DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is responsive to the communication received on 07/03/2024. The claims 1-20 are pending, of which the claim(s) 1 & 11 is/are in independent form.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 & 11 is/are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Pinczuk (US 20220273234 A1).
Regarding claim 1, Pinczuk teaches a method of controlling [actions performed by the “control system 110”/910 using memory device 114/914] a temperature adjusting device [Fig. 9, “pad 960 including a heating element 962 and a cooling element 964”; in fig. 9, the pad is shown as item 980], the method comprising: (Figs. 1, 7, 10, [008, 0110]);
obtaining user sleep information [data from sensors 130s like temperature sensor 136 including “physiological” of the person sleeping] comprising at least one of a body temperature value [“temperature data indicative of (i) a temperature of the user 210 (e.g., core temperature and/or skin temperature) during the sleep session,”], a heart rate value [“generating or obtaining physiological data associated with a user using the one or more sensors 930 (FIG. 9)… brain activity, heart rate, sympathetic nerve”], or a respiration value [“data generated or obtained during step 701 using the one or more sensors 130 (FIG. 1) can include , for example, respiration data indicative of respiration of the user”] of a user ([091-092, 0113]);
determining [“step 702 can include analyzing the generated data from step 701 to determine that the user is sleeping (including, for example, a sleep state of the user) or that the user is awake.”, “analyzing the physiological data obtained or generated during step 1001 to determine a sleep state of the user using the control system 910”] a current sleep stage [“one or more sleep states, including wakefulness, relaxed wakefulness, micro…third non-REM stage (often referred to as “N3”), or any combination thereof”] of the user based on the user sleep information ([055, 091-092, 0114]);
determining [“Step 1003 can include lowering the temperature of the pad 960 using …exceeds a predetermined temperature threshold or range of values associated with a desired sleep state”] whether the body temperature value exceeds a body temperature range [“redetermined temperature threshold or range of values”] corresponding to the current sleep stage; and controlling [in “Step 1003” that lowers or increases temperature of the pad 960] at least one temperature adjusting device [Pad 960] based on a determination that the body temperature value exceeds the body temperature range ([0115-0116]). Thus, Pinczuk anticipates the invention of the claim 1.
Pinczuk teaches:
PNG
media_image1.png
559
453
media_image1.png
Greyscale
[0115] Step 1003 of the method 1000 includes modifying a temperature setting of the pad 960 based on the sleep state of the user determined during step 1002 to induce or prolong one or more of the sleep states described above. Each of these sleep states described above can be associated with temperature data based on previously recorded sleep states or a predetermined relationship. For example, each sleep state can be associated with a range of core body temperatures, a range of skin temperatures, a range of pillow temperatures, a range of ambient temperatures, or any combination thereof. Step 1003 can include lowering the temperature of the pad 960 using the cooling element 964 responsive to determining that the skin temperature, the core body temperature, the pillow temperature, or any combination thereof exceeds a predetermined temperature threshold or range of values associated with a desired sleep state. Conversely, step 1003 can include raising the temperature of the pad 960 using the heating element 962 responsive to determining that the skin temperature or core body temperature is lower than a predetermined threshold or range of values associated with a desired sleep state.
Regarding claim 11, Pinczuk teaches a server device [control system 910+ memory device 914 and the control system “can be centralized”] for controlling a temperature adjusting device [Pad 980 with heating element 962 and cooling element 964], the server device comprising: memory storing one or more computer programs; and one or more processors communicatively coupled to the memory, wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device to: (Fig. 9 [039]);
obtain [step 1001: obtaining physiological data] user sleep information comprising at least one of a body temperature value [“a skin temperature of the user, a core body temperature of the user”], a heart rate value, or a respiration value of a user, determine a current sleep stage [“determine a sleep state of the user using the control system 910…phasic REM sleep, tonic REM sleep, deep REM sleep, and/or light REM sleep”] of the user based on the user sleep information (Fig. 10, [0113-0114]),
determine whether the body temperature value exceeds a body temperature range corresponding to the current sleep stage, and control [“Step 1003 can include lowering the temperature of the pad 960 using the cooling element 964 responsive to determining that the skin temperature, the core body temperature, the pillow temperature, or any combination thereof exceeds a predetermined temperature threshold or range of values associated with a desired sleep state.”] at least one temperature adjusting device based on a determination that the body temperature value exceeds the body temperature range (Fig. 10, [0115-0116]). Thus, Pinczuk anticipates the invention of the claim 11.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1- 2, 10- 12, & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (KR 20230001926 A, Publication Date: 2023-01-05) in view of Pinczuk (US 20220273234 A1).
