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 Arguments
Applicant’s amendments and arguments filed 3/16/2026, with respect to the previously applied 35 USC 112(b), 102 and 103 rejections as set forth in the Non-Final Rejection dated 12/16/2025 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yun et al. (2014/0334645). Applicant’s amendment has also created a new issue under 35 USC 112(b).
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 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “perform a sleep recognition function configured to identify whether a state of the user corresponds to a sleep state according to a first reflection signal received by the communication interface”. Then the claim states “based on the state of the user being identified as corresponding to the sleep state” (meaning the sleep recognition function was performed and a user was identified as being asleep), …”perform the sleep recognition function to obtain first information corresponding to the sleep state that the state of the user corresponds to based on the received fist reflection signal”. Applicant first defines the sleep recognition function as determining whether a user’s state corresponds to a sleep state, wherein the result is used to trigger the same sleep recognition function. If the function has already been executed and the results already obtained, what purpose or need is there to re-trigger the same function to re-obtain the same information? Is Applicant intending to claim a different function wherein the first is a simple “yes” or “no” regarding if a user is asleep and the second is a particular classification of the sleep state? Currently, Applicant claims the same function twice and defines what it actually produces each time creating clarity issues regarding what functions are performed and when. For the purposes of examination, the Examiner will interpret the claims as determining a particular sleep state of a user and deactivating voice recognition when a user is identified as being asleep.
Claims 2-15 are rejected based on the dependence on indefinite claim 1.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 5, 7, 8, 10-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Asleep, Co. LTD (KR 102429256B1) in view of Yun et al. (2014/0334645).
Regarding Claims 1 and 11, Asleep discloses a system having a communication interface 110; a microphone (in terminal 10, “For example, sleep sound information related to the user's sleeping environment may be obtained through a microphone module provided in the user terminal 10”; p. 5 of the translation); memory 120 and one or more processors 150 (Fig. 2, 3). Asleep further discloses that multiple sound signals (i.e. reflection signals) are received and analyzed via spectrogram (which Applicant likewise discloses, see par. [0114] of PGPUB 2024/0335163, which is the publication of the present application), wherein a first signal (breathing pattern) is analyzed to determine a sleep state and wherein a second signal (movement pattern) is analyzed in conjunction with a breathing sound to determine a sleep state (“According to an embodiment, the feature extraction model 410 may analyze the time-series frequency pattern of the spectrogram 300 to extract features related to a breathing sound, a breathing pattern, and a movement pattern”, p. 9 of the translation). Asleep does not disclose the use of voice activated functions in the system and thus also fails to disclose the deactivation of voice commands when a user is determined to be asleep.
However, in the same field of endeavor of computing device control and concerned with the same problems of power consumption and computing device control, Yun discloses incorporating voice activation in the control of computing devices (par. [0003-0005]) for providing efficient, hand-free control of a device thus decreasing the need to physically move to and physically touch a device for use. Yun further discloses deactivating the voice command functions of the device when it is determined user is asleep for the purpose of improving battery life (par. [0029]). Therefore 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 device in the Asleep reference to include voice activation control as well as the ability to deactivate voice control when a user is sleeping, as taught and suggested by Yun, for the purpose of providing efficient, hand-free control of a device thus decreasing the need to physically move to and physically touch a device for use as well as for the purpose of improving battery life .
In regard to Claims 2 and 12, Asleep discloses obtaining multiple signals over time wherein each time a signal is acquired, movement patterns are determined (which include posture, such as movement while lying down to sleep). This data is used to identify sleep states wherein breathing sounds are also analyzed as part of the spectrogram analysis (“According to an embodiment, the feature extraction model 410 may analyze the time-series frequency pattern of the spectrogram 300 to extract features related to a breathing sound, a breathing pattern, and a movement pattern”, p. 9 of the translation).
With regards to Claims 5 and 15, Asleep and Yun discloses activating a voice recognition function and a subsequent communication mode when a user voice input is detected (a keyword is detected), see Yun, par. [0029].
Regarding Claim 7, Asleep discloses differentiating REM, waking, light sleep, etc. via the analysis of spectrogram data (p. 8 of the translation).
In regard to Claim 8, Asleep discloses preprocessing the signals to remove noise (“As described above, the processor 150 may pre-process the sleep sound information obtained with a low signal-to-noise ratio, and obtain a spectrogram based on the pre-processed sleep sound information.”, p. 10 of the translation).
Regarding Claim 10, Asleep discloses information can be transmitted across a network to other computers/servers and to the cloud (Fig. 2).
Claims 3, 4, 6, 9, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Asleep, Co. LTD (KR 102429256B1) in view of Yun et al. (2014/0334645), further in view of Enplug Co., LTD (KR 20200129426A).
In regard to Claims 3, 4, 13 and 14, Asleep and Yun disclose all of the claimed invention except for analyzing a movement frequency to determine a sleep state. However, Enplug discloses that in addition to breathing sounds (which is disclosed by Asleep), frequency and degree of tossing and turning (which involve radii of movement) in a posture state can be determined by a posture detection unit 160 for the purpose of more accurately identifying a state of sleep of a user (p. 3 of the translation). This can be done on multiple signals over time. Therefore 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 device in the Asleep and Yun combination to include detecting a frequency of tossing and turning in a particular posture state, as taught and suggested by Enplug, for the purpose of more accurately identifying a state of sleep of a user.
Regarding Claim 6, Asleep, Yun and Enplug disclose detecting posture such as crouching, lying down, standing, etc. (“The posture detection unit 160 is for detecting the posture or movement of a user who is sleeping, and takes an image of the user at every set period (eg, 5 seconds, 10 seconds, etc.) using an infrared camera, for example, and By analyzing the user's sleeping posture, and checking the frequency of turning. The user's sleeping posture may be detected as one of a right posture, a prone posture, a right crouched posture, and a left crouched posture. For more precise analysis, you can further subdivide your sleeping position. For example, the correct posture can be further subdivided into a posture facing the ceiling, a posture with the head tilted to the right, and a posture with the head tilted to the left, or a posture with the head tilted to the right and the head tilted to the left. It can be further subdivided into posture, etc.”, Enplug, p. 3 of the translation).
In regard to Claim 9, Asleep and Yun disclose all of the claimed invention except for analyzing brain wave information of a user. However, Enplug discloses analyzing brain wave information of a user in conjunction with other signals such as sound signals, for the purpose of accurately identifying a sleep state of a user (“In general, sleep consists of rapid eye movement (REM) sleep and non-REM sleep alternately, and REM sleep accounts for 20-25% of total sleep, and non-REM sleep accounts for 75-80%. In addition, non-REM sleep is divided into four stages, and it is known that the characteristics of brain waves are different for each stage. For example, theta activity (3.5-7.5Hz) appears in stage 1 sleep, theta wave, sleep spindle, and sharp waveform K complex appear in sleep stage 3, and sleep stage 3 A delta wave with a large amplitude (delta activity: 3.5Hz or less) appears in, and it is known that the delta wave increases by 50% or more in the fourth stage of sleep. It is known that theta waves appear sporadically in the REM sleep stage… The sleep step may be determined directly by detecting the brain waves of a sleeping user, or may be determined indirectly using other biometric signals that can be measured in a non-contact manner.”. p. 4 of the translation). Therefore 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 device in the Asleep and Yun combination to include brain wave sensing, as taught and suggested by Enplug, for the purpose of accurately identifying a sleep state of a user.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN PORTER whose telephone number is (571)270-5419. The examiner can normally be reached Mon - Fri 9:00-6:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached at 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLEN PORTER/Primary Examiner, Art Unit 3796
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