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 .
Status of the Application
Claims 1, 5-8, and 10-20 are currently pending in this case and have been examined and addressed below. This communication is a Final Rejection in response to the Amendments to the Claims and Remarks filed on 11/25/2025.
Claims 1, 10, 11, 15, and 18 are currently amended.
Claims 2-4 and 9 are cancelled.
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:
A data collection module (claims 11-20) configured to receive brain activity data indicative of the electrical brain-activity and physical activity data indicative of one or more physical activities
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. The disclosure provides in paragraph [0127] that the data collection module is integrated with the mobile device or a separate device. Therefore, the claim limitations will be interpreted to be integrated with the mobile device or a separate device.
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.
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, 7-8, 11-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over GILL (WO-2021214640-A1)[hereinafter Gill], in view of ALQURASHI (US-20170360360-A1)[hereinafter Alqurashi], in view of Kinsolving (US-20130234823-A1)[hereinafter Kinsolving].
As per Claim 1, Gill discloses a sleep-retraining method in paragraphs [0101] and [0126] and [0132] (a sleep-retraining method) comprising: deriving, from the brain-activity data, a hypnogram in paragraphs [0070] and [0072] and [0088] and [0118-0119] (deriving, from physiological data associated with electrical activity of the brain (synonymous to the brain-activity data), a hypnogram) and computing one or more sleep- related parameters comprising sleep onset latency, wake-after-sleep-onset, sleep efficiency, a fragmentation index, and sleep blocks in paragraphs [0070] and [0072] and [0119] (and generating one or more sleep-related parameters including sleep onset latency, wake-after-sleep-onset, sleep efficiency, a fragmentation index, and sleep blocks), and identifying time parameters including an enter bed time, a go-to-sleep time, an initial sleep time, micro-awakenings, a wake-up time, and a rising time in paragraphs [0071-0072] and [0108] (identifying time parameters including an enter bed time, go-to-sleep time, an initial sleep time, micro-awakenings, a wake-up time, and a rising time); receiving, via an electronic device, physical-activity data for the user that is indicative of a physical activity of the user occurring after the initial sleep session in paragraphs [0098-0099] and [0151] (receiving, via an activity tracker (synonymous to an electronic device), activity information for the user that indicates physical activity of the user after the first sleep session); determining user-specific physical-activity changes by comparing the physical-activity data to prior physical-activity data in paragraphs [0070] and [0207] and [0210-0212] (determining activity level changes by comparing the second sleep-related parameter to first sleep-related parameter, wherein sleep-related parameters includes activity levels, referred to as movement of the user); based on the hypnogram, the computed sleep-related parameters, and the user-specific physical-activity changes, automatically configuring a subsequent optimal sleep session for the user by adjusting at least one of the time parameters in paragraphs [0101] and [0114] and [0129] and [0164-0165] (based on the hypnogram, the computed sleep-related parameters, and the activity level changes, automatically determining a recommended sleep session, referred to as the second sleep session, for the user by adjusting the time parameters) and: during the subsequent optimal sleep session, automatically actuating machine-executed controls in paragraphs [0054-0055] and [0189] and [0209] (during the recommended sleep session, automatically actuating the control system to execute the machine-readable instructions) comprising (ii) adjusting alarm timing contingent on sleep-quality thresholds in paragraph [0129] (adjusting the alarm timing based on when the user is closest to light sleep (Examiner notes that adjusting the alarm timing based on when the user is closest to light sleep indicates the alarm timing being contingent on sleep-quality thresholds)).
Gill discloses monitoring electrical brain activity, but does not disclose monitoring via a sleep-retraining beanie. However, Alqurashi discloses monitoring, via a sleep-retraining beanie, electrical brain-activity of a user during an initial sleep session, the electrical brain-activity being reflected in the form of brain- activity data in paragraphs [0024] and [0033-0035] and [0047] (monitoring, via a sleep monitoring cap (synonymous to a sleep-retraining beanie), brain wave activity (synonymous to electrical brain-activity) of a user during a single sleep session, the brain wave activity is reflected in the form of brain wave patterns).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining method, as disclosed by Gill, to be combined with monitoring electrical brain activity with sleep-retraining beanie, as disclosed by Alqurashi, for the purpose of improving sleep quality [0002-0006].
