DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status: Claims 1-20 are pending. Claims 3, 4, 7-12, 15, and 18-20 have been withdrawn from consideration for being directed to non-elected species.
Election/Restrictions
Applicant's election with traverse of Species 1 in the reply filed on April 17, 2026 is acknowledged.
The traversal is on the ground(s) that Applicant disagrees that different species have mutually exclusive characteristics for each identified species in fig. 3, para. [0062]. Applicant stated that fig. 3, para. [0062] is directed to a system that includes at least one external ABTT processor and internal ABTT processor that receives a plurality of inputs and provides a plurality of output to control a plurality of systems. Applicant further stated that the at least one external ABTT processor and internal ABTT processor can control a plurality of environmental systems and at least one body temperature modification device by outputting control signals. Therefore, Applicant stated that Fig. 3 should be considered a system that can contain all of the various subsystems, sensors, inputs and outputs, and thus, should not be restricted.
This is not found persuasive because the restriction was made based on claimed invention. The generic claims 1 and 13 only require one controlled/environmental sub-system. The listed species in Species Group I from Restriction Requirement mailed on March 17, 2026 are different species of environmental sub-system.
Applicant has not submitted evidence or identified such evidence now of record showing the species to be obvious variants or has not clearly admitted on the record that this is the case.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
The requirement is still deemed proper and is therefore made FINAL.
In the reply filed on April 17, 2026, Applicant stated that claims 1 and 5-8 and 13-20 are generic to the elected species.
However, Claims 3, 4, 7-12, 15, and 18-20 are directed to non-elected species as shown as following:
Claim 3 is directed to Species 2. Claim 4 is directed to Species 3. Claim 7 is directed to Species 6. Claim 8 is directed to Species 7. Claim 9 is directed to Species 10. Claim 10 is directed to Species 11. Claim 11 is directed to Species 12. Claim 12 is directed to Species 13. Claims 15 and 18 are directed to Species 14, 15, 16, 17, 8, and 2. Claims 19 and 20 are directed to Species 18.
Therefore, Claims 3, 4, 7-12, 15, and 18-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 17, 2026.
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, 2, 5, and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re Claims 1 and 5, in line 11 of claim 1 and in line 2 of claim 5, “the at least one external ABTT processor and internal ABTT processor” is indefinite, because it is unclear whether it is referring to “at least one of an external ABTT processor and an internal ABTT processor” in line 6 or whether it is requiring a plurality of processor including both external ABTT processor and internal ABTT processor.
Indefiniteness of claim 1 renders its dependent claim indefinite.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Youngblood (US 2018/0110960) in view of Abreu (US 2015/0105687A1).
Re Claims 1 and 6, Youngblood discloses a sleep enhancement system comprising:
a clock comprising a display configured to display time (para. [0267], the stress reduction and sleep promotion system includes an alarm clock);
a temperature sensor (para. [0123], body temperature sensor 720) configured to read a temperature signal of a user and transmit the temperature signal;
located within the clock, at least one of an external ABTT processor and an internal ABTT processor configured to receive and analyze the transmitted temperature signal from the temperature sensor (para. [0130], remote device 511 includes a processor 760, para. [0265], the stress reduction and sleep promotion system is operable to control the room temperature, the fan, the humidifier, and/or the dehumidifier settings (e.g., on/off, temperature up, temperature down). In one embodiment, the stress reduction and sleep promotion system is operable to change the settings through a third-party system and/or home automation system (e.g., Amazon® Alexa®, Apple® HomeKit™, Google® Home™, IF This Then That® (IFTTT®), Nest®).); and
