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 .
Response to Preliminary Amendment
This Office Action is responsive to the preliminary amendment filed 11 October 2023. As per the amendment: claims 4-7 have been cancelled, claims 1-3 and 8-12 have been amended, and no claims are added. Thus, claims 1-3 and 8-12 are presently pending and under examination.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 10/11/2023 and 04/30/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 11-12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites “a second user electronic device” in lines 18-19 and “a second user electronic device” line 20. It is unclear whether this is referring to the same second user electronic device or different devices. For examination purposes, Examiner will interpret the devices to be the same. Claim 12 is rejected by virtue of its dependency on claim 11.
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) 1-3 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2019/0069839 A1), hereinafter Park in view of Pituch (US 2018/0344240 A1), hereinafter Pituch.
Regarding claim 1, Park teaches a method comprising ([0002] “The present disclosure is a sleep management method, and more particularly, to a sleep management method that obtains sleep information of a user in a non-contact manner.”):
providing a first user electronic device associated with a first user (Figure 3: a user terminal 200), the first user electronic device comprising a processor (Figure 6: a terminal controller 210: processor 211 ), a memory (Figure 6: a terminal controller 210: a memory 213) and a communicator (Figure 6: terminal communicator 230), the memory storing instructions that are executable by the processor ([0150] “The terminal controller 210 may include a memory 213 configured to store and/or recall programs and data, and a processor 211 configured to process data according to the program stored in the memory 213”);
communicatively coupling, via the communicator, the first user electronic device to a sleep monitoring device (sleep data acquisition apparatus 100, [0070]-[0072] “the sleep data acquisition apparatus 100 may transmit the sleep data SD of the user to the user terminal 200…the sleep data acquisition apparatus 100 may transmit pieces of sleep data SD generated every predetermined time interval to the user terminal 200 in a wireless manner”, [0143] “The terminal communicator 230 may transmit and/or receive data to and/or from the sleep data acquisition apparatus 100 and the sleep management server SV, which have been described above. In addition, the terminal communicator 230 may transmit and/or receive data to and/or from other user terminals 200.”) arranged to measure sleep data for the first user ([0069] “sleep data acquisition apparatus 100 configured to obtain sleep-related data SD (hereinafter referred to as sleep data) of a user”);
receiving, via the communicator, sleep data for the first user from the sleep monitoring device ([0143] “The terminal communicator 230 may transmit and/or receive data to and/or from the sleep data acquisition apparatus 100 and the sleep management server SV, which have been described above. In addition, the terminal communicator 230 may transmit and/or receive data to and/or from other user terminals 200.”);
determining, by the processor from the sleep data, a sleep metric comprising one or both of a sleep state of the first user ([0169]-[0171] “The user terminal 200 of the sleep management system 1 may directly determine the sleep state SS of the user on the basis of the sleep data SD of the user, or may transmit the sleep data SD to the sleep management server SV and receive the sleep state SS from the sleep management server SV.”) and a sleep disturbance score of the first user ([0366]-[0369] “The user terminal 200 or the sleep management server SV of the sleep management system 1 may determine a sleep abnormality of the user on the basis of the sleep data SD and the sleep state SS of the user.”, [0012] “The sleep management method may further include calculating a sleep score of the user on the basis of the sleep information of the user.”, [0201]);
determining by the processor that the sleep metric exceeds a threshold; wherein the sleep metric exceeds the threshold if one or both of the sleep state indicates that the first user was awake beyond a threshold time and the sleep disturbance score for the first user is greater than a threshold sleep disturbance score ([0370] “when a sleep score of the user is significantly lower than an average sleep score, the number of times the user wakes up while sleeping is significantly large, or when the a wake-up time of the user is irregular, the user terminal 200 or the sleep management server SV may determine that the user has a sleep disorder.”, Examiner interprets the average sleep score to be the threshold.);
generating, by the processor, a notification indicating that the sleep metric exceeds the threshold ([0372] “Also, when an abnormality is detected during the user's sleep (yes in 1430), the sleep management system 1 transmits a sleep abnormality message to the user to a sharer or a home appliance that is set by the user (1440).”);
controlling, by the processor, the communicator to transmit the notification to a second user electronic device associated with a second user ([0372], [0380] “the user terminal 200 or the sleep management server SV may transmit a message indicating a sleep disorder of the user to the sharer according to identification information of the sharer or identification information of the user terminal of the sharer that is input by the user.”, [0143] “In addition, the terminal communicator 230 may transmit and/or receive data to and/or from other user terminals 200.”);
providing the second user electronic device associated with the second user ([0379] “a user terminal 200a of the sharer”);
receiving, by the second user electronic device, the notification from the first user electronic device ([0386] “When the sleep abnormality message is received, the user terminal 200a of the sharer may display the sleep abnormality message of the user.”).