The combination of Gill and Alqurashi discloses automatically actuating machine-executed controls during the optimal sleep session, but does not disclose the controls outputting sound ambiance matched to detected EEG sleep-stage transitions or regulating the temperature of the sleep-retraining beanie. However, Kinsolving discloses during the subsequent optimal sleep session, automatically actuating machine-executed controls in paragraphs [0013-0014] and [0031] and [0042] and [0046-0048] and Figure 3 (during the optimal sleep experience, controlling the conditions) comprising (i) outputting sound ambience matched to detected EEG sleep- stage transitions in paragraphs [0013-0014] and [0017] and [0031] and [0035] and [0046-0048] (provide music or other sound patterns to guide the user into the appropriate sleep state), and (iii) regulating a temperature of the sleep-retraining beanie, such that the subsequent optimal sleep session for the user has an improved sleep quality relative to the initial sleep session in paragraphs [0013-0014] and [0019] and [0078] and Figures 6A and 6B (controlling temperature of the sleep sensing system (synonymous to a sleep-retraining beanie), such that the optimal sleep pattern for the user has an improved sleep quality relative to the normal sleep cycle (synonymous to the initial sleep session)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining method, as disclosed by Gill and Alqurashi, to be combined with outputting a sound ambience matched to detected EEG sleep-stage transitions and regulating the temperature of the sleep-retraining beanie, as disclosed by Kinsolving, for the purpose of improving sleep experience [0002].
As per Claim 7, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining method of claim 1.
Gill discloses monitoring electrical brain activity, but does not disclose monitoring the electrical brain activity with one or more printed circuits on the sleep-retraining beanie. However, Alqurashi discloses further comprising monitoring the electrical brain-activity with one or more printed circuits on the sleep-retraining beanie in paragraphs [0047] and [0062] (monitoring electrical brain activity with the transmitter (synonymous to one or more printed circuits) on the sleep monitoring cap (synonymous to the sleep-retraining beanie)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining method, as disclosed by Gill, to be combined with monitoring electrical brain activity with one or more printed circuits in the sleep-retraining beanie, as disclosed by Alqurashi, for the purpose of improving sleep quality [0002-0006].
As per Claim 8, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining method of claim 1, Gill also discloses further comprising collecting in real-time the physical-activity data from an electronic device while the user is performing the physical activity in paragraphs [0098-0099] (collecting in real-time the physical activity from an activity tracker while the user is performing the activity).
As per Claim 11, Gill discloses a sleep-retraining system in paragraphs [0007] and [0058] and [0101] and [0126] and [0132] (a sleep-retraining system) comprising: a data collection module configured to receive (a) brain-activity data indicative of the electrical brain-activity and (b) physical-activity data indicative of one or more physical activities of the user in paragraphs [0007] and [0057] and [0088] and [0133] (a receiver (synonymous to a data collection module) to receive physiological data associated with electrical activity of the brain (synonymous to the brain-activity data) and physical activity information indicative of one or more physical activities of the user); a memory storing machine-readable instructions in paragraphs [0053] and [0055] (a memory device storing machine-readable instructions); and a control system including one or more processors configured to execute the machine- readable instructions in paragraphs [0053-0055] (a control system includes one or more processors that execute the machine-readable instructions) to: monitor the electrical brain-activity during an initial sleep session in paragraphs [0068] and [0070] and [0088] (monitor the electrical brain activity during the sleep session), derive, from the brain-activity data, a hypnogram in paragraphs [0070] and [0072] and [0088] and [0118-0119] (derive, from physiological data associated with electrical activity of the brain, a hypnogram) and compute one or more sleep- related parameters comprising sleep onset latency, wake-after-sleep-onset, sleep efficiency, a fragmentation index, and sleep blocks in paragraphs [0070] and [0072] and [0119] (and generate one or more sleep-related parameters including sleep onset latency, wake-after-sleep-onset, sleep efficiency, a fragmentation index, and sleep blocks), and identify time parameters including an enter bed