an environmental sub-system attached to the clock (para. [0267], the stress reduction and sleep promotion system includes an alarm clock), the environmental sub-system configured to modify an area around the user (para. [0265], the stress reduction and sleep promotion system is operable to control the room temperature, the fan, the humidifier, and/or the dehumidifier settings);
wherein the at least one external ABTT processor and internal ABTT processor are configured, after receiving and analyzing the temperature signal transmitted by the temperature sensor (para. [0123], The body temperature sensor 720 measures core body temperature and/or skin temperature; para. [0214], During N3 sleep, brain temperature, breathing rate, heart rate, and blood pressure are each at their lowest levels), to send a signal to activate the environmental sub-system (para. [0265], the stress reduction and sleep promotion system is operable to control the room temperature, the fan, the humidifier, and/or the dehumidifier settings (e.g., on/off, temperature up, temperature down); para. [0219], At the end of the last sleep cycle, the temperature is increased (e.g., 0.278° C./minute (0.5° F./minute)) to gently awaken the user. Advantageously, gently awakening the user by increasing the temperature prevents sleep inertia; para. [0140], temperature modulation cycles are used to reduce insomnia. Insomnia may be caused by the core body temperature failing to drop or a delay of the drop in core body temperature. In one example, the surface temperature is 20° C. (68° F.) at the start of a sleep period, 17.78° C. (64° F.) during N1-N2 sleep, 15.56° C. (60° F.) during N3 sleep, 18.89° C. (66° F.) during REM sleep, and 20° C. (68° F.) to wake the user; para. [0174], The at least one remote device preferably has a mobile application that allows for the control unit 10 to vary the temperature of the mattress pad 11 according to a schedule of target temperatures selected to correlate with sleep cycles of the user. Such an arrangement promotes deeper, more restful sleep by altering body temperature at critical points.).
Youngblood discloses using brain temperature to assess the sleep stage (para. [0214], During N3 sleep, brain temperature, breathing rate, heart rate, and blood pressure are each at their lowest levels).
Youngblood disclose modifying user’s temperature to promote deeper, more restful sleep by altering body temperature at critical points (para. [0140], temperature modulation cycles are used to reduce insomnia. Insomnia may be caused by the core body temperature failing to drop or a delay of the drop in core body temperature. In one example, the surface temperature is 20° C. (68° F.) at the start of a sleep period, 17.78° C. (64° F.) during N1-N2 sleep, 15.56° C. (60° F.) during N3 sleep, 18.89° C. (66° F.) during REM sleep, and 20° C. (68° F.) to wake the user; para. [0174], The at least one remote device preferably has a mobile application that allows for the control unit 10 to vary the temperature of the mattress pad 11 according to a schedule of target temperatures selected to correlate with sleep cycles of the user. Such an arrangement promotes deeper, more restful sleep by altering body temperature at critical points; para. [0219], At the end of the last sleep cycle, the temperature is increased (e.g., 0.278° C./minute (0.5° F./minute)) to gently awaken the user. Advantageously, gently awakening the user by increasing the temperature prevents sleep inertia; Para. [0300], preferred wake time, fig. 33).
Youngblood does not expressly disclose a temperature sensor configured to read a brain temperature signal of a user by way of an Abreu Brain Thermal Tunnel (ABTT) terminus located between an eye and an eyebrow of the user, and transmit the brain temperature signal; at least one of an external ABTT processor and an internal ABTT processor configured to receive and analyze the transmitted brain temperature signal from the temperature sensor; wherein the at least one external ABTT processor and internal ABTT processor are configured, after receiving and analyzing the brain temperature signal transmitted by the temperature sensor, to send a signal to activate the environmental sub-system, wherein the clock is connected to an ABTT temperature modification device configured to modify a temperature of the ABTT terminus of the user.