Park fails to disclose generating, by the second user electronic device, a prompt to the second user based on the notification, wherein the prompt indicated that the second user should not disturb the first user.
However, Pituch teaches a sleep monitoring and disturbance mitigation system wherein the method comprises: generating, by the second user electronic device, a prompt to the second user based on the notification, wherein the prompt indicated that the user should not disturb the first user ([0004]-[0005] “generate, based at least partially on the real-time sleep data and sleep status, a sleep disturbance priority and a sleep disturbance message comprising data indicative of the sleep status and the sleep disturbance priority; and to display the sleep disturbance priority message on a display located remotely from the sleep status monitoring apparatus… the remote receiving station may be configured to generate a sleep disturbance message comprising data capable of conveying at least one of the user actions of: (a) do not disturb the subject except for top priority disturbance events;”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Park to incorporate the teachings of Pituch to have the method further comprise of: generating, by the second user electronic device, a prompt to the second user based on the notification, wherein the prompt indicated that the user should not disturb the first user, as these prior art references and the instant application are directed to sleep management methods and devices. One would be motivated to do this enhance the sleep quality and minimize disturbance from external sources.
Regarding claim 2, Park in view of Pituch discloses the method of claim 1 (as shown above). Park further discloses the method further comprising: providing the sleep monitoring device (the sleep data acquisition apparatus 100, [0085] “As shown in FIG. 3, the sleep data acquisition apparatus 100 may be placed near a user U who is lying on a bed B. For example, as shown in FIG. 3, the sleep data acquisition apparatus 100 may be placed under the bed B of the user U.”); measuring, by the sleep monitoring device, the sleep data for the first user ([0070]-[0071] “The sleep data acquisition apparatus 100 may collect the sleep data SD of the user while the user is sleeping, falling asleep, or waking up…the sleep data acquisition apparatus 100 may detect a heart rate, respiration rate, and movement of the user and generate sleep data SD corresponding to the user's heart rate, respiration rate, and movement.”); and transmitting, by the sleep monitoring device, the sleep data to the first user electronic device ([0070] “the sleep data acquisition apparatus 100 may transmit the sleep data SD of the user to the user terminal 200.”, [0072] “the sleep data acquisition apparatus 100 may transmit pieces of sleep data SD generated every predetermined time interval to the user terminal 200 in a wireless manner”).
Regarding claim 3, Park in view of Pituch teaches the method of claim 1 (as shown above). Although Park discloses “the user terminal 200a of the sharer may display the sleep abnormality message of the user.” ([0386]), Park fails to explicitly disclose wherein generating the prompt comprises displaying the prompt on a display of the second user electronic device.
However, Pituch teaches wherein generating the prompt comprises displaying the prompt on a display of the second user electronic device ([0009] “display the sleep disturbance message on a display located remotely from the sleep status monitoring apparatus.”, [0026] “Receiving station 210h may be a portable or mobile device, such as tablet computer, smart phone, or smart watch, having a display 230h that can accompany medical personnel P1 regardless of P1's location.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Park to incorporate the teachings of Pituch to have generating the prompt comprise displaying the prompt on a display of the second user electronic device, as these prior art references and the instant application are directed to sleep management method and devices. One would be motivated to do this minimize disturbance of sleep of a subject, as recognized by Pituch ([0001]).