time, a go-to-sleep time, an initial sleep time, micro-awakenings, a wake-up time, and a rising time in paragraphs [0071-0072] and [0108] (identify time parameters including an enter bed time, go-to-sleep time, an initial sleep time, micro-awakenings, a wake-up time, and a rising time); collect the physical-activity data during a physical activity of the user that occurs after the initial sleep session in paragraphs [0098-0099] and [0151] (collect activity information for the user that indicates physical activity of the user after the first sleep session); determine user-specific physical-activity changes by comparing the physical- activity data to prior physical-activity data in paragraphs [0070] and [0207] and [0210-0212] (determining activity level changes by comparing the second sleep-related parameter to first sleep-related parameter, wherein sleep-related parameters includes activity levels, referred to as movement of the user); based on the hypnogram, the computed sleep-related parameters, and the user- specific physical-activity changes, automatically configure a subsequent optimal sleep session for the user by adjusting at least one of the time parameters in paragraphs [0101] and [0114] and [0129] and [0164-0165] (based on the hypnogram, the computed sleep-related parameters, and the activity level changes, automatically determining a recommended sleep session, referred to as the second sleep session, for the user by adjusting the time parameters); and during the subsequent optimal sleep session, automatically actuate machine- executed controls in paragraphs [0054-0055] and [0189] and [0209] (during the recommended sleep session, automatically actuating the control system to execute the machine-readable instructions) comprising (ii) adjusting alarm timing contingent on sleep-quality thresholds in paragraph [0129] (adjusting the alarm timing based on when the user is closest to light sleep (Examiner notes that adjusting the alarm timing based on when the user is closest to light sleep indicates the alarm timing being contingent on sleep-quality thresholds)).
Gill discloses the EEG sensor including electrodes being positioned on or around the scalp, wherein the EEG sensor is integrated in headgear, to monitor electrical brain activity, but does not disclose a sleep-retraining beanie to detect electrical brain-activity. However, Alqurashi discloses a sleep-retraining beanie configured to flexibly conform to a head of a user, the sleep- retraining beanie having embedded printed circuits that detect electrical brain-activity of the user during a sleep session in paragraphs [0047] and [0062] (a sleep monitoring cap (synonymous to the sleep-retraining beanie) that stretches to conform to the head of the user, the sleep monitoring cap having embedded transmitters (synonymous to printed circuits) that monitor electrical brain activity during a sleep session).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, to be combined with a sleep-retraining beanie with embedded printed circuits that detect electrical brain-activity, as disclosed by Alqurashi, for the purpose of improving sleep quality [0002-0006].
The combination of Gill and Alqurashi discloses automatically actuating machine-executed controls during the optimal sleep session, but does not disclose the controls outputting sound ambiance matched to detected EEG sleep-stage transitions or regulating the temperature of the sleep-retraining beanie. However, Kinsolving discloses during the subsequent optimal sleep session, automatically actuate machine- executed controls in paragraphs [0013-0014] and [0031] and [0042] and [0046-0048] and Figure 3 (during the optimal sleep experience, controlling the conditions) comprising (i) outputting sound ambience matched to detected EEG sleep-stage transitions in paragraphs [0013-0014] and [0017] and [0031] and [0035] and [0046-0048] (provide music or other sound patterns to guide the user into the appropriate sleep state), and (iii) regulating a temperature of the sleep-retraining beanie, such that the subsequent based on the brain-activity data and the physical-activity data, suggest an optimal sleep session for the user has an improved sleep quality relative to the initial sleep session in paragraphs [0013-0014] and [0019] and [0078] and Figures 6A and 6B (controlling temperature of the sleep sensing system (synonymous to a sleep-retraining beanie), such that the optimal sleep pattern for the user has an improved sleep quality relative to the normal sleep cycle (synonymous to the initial sleep session)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill and Alqurashi, to be combined with outputting a sound ambience matched to detected EEG sleep-stage transitions and regulating the temperature of the sleep-retraining beanie, as disclosed by Kinsolving, for the purpose of improving sleep experience [0002].