Regarding claim 11, Park teaches a server device [Fig. 1, item 100+150, “the temperature control device 150 may be implemented as a part of the sleep temperature control device 100”] for controlling a temperature adjusting device [“controlling a heating/cooling device, a humidifier, or a dehumidifier located in a sleeping space” of fig. 1], the server device [“temperature controller 100 may be implemented as a computing device including a memory and a processor.”] comprising: memory storing one or more computer programs; and one or more processors communicatively coupled to the memory, wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device to: (Figs. 1, [015, 057]);
obtain user sleep information comprising at least one of a body temperature value [“Temperature sensor 130 is located in various places such as the surface or inside of the bed matrix, one side of the bed frame, or the ceiling of the sleeping space where the bed 160 is located to measure the body temperature of the user lying on the bed 160”], a heart rate value [“device 100 uses the pressure sensor 140 located on the bed to determine the user's 300 breathing signal and heart rate signal”], or a respiration value [“sensor that measures both motion and a respiration signal (or biosignal)”] of a user, determine a current sleep stage [“temperature controller 100 determines the sleep stage based on the user's movement and/or biosignal identified through at least one sensor (S210)”] of the user based on the user sleep information ([012-013, 021, 026, 1041]),
d
control [“control device 100 controls the temperature of the sleeping space so that the user's body temperature becomes the optimal body temperature defined for each sleep stage (S220).”] at least one temperature adjusting device based on determined sleep stage of the user ([022-023, 0054]).
Park teaches its server device (controller 100+150) to control temperature of a sleeping space (see fig. 1) so that the user's body temperature reaches the optimal body temperature at each stage defined in the sleep mode ([054]).
However, Park may or may not teach how to handle situation when the body temperature value exceeds/deviates a body temperature range corresponding to the current sleep stage even though the appropriate body temperature should be maintained for the determined sleep stage. Thus, Park may or may not teach:
determine whether the body temperature value exceeds a body temperature range corresponding to the current sleep stage, and
its controlling the temperature adjusting device is based on a determination that the body temperature value exceeds the body temperature range as claimed and shown above with strikethrough emphasis.
Pinczuk relates to a server device [“control system 910” of a system 900 with a heating pad] adjusting temperature of a pad during sleep session depending on the detected sleep stage ([0109-0110]). Specifically, Pinczuk teaches a server device [item 910+914] for controlling a temperature adjusting device [pad 980], the server to: (Fig. 9);
determine whether [“Step 1003 can include lowering the temperature of the pad 960 using the cooling element 964 responsive to determining that the skin temperature, the core body temperature, the pillow temperature, or any combination thereof exceeds a predetermined temperature threshold or range of values associated with a desired sleep state”] the body temperature value exceeds a body temperature range corresponding to the current sleep stage based on obtained user sleep information, and control [“pad 960 using the cooling element 964” or “pad 960 using the heating element 962”] at least one temperature adjusting device based on a determination that the body temperature value exceeds the body temperature range ([0114-0116]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Pinczuk and Park because they both related to controlling temperature adjusting depending on detected sleep stage and (2) modify the server device/method of Park to determine whether the body temperature value exceeds a body temperature range corresponding to the current sleep stage and control at least one temperature adjusting device based on a determination that the body temperature value exceeds the body temperature range as in Pinczuk. Doing so even if the user’s body temperature deviates from the determined temperature for the detected sleep stage for any reasons such as changing ambient temperature conditions, the body temperature can be returned back to the appropriate body temperature for the given sleep stage (Pinczuk [0116]). Furthermore, Pinczuk teaches missing details for Park about how (e.g., activating heating or cooling) to maintain the temperature corresponding to the determined sleep stage of the user.
Regarding claim 12, Park in view of Pinczuk teaches the server device of claim 11, wherein the body temperature range is determined by using a correlation between a body temperature value of the user and a sleep stage of the user, and wherein the correlation is inferred by using an artificial intelligence model [“optimal body temperature for each user may be identified and stored through various statistical methods or machine learning methods”] that uses the body temperature value of the user and the sleep stage of the user as training data (Park [023-024, 041] & Pinczuk [0103]).
