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 .
Election/Restrictions
Claims 9-16 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 13 July 2026.
Applicant's election with traverse of an apparatus for monitoring sleep quality in the reply filed on 13 July 2026 is acknowledged. The traversal is on the ground(s) that applicant asserts that the search and examination of all the claims can be made without serious burden to the examiner. This is not found persuasive because Claims 1-8 & 17-20 are directed towards an apparatus while claims 9-16 are directed towards a method which require distinct fields of search.
The requirement is still deemed proper and is therefore made FINAL.
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 (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 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) 1-3, 6, & 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0099116 hereinafter Ashby.
In regards to claim 1: An apparatus for monitoring sleep quality comprising:
a plurality of sensor modules (Ashby, Paragraphs 97 & 98; “each of the sensors used to determine a characteristic about the user's sleep does not have to be of the same type of sensor. For example, a sensor can be dedicated to determining the user's pulse, another sensor for determining the respiration rate, another sensor for determining muscle contractions, another sensor to detected brain waves, another sensor detecting other types of sleep characteristics, or combination thereof”);
a plurality of actuator modules (Ashby, Paragraphs 48 & 49; “FIG. 3 illustrates a top view of an example haptic device 300 in accordance with the present disclosure. In this example, a haptic actuator 302 provides haptic input to a user”);
a transceiver (Ashby, Paragraph 61 & 100; “the communications interface 522 includes a transceiver for wired and/or wireless communications”);
a processor operatively coupled with the plurality of sensor modules, the plurality of actuator modules, and the transceiver (Ashby, Paragraph 55; Figure 5 Item 502; “Processing resources 502 include at least one processor and other resources used to process the programmed instructions”), the processor configured to:
monitor a sleep session of a user utilizing the apparatus, wherein to monitor the sleep session (Ashby, Paragraphs 4 & 35; “FIG. 1 depicts a perspective view of an example a system 100 for monitoring and controlling sleep incorporated into a bed 102”) the processor is further configured to:
monitor a sleep state of the user (Ashby, Paragraph 58; “Thus, the brain monitor 530 can be used to determine the sleep cycle that the user is currently experiencing”),
monitor a sleep stage of the user (Ashby, Paragraph 59; “The accelerometer 532 can be used to determine whether the user is moving in his or her sleep. Such information can assist the adjustment system 100 in determining whether the user is in a deep sleep, REM sleep, an initial cycle of sleep, and so forth. Such information can be used to determine the appropriate target heart rate for the user based in part on the user's current sleep stage”), and
monitor a sleep condition (Ashby, Paragraph 4 & 40; “the adjustment system 100 automatically activates in response to detecting a heart rate during certain time periods, such as the night time or evening”);
select a sleep facilitating action (Ashby, Paragraph 37; “the processor can cause the haptic device 116 to provide haptic input to the user”);
control the sleep facilitating action based on the monitoring (Ashby, Paragraph 35; “FIG. 1 depicts a perspective view of an example a system 100 for monitoring and controlling sleep incorporated into a bed 102”);
collect data related to the sleep session, wherein the data includes:
feedback collected from the user at an end of the sleep session (Ashby, Paragraph 64; “communication interface”), and
data collected from the monitoring of the sleep session (Ashby, Paragraph 101; “performing calculations and other forms of interpreting the data collected by the sensors with the activity information device”); and
update a sleep history database associated with the user based on the data related to the sleep session (Ashby, Paragraph 93; “Such a wireless device can be in communication with a remote device that has information about the user's sleeping habits, sleep history, personal information, other types of information, or combinations thereof that can be useful in determining where the user's heart can be to induce sleep, induce a particular stage of sleep, wake the user, or combinations thereof”).
In regards to claim 2: The apparatus of claim 1, wherein to select the sleep facilitating action the processor is further configured to:
receive information related to a plurality of sleep facilitating actions (Ashby, Paragraph 93; “the electrode and/or haptic input device are incorporated into an article of clothing such as a garment. The garment can include at least one sensor, such as a sensor that is incorporated into the garment's fabric”);
receive information from the sleep history database (Ashby, Paragraph 93; “Such a wireless device can be in communication with a remote device that has information about the user's sleeping habits, sleep history, personal information, other types of information, or combinations thereof that can be useful in determining where the user's heart can be to induce sleep, induce a particular stage of sleep, wake the user, or combinations thereof”); and
determine whether to modify at least one sleep facilitating action based on information received from the sleep history database (Ashby, Paragraph 69; In some examples, the beats of the intermediary haptic input can be adjusted. In other examples, the increment times where the intermediary haptic input is produced can be adjusted by the feedback generator to increase the effectiveness of the adjustment system 100”).
