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 .
Preliminary Amendment
Preliminary Amendment dated 07/30/2024 has been formally entered and claims 1-11,15 and 22-24 submitted with Preliminary Amendment dated 07/30/2024 are being examined on the merits.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: figure 11a is objected to for not including the following reference sign(s) “1112” mentioned in the description page 37 para [2].
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “1102” has been used to designate two different elements in figure 11a.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
“…tiking into account…” in page 30 of specification as-filed needs to be corrected. A suggested correction is – [[tiking]] taking into account --.
“ The attachment portion 806 is configured to attached the adult sleep tracker device 802 to a surface” in page 35 needs to be corrected. A suggested correction is -- The attachment portion 806 is configured to [[attached]] attach the adult sleep tracker device 802 to a surface--.
Appropriate correction is required.
The specification is objected to for not including any line numbers which makes the specification difficult to reference.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 1 line 3 “generate bady input data” needs to be corrected. A suggested correction is – generate [[bady]] body input data –.
Claim 4 include acronyms/abbreviations. At least first occurrence of each acronym/abbreviation should be spelled out in full.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claim 1-11,15 and 22-24are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 1 in each of line 13 and line 15 recites “the baby input data”. There is insufficient antecedent basis for this limitation in the claim. Additionally, it is unclear as to whether claim 1 in line 13 and line 15 is the same as or different than claim 1 line 3 “bady input data”.
Claim 1 in line 21 recites “an adult” which renders this claim unclear. More specifically, it is unclear as to whether claim 1 line 21 “an adult” is the same as different than or in addition to “an adult” recited in claim 1 line 20 and if different in what way the two differ.
Claim 1 in lines 15-16 “processing the adult input data, the baby input data, and the pumping input data using key performance indicators” which renders this claim unclear. More specifically, in the context used, it is unclear as to what is meant by “key performance indicators” and who or what preceding structure determines “key performance indicators”, what key performance is being measured. Examiner suggests further amending claim 1 to include the critical/ key performance indicators as enumerated in page 17 para. [4] and page 18 para. [1] along with page 5 last paragraph processor including control device subject-matter into claim 1 to cure this noted issue.
Claim 1 recites “wherein the baby sleep output comprises a future predicted sleep schedule for a baby, the adult sleep output comprises a recommended sleep schedule for an adult comprising sleep sessions and awake sessions, and the breast pumping output comprises a recommended breast pumping schedule for an adult” which renders this claim unclear. More specifically, it is unclear as who or what preceding structure generates and determines “a future predicted sleep schedule”, “a recommended sleep schedule” and “recommended breast pumping schedule” i.e. the adult, predetermined, a processor including control device or something else. Examiner suggests further including page 5 last paragraph processor including control device subject-matter in claim 1 to cure this issue.
Claim 6 recites “the contact-based sleep tracking sub-system”. There is insufficient antecedent basis for this limitation in the claim.
Claim 8-9 each recite “a baby” which renders this claim unclear. More specifically, it is unclear as to whether in claim 8-9 “a baby” is the same as, different than or in addition to “a baby” in claim 1 line 20 and if different in what way the two differ.
Claim 8 in each of line 4 and 5 recites “the baby” which renders this claim unclear. More specifically, it is unclear as to whether claim 8 lines 4-5 “the baby” is referencing claim 8 line 3 “a baby” and/or claim 1 line 20 “a baby”.
Claim 9 in each of line 4 and 5 recites “the baby” which renders this claim unclear. More specifically, it is unclear as to whether claim 9 lines 4-5 “the baby” is referencing claim 9 line 3 “a baby” and/or claim 1 line 20 “a baby”.
Claim 10 recites the limitation “…an electromechanically actuated bouncer or swing… and optionally wherein the baby sleep tracking device is physically integrated in the electromechanically actuated bouncer or swing" which renders this claim and scope of this claim unclear. The use of the word “optionally” in the claim language renders the claim indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention since it is not clear whether the limitation that follows the word "optionally” is required or not required.
Dependent claims 2-11,15 and 22-24 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 2-11,15 and 22-24 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification page 5, 11, 17-18, 21, 26, 28-31.
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
Contingently Allowable Subject-Matter
As per independent claim 1, independent claim 1 would be contingently allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action in addition to overcoming any other rejections/objections enumerated above.
As per dependent claims 2-11,15 and 22-24, dependent claims 2-11,15 and 22-24 would be contingently allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and by further including all of the limitations of the base claims and any intervening claims in addition to overcoming any other rejections/objections enumerated above.
As per dependent claims 2-11,15 and 22-24, dependent claims 2-11,15 and 22-24 each is being objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims in addition to overcoming any other rejections/objections enumerated above.
