Prosecution Insights
Last updated: April 19, 2026
Application No. 18/759,465

Sleep Cycle-Based Wearable Vibration Alarm System and Method

Non-Final OA §112
Filed
Jun 28, 2024
Examiner
PHAM, QUANG
Art Unit
2685
Tech Center
2600 — Communications
Assignee
Tavo Sleep LLC
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
380 granted / 699 resolved
-7.6% vs TC avg
Strong +57% interview lift
Without
With
+57.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
46 currently pending
Career history
745
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
75.5%
+35.5% vs TC avg
§102
7.1%
-32.9% vs TC avg
§112
9.9%
-30.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 699 resolved cases

Office Action

§112
DETAILED ACTION Notice of Pre-AIA or AIA Status In the present application, filed on or after March 16, 2013, claims 1-18 have been considered and examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statements (IDS) submitted on 11/26/2024 is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by Examiner. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (B) CONCLUSION – The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112(pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-18 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 pre-AIA the applicant regards as the invention. Claim 1 lacks antecedent basis for “the amount of time,” “the sequence number,” “said interval,” “the start time,” “the number of times,” “the current time,” “the current interval,” and “said user movement threshold,” in the limitations of “an alarm system to awaken a user, said system including: a processing system including a clock; a memory storing: a begin-analysis time; a begin-analysis time offset; an interval number; and a user movement threshold trigger; a sensor system receiving accelerometer data from an accelerometer affixed to a user; and an alarm system, wherein, once said processing system determines that said begin-analysis time has been reached using said clock, said processing system divides the amount of time indicated by said begin-analysis time offset by said interval number and stores in said memory an entry for each interval of said interval number including: the sequential number of said interval; the start time of said interval; and the number of times a user movement threshold trigger has been detected for said interval, wherein said processing system compares the current time received from said clock to said start time of said interval to determine the current interval, wherein said processing system receives said accelerometer data and when said accelerometer data indicates movement greater than said user movement threshold, said processing system increments and stores in memory the number of times a user movement threshold trigger has been detected for said interval, wherein, when the number of times a user movement threshold trigger has been detected for said current interval equals three, said processing system determines a previous interval by decrementing the sequential number of said current interval, wherein when the number of times a user movement threshold trigger has been detected for said previous interval also equals or exceeds three, said processing system initiates said alarm system to awaken said user.” Claim 1 is further rejected because it is not clear what limitations said processing system increments in the limitations of “said processing system increments and stores in memory the number of times a user movement threshold trigger has been detected for said interval.” Claims 2-9 are rejected because of being depended on a rejected claim 1. Claim 10 lacks antecedent basis for “the amount of time,” “the sequence number,” “said interval,” “the start time,” “the number of times,” “the current time,” “the current interval,” and “said user movement threshold,” in the limitations of “a method for activating an alarm system to awaken a user, said method including: storing in a memory: a begin-analysis time; a begin-analysis time offset; an interval number; and a user movement threshold trigger; receiving accelerometer data from an accelerometer affixed to a user at a processing system including a clock and in communication with said memory; wherein, once said processing system determines that said begin-analysis time has been reached using said clock, said processing system divides the amount of time indicated by said begin-analysis time offset by said interval number and stores in said memory an entry for each interval of said interval number including: the sequential number of said interval; the start time of said interval; and the number of times a user movement threshold trigger has been detected for said interval, wherein said processing system compares the current time received from said clock to said start time of said interval to determine the current interval, wherein said processing system receives said accelerometer data and when said accelerometer data indicates movement greater than said user movement threshold, said processing system increments and stores in memory the number of times a user movement threshold trigger has been detected for said interval, wherein, when the number of times a user movement threshold trigger has been detected for said current interval equals three, said processing system determines a previous interval by decrementing the sequential number of said current interval, activating an alarm system to awaken said user, using said processing system, when the number of times a user movement threshold trigger has been detected for said previous interval also equals or exceeds three. Claim 10 is further rejected because it is not clear what limitations said processing system increments in the limitations of “said processing system increments and stores in memory the number of times a user movement threshold trigger has been detected for said interval.” Claims 12-18 are rejected because of being depended on a rejected claim 10. Citation of Pertinent Art The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: Chuang et al., US 2023/0337971 A1, discloses detecting method for behavior disorder event during rapid eye movement sleep and detecting system thereof. Ikoma, US 11,523,770 B2, discloses systems and methods for itch monitoring and measurement. Harris et al., US 2020/0253547 A1, discloses monitoring system for assessing control of a disease state. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG PHAM whose telephone number is (571)-270-3668. The examiner can normally be reached 09:00 AM - 05:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, QUAN-ZHEN WANG can be reached at (571)-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /QUANG PHAM/Primary Examiner, Art Unit 2685
Read full office action

Prosecution Timeline

Jun 28, 2024
Application Filed
Jan 08, 2025
Response after Non-Final Action
Feb 20, 2026
Non-Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
99%
With Interview (+57.3%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 699 resolved cases by this examiner. Grant probability derived from career allow rate.

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