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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/19/2023, 7/5/2023, and 12/6/2024 is being considered by the examiner.
Specification
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 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: “output module” in claim 8.
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.
Based on Applicant’s specification, an output module is a display module such display screens, projectors, or hologram devices; an audio module such as speakers, and/or a haptic module such as devices that change electrical signals to electrical or mechanical stimuli (paragraphs 62, 182, 188, 190, and 195; figures 1, 9A-C, and 10).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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.
Claims 1 and 11 recite the term “abnormal rapid eye movement (REM) sleep event”. It is not clear what distinguishes an “abnormal” REM event from a “normal” REM event.
Claims 1 and 11 recite the terms “unit sleep session” and “full sleep session”. It is not clear what is meant by “unit” and “full” in this context (e.g. A minimum sleep length, uninterrupted sleep, etc.).
Claims 2-10 and 12-20 inherit the deficiencies of claims 1 or 11 and are likewise rejected.
Claim 9 recites the limitation “a full sleep session” in line 3. It is not clear if this is a new instance or refers to the “full sleep session” in lines 10-11 of claim 1.
Claim 19 recites the limitation “a full sleep session” in line 2. It is not clear if this is a new instance or refers to the “full sleep session” in line 4 of claim 11.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 2009/0198145 (Chow).
In regards to claim 1, Chow discloses an electronic device (see claim 65: it is implicit that the processor is provided in a device) comprising:
a communication circuit (claim 65: "processor in communication with the monitoring device"; this implies a communication circuit);
a memory (implicit: the processor has been preprogrammed, i.e. the program code stored in a memory, [0193]); and
at least one processor (claim 65; [0178]) operatively connected to the communication circuit and the memory,
wherein the memory stores instructions which, when executed, cause the at least one processor to acquire real-time sleep data (see [0014], [0193]: continuously maintaining REM sleep by using pharmacological induction: this implies real-time data acquisition and analysis) of a user with regard to a unit sleep session (this term is unclear; Chow discloses analysis of a period of time, e.g a one hour period, [0181]; such a one hour period may be considered a unit of a sleep session),
detect an abnormal rapid eye movement (REM) sleep event based on the real-time sleep data and the user's previous sleep data with regard to a full sleep session (the term "abnormal" is unclear, see 1.1 above; D1 identifies "categories of REM activity or REM profiles", [0182]; one activity/profile may be denoted a normal activity/profile, another may be denoted abnormal activity/profile; the "REM Index" in which the REM profiles are stored, see [0182], may be denoted a "full" sleep session), and
provide a user ([0182] "via an alarm") interface based on designated action information in response to the abnormal REM sleep event.
In regards to claim 11, Chow discloses a method (claim 120) for operating an electronic device, the method comprising:
acquiring real-time sleep data (see [0014) of a user with regard to a unit sleep session ([0181]);
detecting an abnormal rapid eye movement (REM) sleep event based on the real-time sleep data and the user's previous sleep data with regard to a full sleep session ([0182]); and
providing a user interface based on designated action information in response to the abnormal REM sleep event ([0182]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2015-0099430A (Cheong et al., hereinafter Cheong) in view of KR 10-2014-0039452A (Jin et al., hereinafter Jin) in view of US 2008/0234785 (Nakayama et al., hereinafter Nakayama).
With respect to claims 1 and 11, Cheong discloses an electronic device that performs a method (paragraphs [0001]-[2036]) comprising:
at least one sensor; and
a processor for acquiring bio-information of a user by using the at least one sensor or a communication module of the electronic device (which would require a communication circuit), determining at least one service associated with the bio-information among the plurality of services supported by the electronic device, and providing the determined at least one service (see claim 1), wherein a sleep sensor stores at least one sleep state pattern per user, and determines the sleep state on the basis of the similarity between a measured biosignal and a pre-stored sleep state pattern (see paragraph [0276]), and user association information associated with the bio-information among the pieces of user association information pre-stored in the electronic device is determined, and the at least one service corresponding to the determined user association information and the bio-information is determined from among the plurality of services supported by the electronic device (see claim 8). Cheong describes the presence of display device (13) with a physical user interface (see figures 11-13) having an input/output interface 140 that obtains data from a user.
Claims 1 and 11 differ from Cheong in that claim 1 sets forth an electronic device for storing instructions for sensing an abnormal REM sleep event on the basis of real-time sleep data (difference 1) and the user's previous sleep data with regard to a full sleep session, and providing a user interface on the basis of designated action information in response to the abnormal REM sleep event (difference 2). In a related area, Jin discloses a sleep management service capable of inducing deep sleep and wake-up and controlling the desired sleep of a user by measuring sleep-related bio-information, and providing sleep management and map by monitoring a sleep state in real time, the sleep management service measuring photoplethysmography and eye movements in real time so as to analyze a sleep stage, and applying audiovisual stimulation so as to induce a bio feedback-based deep sleep and wake-up (see paragraph [0001]). Due to the 112 issues of the claim, Jin would meet this limitation. Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention, to modify the device of Cheong to measure sleep-related bio-information, provide sleep management, and map by monitoring a sleep state in real time by measuring photoplethysmography and eye movements in real time, as taught by Jin, so as to analyze a sleep stage, and applying audiovisual stimulation so as to induce a bio feedback-based deep sleep and wake-up.