Regarding claim 20, Park in view of Pinczuk teaches/suggests the server device of claim 11, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device to:
obtain an indoor temperature value [“using environmental information” (like “an ambient temperature, a pillow temperature”)], and control the at least one temperature adjusting device based on a correlation between the indoor temperature value and the body temperature value (Park [040- 043] & Pinczuk [0113]).
Regarding claims 1- 2 & 10, Park in view of Pinczuk teaches/suggests inventions of these method claims for the similar reasons set forth above in claims 11-12 & 20 respectively.
Claim(s) 3- 9 & 13- 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Pinczuk, and further in view of Ando (JP 2022103846 A, Publication Date: 2022-07-08). The combination of Park, Pinczuk, and Ando are referred as PPA hereinafter.
Regarding claim 13, Park in view of Pinczuk teaches the server device of claim 12 maintaining temperature to the user sleeping inside a “sleeping space (e.g., a bedroom, etc.)” based on a determination that the body temperature value exceeds the body temperature range by changing operation of temperature adjusting devices like bed matrix or a pad 960 placed inside the closed space (Park, Fig. 1, [022] & Pinczuk [015]).
However, Park in view of Pinczuk still fails to teach its temperature control space to utilize at least one of an automatic door opening/closing device or an air conditioner as part of the temperature adjusting device as claimed. Thus, Park in view of Pinczuk fails to teach wherein the at least one temperature adjusting device comprises at least one of an automatic door opening/closing device or an air conditioner.
Ando teaches a server device 30/30A controlling a plurality of temperature adjusting devices 200-1 to 200-3 in a control space 110 installed in a building 100 to create a comfortable sleeping environment for a user based on user’s biometric information of the user (Fig. 1 & associated texts, Page 2). Specifically, Ando teaches a server device [“the information processing device 30”] for controlling a temperature adjusting device, wherein the at least one temperature adjusting device comprises [“an air conditioner 200-1, a lighting device 200-2, and a switchgear 200-3 are installed in the control space 110”] at least one of an automatic door opening/closing device [“control units 35 and 35A either open windows to perform passive air conditioning based”] or an air conditioner (Fig. 1, Pages 2-3, 10).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Ando and Park in view of Pinczuk because they both related to a server adjusting temperature of a sleeping area/room using one or more temperature adjusting devices to create a comfortable sleeping environment and (2) modify the sleep space of the users of the Park in view of Pinczuk to have utilized at least one of an automatic door opening/closing device or an air conditioner as temperature adjusting devices as in Ando. Doing so would provide additional flexibility (such as using of the well-known air conditioner or perform passive ventilation to save energy cost) in the system/method of Park in view of Pinczuk to maintain body temperature value within body temperature range corresponding to the current sleep stage (Ando, page 10). Accordingly, the combination of Park, Pinczuk, and Ando (PPA) teaches each elements of the claim and renders invention of this claim obvious to PHOSITA.
Regarding claim 14, PPA teaches/suggests the server device of claim 13, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device [items 100+150 of Park/item 30 of Ando] to: (Fig. 1 of Ando and Park)
obtain external environment information [“the control units 35 and 35A may control …information on temperature and humidity inside and outside the building and information such as weather, carbon dioxide amount, and carbon monoxide amount, or air conditioner 200-.”] comprising at least one of an external noise value, an external illuminance value, an external temperature value [temperature at outside the building], an external humidity value, or an external air quality value; determine whether to open a window or a room door based on the external environment information; and open the window or the room door by using the automatic door opening/closing device, based on a determination [“open windows to perform passive air conditioning” is based on comparison of information at “inside and outside”] to open the window or the room door (Ando, page 10).
Regarding claim 15, PPA teaches/suggests the server device of claim 14, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device to adjust a set temperature of the air conditioner, based on a determination not to open the window or the room door (Ando, page 10—obvious to try rationale—when passive air cannot be applied and user’s body needs to be further cooled, using of the already available air conditioner would be another possible choice).
Regarding claim 16, PPA teaches/suggests the server device of claim 15, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device to perform passive ventilation by opening windows to help user sleep better by controlling the temperature as set forth above.