In regards to Claim 3: The apparatus of claim 1, wherein to control the sleep facilitating action, the processor is further configured to:
determine whether the sleep state of the user has changed for longer than a threshold time (Ashby, Paragraph 79 & 80; the present disclosure can provide the user with system for assisting the user with sleeping and/or waking. Such a system can determine the user's natural or current heart rate with a heart rate monitor”); and
enable or disable the sleep facilitating action based on the sleep state of the user changing for longer than the threshold time (Ashby, Paragraphs 79 & 80; “The system can know or otherwise calculate a target heart rate to assist the user with sleeping and/or waking. Such a target heart rate can be used to assist the user with falling asleep, staying asleep, or waking from sleep. Haptic input that adjusts the user's heart to arrive at the target heart rate can be provided to the user”).
In regards to Claim 6: The apparatus of claim 1, wherein to control the sleep facilitating action, the processor is further configured to:
determine the sleep stage of the user (Ashby, Paragraph 58; “Thus, the brain monitor 530 can be used to determine the sleep cycle that the user is currently experiencing”); and
enable or disable the sleep facilitating action based on the sleep stage of the user (Ashby, Paragraph 37; “a haptic device 116 is incorporated into the bed 102, and the processor can cause the haptic device 116 to provide haptic input to the user. In such an example, the haptic input can have the effect of causing the user's heart rate to slow down or speed up to the same level as the target heart rate”).
In regards to Claim 17: A non-transitory computer readable medium embodying a computer program, the computer program comprising program code that, when executed by a processor of a device (Ashby, Paragraph 62), causes the device to:
monitor a sleep session of a user utilizing the apparatus, wherein to monitor the sleep session (Ashby, Paragraphs 4 & 35; “FIG. 1 depicts a perspective view of an example a system 100 for monitoring and controlling sleep incorporated into a bed 102”) the processor is further configured to:
monitor a sleep state of the user (Ashby, Paragraph 58; “Thus, the brain monitor 530 can be used to determine the sleep cycle that the user is currently experiencing”),
monitor a sleep stage of the user (Ashby, Paragraph 59; “The accelerometer 532 can be used to determine whether the user is moving in his or her sleep. Such information can assist the adjustment system 100 in determining whether the user is in a deep sleep, REM sleep, an initial cycle of sleep, and so forth. Such information can be used to determine the appropriate target heart rate for the user based in part on the user's current sleep stage”), and
monitor a sleep condition (Ashby, Paragraph 4 & 40; “the adjustment system 100 automatically activates in response to detecting a heart rate during certain time periods, such as the night time or evening”);
select a sleep facilitating action (Ashby, Paragraph 37; “the processor can cause the haptic device 116 to provide haptic input to the user”);
control the sleep facilitating action based on the monitoring (Ashby, Paragraph 35; “FIG. 1 depicts a perspective view of an example a system 100 for monitoring and controlling sleep incorporated into a bed 102”);
collect data related to the sleep session, wherein the data includes:
feedback collected from the user at an end of the sleep session (Ashby, Paragraph 64; “communication interface”), and
data collected from the monitoring of the sleep session (Ashby, Paragraph 101; “performing calculations and other forms of interpreting the data collected by the sensors with the activity information device”); and
update a sleep history database associated with the user based on the data related to the sleep session (Ashby, Paragraph 93; “Such a wireless device can be in communication with a remote device that has information about the user's sleeping habits, sleep history, personal information, other types of information, or combinations thereof that can be useful in determining where the user's heart can be to induce sleep, induce a particular stage of sleep, wake the user, or combinations thereof”).
In regards to Claim 18: The non-transitory computer readable medium of claim 17, wherein to select the sleep facilitating action, the computer program further comprises computer readable program code that when executed causes at least one processing device to:
receive information related to a plurality of sleep facilitating actions (Ashby, Paragraph 93; “the electrode and/or haptic input device are incorporated into an article of clothing such as a garment. The garment can include at least one sensor, such as a sensor that is incorporated into the garment's fabric”);
receive information from the sleep history database (Ashby, Paragraph 93; “Such a wireless device can be in communication with a remote device that has information about the user's sleeping habits, sleep history, personal information, other types of information, or combinations thereof that can be useful in determining where the user's heart can be to induce sleep, induce a particular stage of sleep, wake the user, or combinations thereof”); and
determine whether to modify at least one sleep facilitating action based on information received from the sleep history database (Ashby, Paragraph 69; In some examples, the beats of the intermediary haptic input can be adjusted. In other examples, the increment times where the intermediary haptic input is produced can be adjusted by the feedback generator to increase the effectiveness of the adjustment system 100”).
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.