As per Claim 12, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 11, Gill also discloses wherein the data collection module is communicatively coupled to a remote electronic device, the data collection module receiving the physical-activity data in real time as is collected by the remote electronic device in paragraphs [0057] and [0082] and [0098-0099] and [0151] (the receiver is communicatively coupled to an activity tracker, the receiver receiving the physical activity in real time collected by the activity tracker).
As per Claim 13, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 12, Gill also discloses wherein the data collection module is configured to communicatively interface with various types of remote electronic devices, the types of remote electronic device including mobile devices, smart watches, and other smart devices configured to detect user physical characteristics during the one or more physical activities in paragraphs [0082] and [0098-0099] (the receiver is communicatively interface with various types of activity trackers including mobile devices, smart watches, wristbands, rings, or patches to detect physiological data during the physical activities).
As per Claim 14, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 11.
Gill does not disclose the following limitations. However, Alqurashi discloses wherein the sleep-retraining beanie is in the form of a sleeping cap, the sleeping cap flexibly conforming to the head of the user in paragraphs [0047] and [0062] (a sleep monitoring cap is in the form of a sleep cap, the sleep monitoring cap that stretches to conform to the head of the user).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, to be combined with a sleep-retraining beanie is in the form of a sleeping cap, the sleeping cap flexibly conforming to the head of user, as disclosed by Alqurashi, for the purpose of improving sleep quality [0002-0006].
As per Claim 15, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 11.
Gill does not disclose the following limitations. However, Alqurashi discloses wherein the sleep-retraining beanie includes one or more audio speakers, to output the sound ambience in paragraphs [0041] and [0065] and [0071] and Figure 8 (the sleep monitoring cap includes speakers to output sounds or music).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, to be combined with a sleep-retraining beanie including audio speakers to output the sound ambience, the sleeping cap flexibly conforming to the head of user, as disclosed by Alqurashi, for the purpose of improving sleep quality [0002-0006].
As per Claim 17, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 11.
Gill does not disclose the following limitations. However, Alqurashi discloses wherein the sleep-retraining beanie includes a warning device, the warning device outputting a warning signal when the user is in a desired sleep stage in paragraphs [0011] and [0034-0035] (the sleep monitoring cap (synonymous to the sleep-retraining beanie) includes a vibratory device (synonymous to a warning device), the vibratory device outputting a vibration (synonymous to a warning signal) when the user is in a desired sleep stage).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, to be combined with a sleep-retraining beanie including warning device that outputs a warning signal, the sleeping cap flexibly conforming to the head of user, as disclosed by Alqurashi, for the purpose of improving sleep quality [0002-0006].
As per Claim 18, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 11,
Gill does not disclose the following limitations. However, Alqurashi discloses wherein the embedded printed circuits include one or more electrodes for detecting the electrical brain-activity in paragraphs [0047] and [0062] (the embedded transmitter includes electrodes for monitoring electrical brain activity).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, to be combined with the embedded printed circuits include one or electrodes for detecting the electrical brain-activity, as disclosed by Alqurashi, for the purpose of improving sleep quality [0002-0006].
As per Claim 19, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 11.
Gill does not disclose the following limitations. However, Alqurashi discloses wherein the sleep-retraining beanie has a base material onto which the printed circuits are embedded, the base material stretching to conform to the head of the user in paragraph [0062] (the sleep monitoring cap (synonymous to the sleep-retraining beanie) has a material onto which the transmitter (synonymous to a printed circuit) are embedded, the material stretching to conform to the head of the user).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, to be combined with the sleep-retraining beanie with a base material onto which the printed circuits are embedded, as disclosed by Alqurashi, for the purpose of improving sleep quality [0002-0006].