Regarding claim 8, Park in view of Pituch teaches method of claim 1 (as shown above), wherein controlling the communicator to transmit the notification comprises controlling the communicator to transmit the notification to a plurality of second user electronic devices associated with different second users ([0287]-[0292] “The user terminal 200 of the sleep management system 1 may determine whether to share the sleep information SI of the user and the sleep advice with other users on the basis of a setting value related to the sharing of the sleep information set by the user…Different sharers may be input to the first and second sharer setting regions 2920 and 2930…a first sharer with which the sleep information is to be shared may be input to the first sharer setting region 2920 through a short message service, and a second sharer with which the sleep information is to be shared may be input to the second sharer setting region 2930 through an e-mail.”, [0286] ).
Regarding claim 9, Park in view of Pituch teaches the method of claim 1 (as shown above). Park further discloses wherein the notification is transmitted to the second user electronic device via a server (sleep management server SV, [0081]-[0082], [0300] “when the ID of the sleep management application of the sharer is input, the user terminal 200 may transmit the sleep information SI of the user and the sleep advice through the sleep management server SV by using an account of the sleep management application of the sharer.”).
Regarding claim 10, Park in view of Pituch teaches the method of claim 1 (as shown above). Park further discloses the method further comprising: receiving, via a user input unit (the user input/output unit 220) of the first user electronic device, an input from the first user for triggering the generation of a notification ([0137] “the user input/output unit 220 may include a touch screen module 221 configured to receive a touch input from a user”, [0291] “The information sharing on/off region 2910 may be provided in the form of a slide switch, and the sharing of sleep information may be activated or deactivated depending on a touch input of the user.”); generating, by the processor, the notification ([0372] “Also, when an abnormality is detected during the user's sleep (yes in 1430), the sleep management system 1 transmits a sleep abnormality message to the user to a sharer or a home appliance that is set by the user (1440).”); and controlling, by the processor, the communicator to transmit the notification to the second user electronic device associated with the second user ([0372], [0380] “the user terminal 200 or the sleep management server SV may transmit a message indicating a sleep disorder of the user to the sharer according to identification information of the sharer or identification information of the user terminal of the sharer that is input by the user.”, [0143] “In addition, the terminal communicator 230 may transmit and/or receive data to and/or from other user terminals 200.”).
Regarding claim 11, Park discloses a system (sleep management system 1) comprising:
a user electronic device associated with a first user (Figure 3: a user terminal 300),
the user electronic device comprising a processor (Figure 6: a terminal controller 210: processor 211 ), a memory (Figure 6: a terminal controller 210: a memory 213), and a communicator (Figure 6: terminal communicator 230), the memory storing instructions that are executable by the processor ([0150] “The terminal controller 210 may include a memory 213 configured to store and/or recall programs and data, and a processor 211 configured to process data according to the program stored in the memory 213”),
the user electronic device is arranged to be communicatively coupled to a sleep monitoring device (sleep data acquisition apparatus 100) via the communicator ([0070]-[0072] “the sleep data acquisition apparatus 100 may transmit the sleep data SD of the user to the user terminal 200…the sleep data acquisition apparatus 100 may transmit pieces of sleep data SD generated every predetermined time interval to the user terminal 200 in a wireless manner”, [0143] “The terminal communicator 230 may transmit and/or receive data to and/or from the sleep data acquisition apparatus 100 and the sleep management server SV, which have been described above. In addition, the terminal communicator 230 may transmit and/or receive data to and/or from other user terminals 200.”), the sleep monitoring device being arranged to record sleep-related data for the first user ([0069] “sleep data acquisition apparatus 100 configured to obtain sleep-related data SD (hereinafter referred to as sleep data) of a user”), wherein
the communicator is arranged to receive sleep-related data for the first user from the sleep monitoring device ([0143] “The terminal communicator 230 may transmit and/or receive data to and/or from the sleep data acquisition apparatus 100 and the sleep management server SV, which have been described above. In addition, the terminal communicator 230 may transmit and/or receive data to and/or from other user terminals 200.”);