Claim(s) 4 & 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0099116 hereinafter Ashby in view of US 2014/0277822 hereinafter Nunn.
In regards to Claim 4: Ashby teaches all of claim 1, but does not teach wherein to control the sleep facilitating action, the processor is further configured to: detect an undesired sleep condition; and enable or disable the sleep facilitating action based on detecting the undesired sleep condition.
Nunn teaches wherein to control the sleep facilitating action, the processor is further configured to: detect an undesired sleep condition (Nunn, Paragraph 48); and enable or disable the sleep facilitating action based on detecting the undesired sleep condition (Nunn, Paragraph 48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the detecting a sleep condition and responding to said sleep condition taught in Nunn to the device of Ashby, the motivation being to provide a to keep the user in optimal sleeping temperatures.
In regards to Claim 5: A modified Ashby teaches all of claims 1, 4, and wherein the processor is further configured to: determine whether the detected undesired sleep condition has persisted longer than a threshold time (Nunn, Paragraph 48); and enable or disable a second sleep facilitating action based on determining that the undesired sleep condition has persisted longer than the threshold time (Nunn, Paragraph 48).
Claim(s) 7 & 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0099116 hereinafter Ashby in view of US 2020/0219615 hereinafter Rabin.
In regards to Claim 7: Ashby teaches all of claim 1 and determining that the sleep session has ended (Ashby, Paragraph 25), but does not teach wherein the processor is further configured to: perform an analysis of the sleep session based on the collected data; and provide feedback to the user based on the analysis.
Rabin teaches wherein the processor is further configured to: perform an analysis of the sleep session based on the collected data (Rabin, Paragraph 53; “measure and track epigenetic changes as a result of treatment, or the like”); and provide feedback to the user based on the analysis (Rabin, Paragraph 53; “provide visual feedback to a user of a state and/or a treatment protocol to facilitate entry into a state”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the analysis and feedback provided to the user taught in Rabin to the device of Ashby, the motivation being to provide visual feedback to a user of a state and/or a treatment protocol to facilitate entry into a state.
In regards to Claim 19: Ashby teaches all of claim 17 and determining that the sleep session has ended (Ashby, Paragraph 25), but does not teach wherein the processor is further configured to: perform an analysis of the sleep session based on the collected data; and provide feedback to the user based on the analysis.
Rabin teaches wherein the processor is further configured to: perform an analysis of the sleep session based on the collected data (Rabin, Paragraph 53); and provide feedback to the user based on the analysis (Rabin, Paragraph 53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the analysis and feedback provided to the user taught in Rabin to the device of Ashby, the motivation being to provide visual feedback to a user of a state and/or a treatment protocol to facilitate entry into a state.
Claim(s) 8 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0099116 hereinafter Ashby in view of US 2016/0022218 hereinafter Hayes.
In regards to Claim 8: Ashby teaches all of claim 1 and wherein the processor is further configured to: detect a sleep condition related to the user (Ashby, Paragraph 57); based on the detection of the sleep condition, determine whether the predicted sleep stage is accurate (Ashby, Paragraph 68; Examiner interprets the sleep stage to be check against the target heart rates for said predicted sleep stage; and collect data related to the detected sleep condition and the predicted sleep stage based on an accuracy of the predicted sleep stage (Ashby, Paragraph 57). However Ashby does not teach wherein the processor is further configured to: predict a sleep stage of the user.
Hayes teaches wherein the processor is further configured to: predict a sleep stage of the user (Hayes, Paragraph 256).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the prediction of the sleep stage taught in Hayes to the device of Ashby, the motivation being to adjust his or her schedule, diagnosis, and/or treatment so as to improve the quality of the care delivered to that patient.
In regards to Claim 20: Ashby teaches all of claim 17, and detecting a sleep condition related to the user (Ashby, Paragraph 57); based on the detection of the sleep condition, determine whether the predicted sleep stage is accurate (Ashby, Paragraph 68; Examiner interprets the sleep stage to be check against the target heart rates for said predicted sleep stage; and collect data related to the detected sleep condition and the predicted sleep stage based on an accuracy of the predicted sleep stage (Ashby, Paragraph 57). However Ashby does not teach wherein the processor is further configured to: predict a sleep stage of the user.
Hayes teaches wherein the processor is further configured to: predict a sleep stage of the user (Hayes, Paragraph 256).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the prediction of the sleep stage taught in Hayes to the device of Ashby, the motivation being to adjust his or her schedule, diagnosis, and/or treatment so as to improve the quality of the care delivered to that patient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOE R DIETZ whose telephone number is (571)272-1135. The examiner can normally be reached Mon-Fri 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at (571)-272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.R.D./Patent Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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