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 .
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 10 and 13 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 10 recites “the complex audio amplifier” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites “audible audio waves greater than 10 Hz” while parent claim 1 recites “audible frequencies greater than 100Hz”. It is unclear whether applicant intends to require audio waves greater than 10 Hz or 100 Hz in claim 10.
Claim 13 recites the limitation “the user’s mobile phone”. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1, 9, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,464,381 (Wilson) in view of U.S. Patent Application Publication No. 2017/0281899 (Boren), GB 2310603 (Ellerker), and GB 2587023 (Webb et al.).
Regarding claim 1, Wilson teaches a sleep aid apparatus for children using a simulated motion vehicle motion stimulator (abstract), the apparatus comprising:
a structure (12) having a sleeping surface (14) sized and configured for securely confining the children (col. 4, lines 25-27; Figure 1);
a tactile transducer (68, 72) coupled to the sleep structure (14);
a vehicle simulation control unit (46) is in electrical communication with the tactile transducer (68, 72);
the vehicle simulation control unit (46) is configured to generate low frequency impulse patterns and communicate the impulse patterns to the tactile transducer (68, 72) via a wired communication (70) (frequency (speed) of eccentric 72 rotation variable, thus control panel configured to, or capable of, generating “low frequency impulse patterns” communicated to the “tactile transducer”, 68, 72, see col. 4, line 59-col. 5, line 7);
a loud speaker (78) in electrical communication with the vehicle simulating control unit (46), wherein the vehicle simulation control unit (46), when activated, simultaneously causes the tactile transducer (68, 72) to produce tactile motions in predetermined frequencies and the speaker (78) to produce a gentle ambient internal moving motor vehicle sounds in an audible range (vibration via motor 66 and eccentric 72 may occur at the same time as sound is produced via speaker 78, col. 4, line 59-col. 5, line 24).
Wilson does not specify the control unit includes a complex audio amplifier, or that the wired communication is water resistant.
However, Boren teaches a child sleep aid apparatus using a simulated vehicle motion stimulator (abstract), comprising: a vehicle simulation control unit comprising a complex audio amplifier (20) configured to generate low frequency impulse patterns and communicate the impulse patterns to a tactile transducer (25) ([0026]-[0027]). 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 vehicle simulation control unit of Wilson to include a complex audio amplifier as taught by Boren, because providing such an amplifier produces sound and audio impulses for transfer to a tactile transducer to in turn provide stimulation to sooth an infant receiving the vibration ([0026]-[0027]).
Wilson and Boren do not specify the wired communication is water resistant.
However, Ellerker teaches a child’s sleep aid apparatus comprising a water resistant casing, thus includes a water resistant wired communication (Figure 1; pg. 1, line 33-pg. 2, line 4; pg. 3, lines 9-11). 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 apparatus of Wilson and Boren such that the wired communication is water resistant, as taught by Ellerker, because Ellerker teaches providing such water resistant wired communication is protective “against body fluid emissions” (pg. 3, lines 9-11).
Wilson as modified does not specify the low frequency tactile motions are in a range of 20-100 Hz and the audible frequencies are greater than 100 Hz.
However, Webb teaches a child’s sleep aid apparatus (abstract), comprising: a vehicle stimulation control unit (402) that produces predetermined low frequency impulses of 20-100 Hz causing a tactile transducer (400a) to produce tactile motions and higher audible frequencies greater than 100 Hz that cause a second transducer (400b) to produce motor vehicle sounds (pg. 3, paragraphs 2 and 6; pg. 13, paragraphs 3-4 and 7-8; pg. 13, paragraph 9-pg. 14, paragraph 3; 70 Hz and 110 Hz, pg. 15, paragraph 3). 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 vehicle simulation control unit of Wilson as modified such that the low frequency impulses are from 20-100 Hz, such as 70 Hz, and the audible frequencies are greater than 100 Hz, such as 110 Hz, as taught by Webb in order to “simulate a pattern of vibration experienced by an occupant when travelling in a vehicle” to soothe a child (Webb: abstract; pg. 2, paragraph 5).
Regarding claim 9, Wilson in view of Boren, Ellerker, and Webb teaches all the limitations of claim 1. Wilson teaches the impulse patterns generated by the tactile transducer include periodic impulse patterns and random vibrating patterns (“internal motion control” includes speed control and a variable speed motor 68 controlling the rotational speed and pattern of the eccentric 72, thus is capable of producing periodic and random vibrating patterns as claimed, col. 4, line 61-col. 5, lines 7).
Regarding claim 14, Wilson in view of Boren, Ellerker, and Webb teaches all the limitations of claim 1. Wilson teaches the sleep structure is a structure chosen from the group consisting of a baby bed, bassinet, cot, cradle, and crib (Figure 1).