Cheong and Jin do not teach storing of the user's previous sleep data with regard to a full sleep session, and providing a user interface on the basis of designated action information in response to the abnormal REM sleep event. In a related area, Nakayama teaches a sleep controlling apparatus (see paragraphs [0009]-[0115]; ) comprising: a measuring means (sensor head 20) for measuring bio-information of a subject; a first detecting means for detecting whether the subject is in a falling asleep state, a REM sleep state, a light non-REM sleep state or a deep non-REM sleep state, on the basis of the bio-information; a first stimulating means for applying, to the subject, a first stimulus of an intensity lower than a minimum physical quantity that causes a predetermined reaction to occur, when the first detecting means detects a light non-REM sleep state; and a second stimulating means for applying, to the subject, a second stimulus of an intensity stronger than that of the first stimulus, after the first stimulating means applies the first stimulus (see claim 1). Nakayama also shows the presence of an input (102) that received input from the subject and a display unit (104), which together can be considered as a user interface (paragraphs [0033]-[0034]). Nakayama states that this enables a subject to wake up at a timing at which the subject can wake up refreshed (paragraphs [0032], [0057], [0062], [0101], and [0108]). Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention to modify the device of Cheong and Jin to store the user's previous sleep data with regard to a full sleep session, and provide a user interface on the basis of designated action information in response to the abnormal REM sleep event as taught by Nakayama in order to enable a subject to wake up at a timing at which the subject can wake up comfortably.
In regards to claims 2 and 12, Cheong, Jin, and Nakayama disclose the limitations of claims 1 and 11. In addition, as noted by Nakayama in the rejection of claim 1 above, the first detecting means detects whether the subject is in a falling asleep state, a REM sleep state, a light non-REM sleep state or a deep non-REM sleep state (see claim 1), which would require the detection of the time entering a first REM sleep stage or duration of the REM sleep stage.
In regards to claims 3-4 and 13-14, Cheong, Jin, and Nakayama disclose the limitations of claims 1 and 11. In addition, Cheong shows wherein a sleep sensor stores at least one sleep state pattern per user (data regarding user’s past sleep activity), and determines the sleep state on the basis of the similarity between a measured biosignal and a pre-stored sleep state pattern (see paragraph [0276]), which can be considered as identification of personalized boundary information, determination whether a pattern of REM is an abnormal pattern, and the process of detecting the abnormal sleep pattern.
In regards to claims 5 and 15, Cheong, Jin, and Nakayama disclose the limitations of claims 1 and 11. In addition, Cheong shows the calculating one or more of LF, HF, and LF/HF from the PSD obtained by analyzing a heart rate variability (HRV) signal (see paragraph [0525]), which is a cardiac activity signal.
In regards to claims 6 and 16, Cheong, Jin, and Nakayama disclose the limitations of claims 1 and 11. In addition, Cheong shows wherein the determined at least one service includes at least one of a variation in user interfaces (for example, a visual interface such as a graphical user interface (GUI), an auditory interface such as a voice guidance, a tactile interface such as a haptic feedback or the like), user authentication, exercise coaching, information recommendation, information provision, information storage, provision of function or service, preset content, restriction or blocking access to a function or service, variation in the settings of the electronic device, and control of an external device (see paragraph [0312]). This would meet the claimed action information as these can be considered as alarm output, vibration output, lighting control, or audio reproduction.
In regards to claims 7 and 17, Cheong, Jin, and Nakayama disclose the limitations of claims 1 and 11. In addition, Cheong shows wherein in case the user stays up late although an alarm is set on the basis of the analysis of the user's pattern and sensor information, the electronic device induces the user to naturally go to bed by reminding the user of the setting of the wakeup alarm (see paragraph [0998]).
In regards to claims 8 and 18, Cheong, Jin, and Nakayama disclose the limitations of claims 1 and 11. In addition, Cheong shows the operations of: determining a service that can be provided to the user from the electronic device on the basis of the bio-information; and providing the service to the user by using the external devices (see paragraph [0043]). Note that Cheong mentions several wireless communication methods used for communication to external electronic devices including short-range wireless methods such as Bluetooth and near field communication and is used to provide information from and output information to the external electronic device.
In regards to claims 9 and 19, Cheong, Jin, and Nakayama disclose the limitations of claims 1 and 11. Cheong discloses the presence of a server (106) that receives the sleep data from the electronic device, which meets the transmission of data through the communication circuit to a server. In addition, Nakayama shows a first detecting means for detecting whether the subject is in a falling asleep state, a REM sleep state, a light non-REM sleep state or a deep non-REM sleep state, on the basis of the bio-information (the obtaining of real time sleep data); and a first stimulating means for applying, to the subject, a first stimulus of an intensity lower than a minimum physical quantity that causes a predetermined reaction to occur, when the first detecting means detects a light non-REM sleep state (see claim 1). Nakayama further discloses the presence of multiple sleep sessions (cycle frames) when acquiring real-time sleep data. Nakayama states that this enables a subject to wake up at a timing at which the subject can wake up refreshed (paragraphs [0032], [0057], [0062], [0101], and [0108]). Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention to modify the device of Cheong, Jin, and Nakayama to obtain real-time sleep data with regard the full sleep session from multiple sessions as taught by Nakayama in order to enable a subject to wake up at a timing at which the subject can wake up comfortably.
In regards to claims 10 and 20, Cheong, Jin, and Nakayama disclose the limitations of claims 1 and 11. In addition, Cheong shows wherein the electronic device may include one or more sensors, and provides various services using information gathered through the various sensors (see paragraph [0004]), which meets the limitation of the claim as the sensors collect biometric information such as heart rate, respiration rate and blood pressure and motion signals taken from a gyro sensor or accelerometer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DARYL DEANON LANNU whose telephone number is (571)270-1986. The examiner can normally be reached Monday-Thursday 8 AM - 5 PM, Friday 8 AM -12 PM.
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/JOSHUA DARYL D LANNU/Examiner, Art Unit 3791
/CARRIE R DORNA/Primary Examiner, Art Unit 3791