While PPA teaches of reducing illuminance in the control space 110 when user is going in sleep session (Park, page 7), it still does not explicitly teach the server to determine whether the external illuminance value exceeds a threshold illuminance value corresponding to a change in the sleep stage of the user; and determine not to open the window or the room door, based on a determination that the external illuminance value exceeds the threshold illuminance value.
Per MEPE 2144.03, examiner takes an Official notice that the server to determine whether the external illuminance value exceeds a threshold illuminance value corresponding to a change in the sleep stage of the user; and determine not to open the window or the room door, based on a determination that the external illuminance value exceeds the threshold illuminance value is well-known in the art and would have been implicitly suggested by Ando’s disclosure (page 10) as well. This is so because PHOSITA knows that when the control space has increased brightness caused from outside light when it is too bright outside, the user cannot continue to sleep inside the building 100. Hence, the server 30 me made not to open the window or the room door, based on a determination that the external illuminance value exceeds the threshold illuminance value in order to avoid prematurely waking up the users while trying to control the temperature to help user sleep better/longer. Simply put, the invention of this claim would have been obvious to PHOSITA based on disclosure of PPA.
Regarding claim 17, PPA teaches/suggests the server device of claim 16 herein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device to perform passive ventilation by opening windows to help user sleep better by controlling the temperature as set forth above.
However, PPA does not explicitly teach (but nevertheless implicitly teaches) the server device to: determine whether the external noise value exceeds a threshold noise value corresponding to a change in the sleep stage of the user; and determine not to open the window or the room door, based on a determination that the external noise value exceeds the threshold noise value.
Per MEPE 2144.03, Examiner takes an Official notice that a server to “determine whether the external noise value exceeds a threshold noise value corresponding to a change in the sleep stage of the user; and determine not to open the window or the room door, based on a determination that the external noise value exceeds the threshold noise value” is a common knowledge in the art or is “Well-known”. Furthermore, this limitation would have been implicitly suggested by Ando’s disclosure (page 10) anyway since PHOSITA knows that in noisy environment, opening of the windows “to perform passive ventilation” will cause sleeping person to be disturbed and waken up early while trying to control temperature that is designed to help user sleep better. Simply put, based on the disclosure of PPA, the invention of the claim 17 would have been obvious to PHSOTIA before the filing of this application.
Regarding claim 18, PPA teaches/suggests the server device of claim 14, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device to:
obtain an indoor temperature value [“based on information on temperature and humidity inside and outside the building”]; compare [considering temperature of both inside and outside by the control unit 30 can be understood to compare the indoor and outdoor temperature] the indoor temperature value with the external temperature value; and determine whether to open the window or the room door, based on a result of comparing the indoor temperature value with the external temperature value (Ando, page 10).
Regarding claim 19, PPA teaches/suggests the server device of claim 14, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the server device to:
obtain an indoor temperature value; determine whether the indoor temperature value is lower than the external temperature value; determine not to open the window or the room door, based on a determination that the indoor temperature value is lower than the external temperature value; and determine to open the window or the room door, based on a determination that the indoor temperature value is higher than or equal to the external temperature value (Ando, page 10).
Regarding claims 3- 9, PPA teaches/suggests inventions of these method claims for the similar reasons set forth above in system/server claims 13- 19 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Jung (US 20160361515 A1) teaches the temperature adjustment system may operate based on a determined sleep stage and individual temperature sensitivity at operation 1450 ([0256]).
2) Yabunouchi et al. (US 20160018123 A1) teaches providing various passive air conditioning device and selecting an air conditioning device that require lowest amount of energy ([031, 0149]).
3) Gabriel et al. (US 10859985 B2) teaches when window shading devices are far less costly to operate and energy demanding than heating, cooling or air-conditioning devices, it is desirable and advantageous to obtain a control of the temperature of a room as accurate as possible using window shading devices (Col 2 lines 25-35).
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANTOSH R. POUDEL whose telephone number is (571)272-2347. The examiner can normally be reached Monday - Friday (8:30 am - 5:00 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, Kamini Shah can be reached at (571) 272-2279. 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.
/SANTOSH R POUDEL/ Primary Examiner, Art Unit 2115
1 “temperature controller 100 learns the optimal body temperature 910 for each sleep stage of the user based on the user's sleep stage and body temperature information accumulated over a certain period of time”
Prosecution Insights