the processor is arranged to determine, from the sleep-related data, a sleep metric comprising one or both of a sleep state of a first user ([0169]-[0171] “The user terminal 200 of the sleep management system 1 may directly determine the sleep state SS of the user on the basis of the sleep data SD of the user, or may transmit the sleep data SD to the sleep management server SV and receive the sleep state SS from the sleep management server SV.”) and a sleep disturbance score of the first user ([0366]-[0369] “The user terminal 200 or the sleep management server SV of the sleep management system 1 may determine a sleep abnormality of the user on the basis of the sleep data SD and the sleep state SS of the user.”, [0012] “The sleep management method may further include calculating a sleep score of the user on the basis of the sleep information of the user.”, [0201]); and that the sleep-related metric exceeds a threshold, wherein the sleep metric exceeds the threshold if one or both of the sleep state indicates that the first user was awake beyond a threshold time and the sleep disturbance score for the first user is greater than a threshold sleep disturbance score ([0370] “when a sleep score of the user is significantly lower than an average sleep score, the number of times the user wakes up while sleeping is significantly large, or when the a wake-up time of the user is irregular, the user terminal 200 or the sleep management server SV may determine that the user has a sleep disorder.”, Examiner interprets the average sleep score to be the threshold.);
the processor is arranged to generate a notification indicating that the sleep-related metric exceeds the threshold ([0372] “Also, when an abnormality is detected during the user's sleep (yes in 1430), the sleep management system 1 transmits a sleep abnormality message to the user to a sharer or a home appliance that is set by the user (1440).”); and
the processor is arranged to control the communicator to transmit the notification to a second user electronic device associated with a second user ([0372], [0380] “the user terminal 200 or the sleep management server SV may transmit a message indicating a sleep disorder of the user to the sharer according to identification information of the sharer or identification information of the user terminal of the sharer that is input by the user.”, [0143] “In addition, the terminal communicator 230 may transmit and/or receive data to and/or from other user terminals 200.”),
the system further comprising a second user electronic device associated with the second user ([0379] “a user terminal 200a of the sharer”), wherein the second user electronic device is arranged to receive the notification from the user electronic device ([0386] “When the sleep abnormality message is received, the user terminal 200a of the sharer may display the sleep abnormality message of the user.”).
Park fails to explicitly generate a prompt to the second user based on the notification.
However, Pituch teaches a sleep monitoring and disturbance mitigation system wherein the system is further arranged to generate a prompt to the second user based on the notification ([0004]-[0005] “generate, based at least partially on the real-time sleep data and sleep status, a sleep disturbance priority and a sleep disturbance message comprising data indicative of the sleep status and the sleep disturbance priority; and to display the sleep disturbance priority message on a display located remotely from the sleep status monitoring apparatus… the remote receiving station may be configured to generate a sleep disturbance message comprising data capable of conveying at least one of the user actions of: (a) do not disturb the subject except for top priority disturbance events;”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Park to incorporate the teachings of Pituch to generate a prompt to the second user based on the notification, wherein the prompt indicated that the user should not disturb the first user, as these prior art references and the instant application are directed to sleep management methods and devices. One would be motivated to do this enhance the sleep quality and minimize disturbance from external sources.
Regarding claim 12, Park in view of Pituch teaches the system of claim 11 (as shown above). Park further discloses the system further comprising the sleep monitoring device, wherein the sleep monitoring device is arranged to measure sleep data for the first user (the sleep data acquisition apparatus 100, [0085] “As shown in FIG. 3, the sleep data acquisition apparatus 100 may be placed near a user U who is lying on a bed B. For example, as shown in FIG. 3, the sleep data acquisition apparatus 100 may be placed under the bed B of the user U.”); measuring, by the sleep monitoring device, the sleep data for the first user ([0070]-[0071] “The sleep data acquisition apparatus 100 may collect the sleep data SD of the user while the user is sleeping, falling asleep, or waking up…the sleep data acquisition apparatus 100 may detect a heart rate, respiration rate, and movement of the user and generate sleep data SD corresponding to the user's heart rate, respiration rate, and movement.”) and transmit the sleep data to the second user electronic device ([0081]-[0082], [0300] “when the ID of the sleep management application of the sharer is input, the user terminal 200 may transmit the sleep information SI of the user and the sleep advice through the sleep management server SV by using an account of the sleep management application of the sharer.”, [0024]).
Conclusion
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/ATTIYA SAYYADA HUSSAINI/Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792