Claims 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,464,381 (Wilson) in view of U.S. Patent Application Publication No. 2017/0281899 (Boren), GB 2310603 (Ellerker), and GB 2587023 (Webb et al.) as applied to claim 1, and further in view of U.S. Patent Application Publication No. 2017/0112295 (McConnell et al.).
Regarding claims 2 and 4-6, Wilson in view of Boren, Ellerker, and Webb teaches all the limitations of claim 1. Wilson as modified fails to disclose the apparatus includes a light projector on the vehicle simulation control unit with a flexible stalk, the light projector is configured to project predetermined light patterns; wherein the simple light projector is mounted on the vehicle simulation control unit; wherein the simple light projector with the flexible stalk is configured for aiming the projector in multiple directions determined by a user; wherein the simple light projector is configured to project a moving light pattern.
However, McConnell teaches a child calming aid apparatus (abstract) comprising: a light projector (118) on a simulation control unit (102) with a flexible stalk (146), the light projector (118) is mounted on the stimulation unit (102) (Figure 9; [0062]; [0065]-[0066]); wherein the flexible stalk (146) is configured for aiming the projector (118) in multiple directions determined by the user (Figure 9; [0062]; [0065]-[0066]). McConnell teaches an alternative embodiment wherein the projector is configured to project a predetermined, moving light pattern (constellation, [0071], [0075]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the stimulation unit of Wilson as modified to include the simple light projector on the flexible stalk which is configured to project a moving, predetermined light pattern as taught by McConnell, because McConnell teaches providing such a light projector produces lighting that captures the interest of the child and enables a user to aim the light in a desirable direction ([0065]-[0066]; [0075]).
Regarding claim 3, Wilson in view of Boren, Ellerker, Webb, and McConnell et al. teaches all the limitations of claim 1. Wilson as modified teaches the vehicle stimulation control unit (Wilson: 46) causes the light source (McConnell: 118) to project predetermined light patterns simultaneously with the tactile transducer (Wilson: 68, 72) producing vibration and tactile motion in certain low frequencies from 20-100 Hz, and a loud speaker (Wilson: 78) producing gentle ambient internal moving motor vehicle sounds in an audible range (lights, sounds, and vibration may be produced at the same time in the modified apparatus; see discussion for claims 1 and 2).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,464,381 (Wilson) in view of U.S. Patent Application Publication No. 2017/0281899 (Boren), GB 2310603 (Ellerker), and GB 2587023 (Webb et al.) as applied to claim 1, and further in view of U.S. Patent No. 5,660,597 (Fox).
Regarding claims 7 and 8, Wilson in view of Boren, Ellerker, and Webb teaches all the limitations of claim 1. Wilson as modified fails to teach a mounting apparatus configured for removably affixing the tactile transducer to the sleeping structure; wherein the mounting apparatus comprises a variable distance clamp bar.
However, Fox teaches a child sleep aid apparatus using simulated vehicle motion (abstract; col. 1, lines 11-15), comprising: a tactile transducer (217) and a mounting apparatus (215) configured for removably affixing the tactile transducer to a sleeping structure (1); wherein the mounting apparatus comprises a variable distance clamp bar (219) (col. 8, line 66-col. 9, line 49). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Wilson as modified to include the mounting apparatus of Fox, because Fox teaches providing such a mounting apparatus permits the apparatus “to universally attach to any portion of an infant support structure that could be engaged…thereby improving the range of applications and versatility” of the apparatus (col. 9, lines 7-14).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,464,381 (Wilson) in view of U.S. Patent Application Publication No. 2017/0281899 (Boren), GB 2310603 (Ellerker), and GB 2587023 (Webb et al.) as applied to claim 1, and further in view of U.S. Patent Application Publication No. 2016/0303344 (Smuddle).
Regarding claim 10, Wilson in view of Boren, Ellerker, and Webb teaches all the limitations of claim 1. Wilson as modified teaches the vehicle simulation control unit comprised of the complex audio amplifier is configured to have capabilities to generate and modify tactile waves from 20-100 Hz and audio waves greater than 10 Hz (see discussion for claim 1). Wilson as modified does not teach the apparatus is configured to accept additional pre-recorded data streams of alternate motor vehicle environment via an SD card reader.
However, Smuddle teaches a child sleep aid apparatus (abstract), comprising: an SD card reader configured to accept pre-recorded data streams of alternate audio environments ([0015]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Wilson as modified to include an SD card reader as taught by Smuddle, because Smuddle teaches providing such an SD card reader enables a user to introduce alternative data for use in the device to customize its function ([0015]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,464,381 (Wilson) in view of U.S. Patent Application Publication No. 2017/0281899 (Boren), GB 2310603 (Ellerker), and GB 2587023 (Webb et al.) as applied to claim 1, and further in view of WO 9113647 (Yuh et al.).