Claims 5-6, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over GILL (WO-2021214640-A1)[hereinafter Gill], in view of ALQURASHI (US-20170360360-A1)[hereinafter Alqurashi], in view of Kinsolving (US-20130234823-A1)[hereinafter Kinsolving], in view of Kahn et al. (US-10485474-B2)[hereinafter Kahn].
As per Claim 5, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining method of claim 1.
Gill, Alqurashi, and Kinsolving do not disclose the following limitations. However, Kahn discloses further comprising suggesting an additional nap session prior to the optimal sleep session in column 3 line 49-column 4 line 9 and column 4 lines 24-45 and column 5 lines 10-24 (suggesting a power nap (synonymous to an additional nap session) prior to the optimal sleep session).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, Alqurashi, Kinsolving, to be combined with suggesting an additional nap prior to the optimal session, as disclosed by Kahn, for the purpose of improving a user’s rest [column 1 lines 14-27].
As per Claim 6, Gill, Alqurashi, Kinsolving, and Kahn disclose the sleep-retraining method of claim 5.
Gill, Alqurashi, and Kinsolving do not disclose the following limitations. However, Kahn discloses further comprising suggesting specific time parameters for the additional nap session in column 3 line 49-column 4 line 9 and column 4 lines 24-45 and column 5 lines 10-24 (suggests an awakening time (synonymous to specific time parameters) for the power nap).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, Alqurashi, Kinsolving, Kahn to be combined with suggesting specific time parameters for the additional nap session, as disclosed by Kahn, for the purpose of improving a user’s rest [column 1 lines 14-27].
As per Claim 20, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 11.
Gill, Alqurashi, and Kinsolving do not disclose the following limitations. However, Kahn discloses wherein the machine-readable instructions are further executed to awaken the user if results of the optimal sleep session are achieved within a predetermined time period in column 5 lines 10-24 and column 8 lines 1-13 (awaken the user when transitioning from deep sleep to light sleep within a predefined time window (synonymous to a predetermined time period) (Examiner notes that the results of the optimal sleep session are achieved when the user transitions from deep sleep to light sleep, wherein this transition is known to be more optimal for an improved sleep quality)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, Alqurashi, Kinsolving, to be combined with awaken the user if results of the optimal sleep session are achieved within a predetermined time period, as disclosed by Kahn, for the purpose of improving a user’s rest [column 1 lines 14-27].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over GILL (WO-2021214640-A1)[hereinafter Gill], in view of ALQURASHI (US-20170360360-A1)[hereinafter Alqurashi], in view of Kinsolving et al. (US-20130234823-A1)[hereinafter Kinsolving], in view of Heeger et al. (US-20180014784-A1)[hereinafter Heeger].
As per Claim 10, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining method of claim 1, Gill also discloses further comprising: deriving, from the brain-activity data for the user, a hypnogram in paragraphs [0070] and [0072] and [0088] and [0118-0119] (deriving, from physiological data associated with electrical activity of the brain (synonymous to the brain-activity data), a hypnogram); computing one or more second sleep-related parameters comprising second sleep onset latency, second wake-after-sleep-onset, second sleep efficiency, a second fragmentation index, and second sleep blocks in paragraphs [0072] and [0119] and [0171-0172] (and generating one or more second sleep-related parameters for including sleep onset latency, wake-after-sleep-onset, sleep efficiency, a fragmentation index, and sleep blocks), and identifying second time parameters including a second enter bed time, a second go-to-sleep time, a second initial sleep time, second micro-awakenings, a second wake-up time, and a second rising time in paragraphs [0071-0072] and [0108] (identifying second time parameters including an enter bed time, go-to-sleep time, an initial sleep time, micro-awakenings, a wake-up time, and a rising time); receiving, via a electronic device, physical-activity data for the user in paragraphs [0098-0099] and [0151] (receiving, via an activity tracker (synonymous to an electronic device), activity information for the user that indicates physical activity of the user after the first sleep session); determining, user-specific physical-activity changes by comparing the physical- activity data for the user to prior physical-activity data for the user in paragraphs [0070] and [0207] and [0210-0212] (determining activity level changes by comparing the second sleep-related parameter to first sleep-related parameter, wherein sleep-related parameters includes activity levels, referred to as movement of the user); and based on the hypnogram, the computed second sleep-related parameters, and the user-specific physical-activity changes, automatically configuring a subsequent optimal sleep session for the user by adjusting at least one of the second time parameters in paragraphs [0101] and [0114] and [0129] and [0164-0165] (based on the hypnogram, the computed sleep-related parameters, and the activity level changes, automatically determining a recommended sleep session, referred to as the second sleep session, for the user by adjusting the time parameters); and during the subsequent optimal sleep session for the second user, automatically actuating second machine-executed controls in paragraphs [0054-0055] and [0189] and [0209] (during the recommended sleep session, automatically actuating the control system to execute the machine-readable instructions) comprising, (ii) adjusting second alarm timing contingent on sleep-quality thresholds in paragraph [0129] (adjusting the alarm timing based on when the user is closest to light sleep (Examiner notes that adjusting the alarm timing based on when the user is closest to light sleep indicates the alarm timing being contingent on sleep-quality thresholds)).