The following is a statement of reasons for the indication of allowable subject matter:
As per independent Claim 1, the prior art of record fails to disclose or render obvious a sleep tracking system, comprising: a baby sleep tracking device configured to track a baby's sleep patterns… an adult sleep tracker device configured to track an adult's sleep patterns … and a breast pump configured to generate pumping input data comprising one or more of: pumping time, pumping duration, pumping intensity, and milk volume produced, wherein the sleep tracking system is configured to generate a coordinated sleep schedule, wherein generating the coordinated sleep schedule comprises: receiving the adult input data; receiving the baby input data; receiving the pumping input data; processing the adult input data, the baby input data, and the pumping input data … and generating an adult sleep output, a baby sleep output, and a breast pumping output, wherein the baby sleep output comprises a future predicted sleep schedule for a baby, the adult sleep output comprises a recommended sleep schedule for an adult comprising sleep sessions and awake sessions, and the breast pumping output comprises a recommended breast pumping schedule for an adult, and wherein the sleep sessions are configured to not overlap with the recommended breast pumping schedule including all the other features, structures, specific arrangement and combination of features and structures in independent Claim 1.
Prior art US 20220167930 A1 to Hannula et al. discloses an intelligent baby caring method and arrangement that helps to recognize and maintain emotional interaction between mother and her baby and to improve the baby's life rhythm and calm and soothe him/her automatically when needed and help him/her to fall asleep and to wake up at the most convenient time and way. The aim is to help the mother with her baby to find optimal life and care rhythm. Hannula discloses on a platform with many sensors, sensor sheet, a transducer to produce acoustic and mechanical vibrations and an airflow blower. Sensors are also fixed to the mother and in the care room. A sleep/activity graph of the baby and sleep/emotion graph of the mother are measured and tracked with multimodal sensors and an artificial intelligence unit processes audio, motion and airflow actions given to the baby from the platform to help the baby to move from an improper to optimal sleep/activity level.
Prior art US 20180333523 A1 to Chang et al. discloses breast pump systems and methods for collecting milk from a breast of a nursing mother. More specifically, Chang discloses a pump system that can alternatively or additionally include built-in or computer or App based functionality to de-stress the user's life, empower the user to better take care of the nursing baby's health, maximize the user's mobility and freedom, and support all that is involved in becoming or being a parent. In Chang, pump system structure and functionality includes one or more of keying on pain points, physical conditions, sleep, pain relief, and post partum issues, tracking sleep, sensing and tracking baby vitals and movement, focusing on connected health with the mom as the caregiver, and/or providing education, guidance or instruction on movement and ways to carry a baby, fertility, post baby needs, health of the mom, ultrasound and fertility. The pump system can additionally include App integration with smart bottles, smart scales or the like to facilitate managing overall baby health and nutrition. App updates can additionally be provided about stimulation and letdown, and timing of pumping based upon such information, such as suggestion to begin pumping. System structure and functionality can also involve updating pumping profiles based upon baby age and needs, developing pumping functionality which enhance milk production, enhance efficiency or comfort or better mimic baby. Data can be stored in the cloud for analysis, and additional functionality can be provided to modify speeds and alternated between and among customized modes and profiles. Additional system provides to the user nighttime pump functionality or programming including automated sessions with starts and stops.
Prior art US 20210190351 A1 to Hilbig et al. discloses a system and method for improving sleep quality when a person in need and a caregivers are sleeping in the same room by alerting the caregivers based on the state of the person in need. More specifically, a system for alerting a second subject/parent based on a wellbeing state of a first subject/child when the first subject is sleeping in the same room as the second subject. An arrangement of sensors is used for sensing data from the first subject and a processor is configured to determine the presence of the first subject from the sensing data. Based on the first subject being present, the processor is further configured to determine the state of the first subject based on the sensing data from the arrangement of sensors and then determine whether to alert the second subject based on the state of the first subject. An alarm is provided for alerting the second subject.
Prior art US 11446466 B1 to Shvartzman et al. discloses computer-based system for soothing and feeding a baby. More specifically, Shvartzman discloses system that includes a memory, an optical subsystem, an audio system, a plurality of sensors outputting sensor data, a communication circuitry and a processor. The processor is configured to input to a baby-specific behavioral state detection machine learning model, image data, audio signal data, sensor data, and baby-specific personal data associated with the baby, to receive an output from the baby-specific behavioral state detection machine learning model that the baby is agitated and/or about to wake up, to transmit instructions based on the output that cause the audio system and/or the optical subsystem to perform at least one of (i) generate a soothing sound when the baby is agitated, (ii) generate a sleep-enhancing sound when the baby is about to wake up, or (iii) project a relaxing image to be viewed by the baby when the baby is agitated. Shvartzman also discloses baby feeding use case wherein the baby-specific behavioral state detection machine learning model is trained to output an indication that the baby is hungry, transmit an alert via the mobile device to the user (see FIGS. 2B and 2C) that the baby is hungry, and to transmit instructions to the foodstuff temperature controller to set the change the predefined temperature of the foodstuff to feed the baby.