Regarding claim 11, Wilson, Boren, Ellerker, and Webb teaches all the limitations of claim 1. Wilson as modified fail to disclose the vehicle simulation control unit includes an internal clock, the internal clock configured to automatically shut off the apparatus after a user-defined predetermined time.
However, Yuh et al. teaches a child sleep aid apparatus (abstract), comprising: a stimulation control unit comprising an internal clock, the internal clock configured to automatically shut off the apparatus after a user-defined predetermined time (timer shuts off after 20 minutes or a predetermined amount of time, abstract; col. 4, lines 4-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Wilson as modified to include an internal clock configured to automatically shut off the apparatus after a user-defined predetermined period of time as taught by Yuh et al., because such a feature contributes to ease of use as the apparatus turns off without user intervention.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,464,381 (Wilson) in view of U.S. Patent Application Publication No. 2017/0281899 (Boren), GB 2310603 (Ellerker), and GB 2587023 (Webb et al.) as applied to claim 1, and further in view of U.S. Patent Application Publication No. 2015/0105608 (Lipoma et al.).
Regarding claim 12, Wilson in view of Boren, Ellerker, and Webb teaches all the limitations of claim 1. Wilson as modified as cited fail to disclose the apparatus includes a wireless functionality where the vehicle simulation control unit is in wireless communication with a user's mobile phone via WiFi/ Bluetooth connection where the user may remotely configure and govern the output signals of the vehicle control unit to modify the motion characteristics and activation duration of the sleep aid apparatus.
However, Lipoma teaches a child sleep aid apparatus (abstract), comprising: a control unit including a wireless functionality where the control unit is in wireless communication with a user's mobile phone via WiFi/ Bluetooth connection where the user may remotely configure and govern the output signals of the control unit to modify the operational characteristics and activation duration of the sleep aid apparatus ([0011]; [0013]; [0041]-[0043]; Wi-Fi, Bluetooth, [0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Wilson as modified to include a wireless functionality such that a user’s mobile phone is in Wifi/Bluetooth communication with the control unit to permit the user to remotely configure and govern the operation of the apparatus as taught by Lipoma, because Lipoma teaches such a configuration permits wireless remote control of the apparatus ([0053]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,464,381 (Wilson) in view of U.S. Patent Application Publication No. 2017/0281899 (Boren), GB 2310603 (Ellerker), GB 2587023 (Webb et al.), and WO 9113647 (Yuh et al.) as applied to claim 11, and further in view of U.S. Patent Application Publication No. 2015/0105608 (Lipoma et al.).
Regarding claim 13, Wilson in view of Boren, Ellerker, Webb, and Yuh teaches all the limitations of claim 11. Wilson, Boren, Ellerker, Webb, and Yuh fails to disclose the vehicle simulation control unit is a device including wireless communication via WiFi/Bluetooth configured to communicate between the user's mobile phone with an appropriate network application, and the vehicle simulation control unit.
However, Lipoma teaches a child sleep aid apparatus (abstract), comprising: a control unit with a vehicle simulation control unit including wireless communication via WiFi/Bluetooth configured to communicate between a user's mobile phone with an appropriate network application, and the control unit ([0011]; [0013]; [0041]-[0043]; Wi-Fi, Bluetooth, [0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Wilson as modified to include a vehicle simulation control unit such that a user’s mobile phone is in Wifi/Bluetooth communication with the control unit via a network application to permit the user to remotely configure and govern the operation of the apparatus as taught by Lipoma, because Lipoma teaches such a configuration permits wireless remote control of the apparatus ([0053]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,464,381 (Wilson) in view of U.S. Patent Application Publication No. 2017/0281899 (Boren), GB 2310603 (Ellerker), GB 2587023 (Webb et al.) as applied to claim 1, and further in view of U.S. Patent No. 4,969,867 (Cohen).
Regarding claim 15, Wilson in view of Boren, Ellerker, and Webb teaches all the limitations of claim 1. Wilson as modified does not teach the apparatus includes a microphone configured to detect children crying sounds with adjustable sensitivity, and automatically activate the vehicle simulation control unit for a predetermined duration set by a user.
However, Cohen teaches a child sleep aid apparatus (abstract), comprising: a microphone (16) configured to detect child crying sounds with adjustable sensitivity, and automatically activate the control unit (8) for a predetermined duration set by a user (col. 3, lines 18-31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Wilson as modified to include a microphone configured to detect child crying sounds to automatically activate the control unit for a predetermined duration set by a user as taught by Cohen, because Cohen teaches such a configuration enables the device to actuate automatically when crying is detected (col. 3, lines 18-31).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carrie R Dorna whose telephone number is (571)270-7483. The examiner can normally be reached 8am-5pm.
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/CARRIE R DORNA/Primary Examiner, Art Unit 3791
