) for performing a light therapy using light irradiated by a light output device. The hub of intelligent IoT includes a sleep disorder reading unit determining whether a sleep disorder has occurred based on sleep pattern information; a control signal generator generating a control signal for controlling the light output device when it is determined that the sleep disorder has occurred; and a communication interface unit providing the control signal to the light output device. At least one device implementing the method of providing the intelligent voice recognition model may be associated with an artificial intelligence module, a unmanned aerial vehicle (UAV), a robot, an augmented reality (AR) device, a virtual reality (VR) device, devices related to 5G services, and the like.
Prior art US 20130234823 A1 to Kahn et al. for disclosing sleep for improving the sleep experience similar to that disclosed. More specifically, Kahn discloses sleep sensing system comprising a sensor to obtain real-time information about a user, a sleep state logic to determine the user's current sleep state based on the real-time information. The system further comprising a sleep stage selector to select an optimal next sleep state for the user, and a sound output system to output sounds to guide the user from the current sleep state to the optimal next sleep state.
Prior art US 20160082222 A1 to Garcia et al. for disclosing a system and method for managing a current sleep session of a subject via one or more sensory stimulators similar to that disclosed. More specifically, Garcia discloses a system configured to provide sensory stimuli to a subject at a first intensity level, determine the effectiveness of the provided sensory stimuli, and incrementally increase the intensity level of the sensory stimuli based on the determined effectiveness. The effectiveness determination and the corresponding intensity increase are repeated one or more times during a given slow wave sleep episode.
Prior art US 20190217048 A1 to Mlodyszewski et al. for disclosing a sleep-aid device configured to provide audiovisual and audio content to a user to aid falling asleep, staying asleep, and waking up similar to that disclosed. The sleep-aid device may be configured to predict a state of sleep based on signals representative of biological activity during sleep. The sleep-aid device may play audio content based on the predicted state of sleep. The sleep-aid device may include biological activity sensors configured to sense biological activity and communicate a signal representative of the biological activity. The sleep-aid device may control and continually optimize volume, length, frequency, and other playback parameters in response to increasing data regarding a single sleep session and/or a group of sleep sessions.
Prior art US 20240292959 A1 to Demirli et al. discloses an automated system that improves the technology of sleep environments by automated processes of environment sensing and control similar to that disclosed. Many sleep environments can be monitored for many days, allowing for great breadth and depth of data that can be used to create models of ideal or improved environments for sleeping. These high-quality models may then be used to provide users with comprehensible and easy-to-understand recommendations to improve their sleeping environment. In addition or in the alternative, instructions for automated adjustments to the user's sleep environment can be made in order to facilitate a better sleep experience. In some implementations, these adjustments can be made without specific inputs by a user, allowing for seamless improvements even when the user is already asleep.
Prior art US 20130190556 A1 to Wetmore et al. for disclosing devices, systems and methods for interfacing computerized platforms to enhance human experience during sleep similar to that disclosed. More specifically, Wetmore discloses devices, systems and methods to that include delivering a sensory stimulus paired with learned material at opportune physiological periods during sleep.
Prior art S 20110295083 A1 to Doelling et al. for disclosing systems, and methods for helping individuals experiencing sleep disorders achieve deep, restorative sleep similar to that disclosed. Doelling discloses therapeutic systems and methods that help an individual with a sleep disorders achieve deep, restorative sleep. The systems and methods include component that serve complementary sensing, monitoring, and corrective functions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791