The combination of Gill and Alqurashi discloses automatically actuating machine-executed controls during the optimal sleep session, but does not disclose the controls outputting sound ambiance matched to detected EEG sleep-stage transitions or regulating the temperature of the sleep-retraining beanie. However, Kinsolving discloses during the subsequent optimal sleep session for the second user, automatically actuating second machine-executed controls in paragraphs [0013-0014] and [0031] and [0042] and [0046-0048] and Figure 3 (during the optimal sleep experience, controlling the conditions) comprising (i) outputting second sound ambience matched to detected EEG sleep-stage transitions in paragraphs [0013-0014] and [0017] and [0031] and [0035] and [0046-0048] (provide music or other sound patterns to guide the user into the appropriate sleep state), and (iii) regulating a temperature of the second sleep-retraining beanie, such that the subsequent optimal sleep session for the user is customized for the user in paragraphs [0013-0014] and [0019] and [0078] and Figures 6A and 6B (controlling temperature of the sleep sensing system (synonymous to a sleep-retraining beanie), such that the optimal sleep pattern for the user has an improved sleep quality relative to the normal sleep cycle (synonymous to the initial sleep session)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining method, as disclosed by Gill and Alqurashi, to be combined with outputting a sound ambience matched to detected EEG sleep-stage transitions and regulating the temperature of the sleep-retraining beanie, as disclosed by Kinsolving, for the purpose of improving sleep experience [0002].
The combination discloses Gill, Alqurashi, and Kinsolving discloses the concept of monitoring sleep-retraining beanies, but fails to disclose the concept of monitoring a plurality of sleep-retraining beanies associated with a plurality of users. However, Heeger discloses monitoring, via a second sleep-retraining beanie, electrical brain-activity for a second user, the electrical brain-activity for the second user being reflected in the form of brain-activity data for the second user in paragraphs [0078-0079] and Figure 3 (monitoring, via a sleep cap with sensors, brain activity, wherein a plurality of devices is monitored for a plurality of users); deriving, from the brain-activity data for the second user, a second hypnogram in paragraph [0056] (perform pattern recognition, from the brain activity for the plurality of users, to identify different stages of sleep (Examiner notes that performing pattern recognition to identify different stages of sleep from the brain activity indicates deriving a hypnogram)); receiving, via a second electronic device, physical-activity data for the second user in paragraphs [0076] and [0078-0079] and Figure 3 (receiving, via a physical performance/training monitor (synonymous to another electronic device), physical activity data for a plurality of users); determining, second user-specific physical-activity changes by comparing the physical- activity data for the second user to prior physical-activity data for the second user in paragraphs [0052] and [0075-0076] (comparing the physiological signals for the plurality of users to physiological signals of the user at a different time (Examiner notes that the physiological signals include the physical activity monitored by the physiological monitor, wherein the physiological monitor may be a physical performance/training monitor)); based on the second hypnogram, and the second user-specific physical-activity changes, automatically configuring a subsequent optimal sleep session for the second user by adjusting at least one of the second time parameters in paragraphs [0078-0079] and [0081] and [0084] and Figure 3 (based on the brain activity and physical activity for the plurality of users, provides recommendations to improve the individual's sleep (Examiner notes that the recommendation is customized to the specific individual indicating an optimal sleep session that is different from an optimal sleep session for the plurality of users)), such that the subsequent optimal sleep session for the second user is customized for the second user and is different than the optimal sleep session for the user in paragraphs [0078-0079] and [0081] and [0084] and Figure 3 (the recommendations to improve the individual's sleep (Examiner notes that the recommendation is customized to the specific individual indicating an optimal sleep session that is different from an optimal sleep session for the plurality of users)).