Prior art US 20080157981 A1 to Clair discloses a baby schedule tracking and storage device. The device is self contained device having a display and a plurality of selectable buttons that each signifying a particular event. When the event occurs, the corresponding is depressed and the event along with the time and date is stored. The data can then be downloaded to a computing device to compile the events and provide numerical and or graphical information regarding the various events. The device further includes additional functionality that allows entry of finite information such as quantity, breast being used, volume and or diet consumed and expelled.
Prior art US 20190130720 A1 to Lui discloses systems and methods for a machine learning baby monitor that include a deep learning baby monitor that can recognize one's baby and monitor the baby's emotions. The components of the baby monitor and baby monitor operation manager facilitate the detection of different states and positions the baby is in based on analyses of images of the baby captured by the baby monitor using machine learning techniques and communicate information regarding such detection, such as alerts to remote devices, such as mobile devices of a user.
Prior art US 20220015695 A1 to Margarito et al. discloses apparatus and method for predicting the occurrence of sleep disorders, and particularly insomnia, by long term monitoring of daily habits causing stress and sleep reactivity in conjunction with predisposing factors in insomnia, and by coaching for correcting behaviors that can trigger the sleep disorder's occurrence and suggesting interventions to mitigate the problem.
Prior art US 20150201846 A1 to Maiershon et al. discloses methods and devices for providing information indicative of a stress situation in a baby, and in some embodiment, notifying a caregiver of such a situation.
Prior art US 20160035205 A1 to Messenger disclose system for monitoring a user that includes a transmitter positioned in a first location, a sensor system, first and second monitoring devices, a controller and an application. The sensor system collects data including sound and image data of the user, the user's vital data, and ambient condition data and transmits the collected data wirelessly to the transmitter. The first and second monitoring devices communicate wirelessly with the transmitter and are worn by first and second caregivers of the user, respectively, that are located in a second location that is different from the first location. The controller is located in the second location and communicates wirelessly with the first and second monitoring devices and the transmitter. The transmitter transmits wirelessly live data feeds to the first and second monitoring devices and to the controller and the live data feeds include the sound and image data of the user and the user's vital data. The application includes an analyzer that analyzes the live data feeds and determines whether any of the collected data has a value above a predetermined threshold or out of a predetermined range and sends an alarm notification to at least one of the first and second monitoring devices in cases when at least one of the collected data has a value above a predetermined threshold or out of a predetermined range.
However, patentable subject-matter as now explicitly, positively and specifically recited by the Applicants in independent device claims 1 has neither been disclosed nor is rendered obvious by the prior art of record.
Additionally, as per dependent claims 2-11,15 and 22-24, dependent claims 2-11,15 and 22-24 would be contingently allowable based on their direct/indirect dependency on contingently allowable respective base claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20200281521 A1 to Cail discloses an apparatus, system, and method for monitoring sleep patterns for example that of an infant in a crib similar to that disclosed. More specifically, an assembly that has a sleep pattern module, comprising computer-executable code stored in non-volatile memory, a processor, a sensor array, and a device array. The sleep pattern module, the processor, the sensor array, and the device array are configured to sense data of a sleep subject using the sensor array, process the sensed data, issue an alert to a guardian of the sleep subject based on the processed data, control the device array based on the processed data, and provide sleep pattern modification recommendations to the guardian of the sleep subject based on the processed data.
Prior art US 20180361040 A1 to O’Toole et al. discloses breast pump system for extracting milk from a mother similar to that disclosed. More specifically, breast pump system including a housing shaped at least in part to fit inside a bra and a piezo air-pump. The piezo air-pump is fitted in the housing and forms part of a closed loop system that drives a separate, deformable diaphragm to generate negative air pressure. The diaphragm is removably mounted on a breast shield.
Prior art US 20190224443 A1 to Jantunen discloses apparatus and methods associated with adjusting the sleep habits of a plurality of users similar to that disclosed. More specifically, apparatus comprising: at least one processor; and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform at least the following: receive respective sleep profiles of a plurality of users, each sleep profile comprising recorded sleep phases of a sleep session of a respective user of the plurality of users, receive a target sleep outcome of the plurality of users; and based on the respective sleep profiles and the target sleep outcome, determine one or more respective sleep adjustments for provision to at least one of the respective plurality of users, the respective sleep adjustments comprising stimuli configured to attempt to adjust a respective user's sleep during one or more of the respective user's sleep session and a subsequent sleep session, in an attempt to achieve, at least in part, the target sleep outcome of the plurality of users.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791
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