It would have been obvious to one of ordinary still in the art to include in the sleep-retraining method of Gill, Alquarshi, and Kinsolving with monitoring the second sleep-retraining beanie for the second user as taught by Heeger since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a sleep-retraining method that includes monitoring a plurality of sleep-retraining beanies for a plurality of users.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over GILL (WO-2021214640-A1)[hereinafter Gill], in view of ALQURASHI (US-20170360360-A1)[hereinafter Alqurashi], in view of Kinsolving et al. (US-20130234823-A1)[hereinafter Kinsolving], in view of Lai (US-8213670-B2)[hereinafter Lai].
As per Claim 16, Gill, Alqurashi, and Kinsolving disclose the sleep-retraining system of claim 15.
The combination of Gill, Alqurashi, and Kinsolving discloses the audio speakers, but does not disclose the audio speakers being in the form of wireless earbuds. However, Lai discloses wherein the one or more audio speakers are in the form of wireless earbuds in column 2 lines 55-64 and column 6 lines 6-10 (the audio input (synonymous to the one or more audio speakers), wherein the audio input are speakers, are in the form of wireless audio input (synonymous to wireless earbuds)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a sleep-retraining system, as disclosed by Gill, Alqurashi, Kinsolving, to be combined with the audio speakers being in the form of wireless earbuds, as disclosed by Lai, for the purpose of improving one's sleep quality [column 1 line 23-column 2 line 32].
Response to Arguments
Applicant's arguments, see Pages 8-9, “Claim Rejections - 35 USC § 101”, filed 11/25/2025 with respect to claims 1 and 11 have been fully considered and are persuasive. The claim rejections of claims 1 and 11 under section 101 has been withdrawn.
Applicant’s arguments, see Pages 9-11, “Claim Rejections - 35 USC § 103”, filed 11/25/2025 with respect to claims 1-20 have been fully considered.
With regards to claims 1-4 and, Applicant argues that no combination of Gowda in view of Larson discloses the amended limitations of claim 1. Additionally, in regards to claims 11-14, Applicant argues that no combination of Gowda in view of Alqurashi discloses the amended limitations of claim 1. Examiner finds this persuasive. Therefore, the rejection of 07/21/2025 has been withdrawn. However, upon further consideration a new grounds of rejection is made over Gill, in view of Alqurashi, in view of Kinsolving. As per the rejections of claims 5-7, 9, and 10, Applicant argues that no combination of Kahn, Alqurashi, MYLLYMAKI, and Heeger cures the deficiency of Gowda in view of Larson in regard to claim 1. Furthermore, in regards to the rejections of claims 15, 16, and 20, no combination Larson, Lai, and Kahn cures the deficiency of Gowda in view of ALQURASHI in regard to claim 11. Examiner points Applicant to the updated rejection and citations in the 103 rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sathyanarayana “Sleep Quality Prediction From Wearable Data Using Deep Learning” (2016) teaches on predicting the sleep quality given the physical activity wearable data during awake time.
Lack L “Intensive Sleep Re-Training: From Bench to Bedside” (2017) teaches on sleep re-training.
THIS ACTION IS MADE FINAL. 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.
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/K.N.W./Examiner, Art Unit 3682
/FONYA M LONG/Supervisory Patent Examiner, Art Unit 3682