Abreu discloses a temperature sensor configured to read a brain temperature signal of a user by way of an Abreu Brain Thermal Tunnel (ABTT) terminus located between an eye and an eyebrow of the user, and transmit the brain temperature signal (fig. 70, para. [0496], temperature monitoring system 8696, para. [0028], [0492], FIG. 16 is a graph showing a relationship between temperatures measured on the skin of a forehead and at the ABTT terminus during a sleep cycle of the same subject; para. [0494], [0495], Monitoring at the ABTT terminus site with the apparatus disclosed herein revealed brain thermal information during sleep that was previously unknown, including the level of temperature, thermal patterns, thermal signatures, and thermal gradients. The consistency with the decrease in brain metabolism that accompanies sleep was reflected only in ABTT temperature monitoring). Abreu discloses at least one of an external ABTT processor and an internal ABTT processor configured to receive and analyze the transmitted brain temperature signal from the temperature sensor; wherein the at least one external ABTT processor and internal ABTT processor are configured, after receiving and analyzing the brain temperature signal transmitted by the temperature sensor, to send a signal to activate the environmental sub-system, wherein the clock is connected to an ABTT temperature modification device configured to modify a temperature of the ABTT terminus of the user (para. [0495], [0496], fig. 70, Once the thermal sleep pattern as measured by temperature monitoring system 8696 starts to depart from the ideal thermal sleep pattern, the thermal signal is recognized by controller 8698 (based on comparison of the received signal with predetermined values for ideal sleep stored in non-transitory memory 8700). Controller 8698 is configured to recognize the abnormal temperature signal and then to activate a wireless transmitter 8702 included as a part of temperature monitoring system 8696. In an exemplary embodiment, wireless transmitter 8702 is a near field communication transmitter with a relatively short range, such as Bluetooth or Wi-Fi. Wireless transmitter 8702 transmits a temperature signal to a wireless receiver 8704 of thermal actuator 8692. Thermal actuator 8692 is chosen based on the need to cool or warm a subject to achieve an ideal sleep pattern. Thermal actuator 8692 includes a controller 8706. Controller 8706 is configured to identify the need to heat or cool a body 8708. If body 8708 needs cooled rather than heated, controller 8706, in an exemplary embodiment controller 8706 communicates with a cooling system 8710 to provide cooling to body 8708. Thus, controller 8706 is able to command heating or cooling to best match the temperature curve slope of the ABTT terminus characterizing an ideal sleep pattern.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Youngblood, by adding a temperature sensor configured to read a brain temperature signal of a user by way of an Abreu Brain Thermal Tunnel (ABTT) terminus located between an eye and an eyebrow of the user, and transmit the brain temperature signal; configuring at least one of an external ABTT processor and an internal ABTT processor to receive and analyze the transmitted brain temperature signal from the temperature sensor; wherein the at least one external ABTT processor and internal ABTT processor are configured, after receiving and analyzing the brain temperature signal transmitted by the temperature sensor, to send a signal to activate the environmental sub-system, wherein the clock is connected to an ABTT temperature modification device configured to modify a temperature of the ABTT terminus of the user, as taught by Abreu, for the purpose of promoting deeper, more restful sleep by altering body temperature at critical points creating an ideal sleep pattern (para. [0495], [0496]).
Re Claim 2, Youngblood discloses that the environmental sub-system is a spray or mist device configured to spray or mist a fluid in the direction of the user (para. [0146], a humidifier 780).
Re Claim 5, Youngblood discloses that wherein the system, on the basis of the analysis of the signal by the at least one external ABTT processor and internal ABTT processor, activates the environmental sub-system to begin an awakening process of the user (para. [0219], At the end of the last sleep cycle, the temperature is increased (e.g., 0.278° C./minute (0.5° F./minute)) to gently awaken the user. Advantageously, gently awakening the user by increasing the temperature prevents sleep inertia; para. [0245], [0246], Sounds can cause an individual to fall asleep, move between sleep stages, or wake; para. [0258], [0259], the stress reduction and sleep promotion system includes blue light in the morning to wake an individual and reduces the blue light at night to promote sleep; para. [0254], the stress reduction and sleep promotion system includes a scent generator to trigger relaxation and sleep and/or an awakened state).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 13, 14, 16, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Youngblood (US 2018/0110960).
Re Claim 13, Youngblood discloses a sleep enhancement system comprising:
a monitoring device configured to monitor at least one condition of a body of a user (para. [0124], The analyte sensor 721 monitors levels of an analyte in blood, sweat, or interstitial fluid; para. [0129], The environmental sensors 704 include an environmental temperature sensor 726);
a controlled sub-system configured to modify the environment of the user (para. [0265], the stress reduction and sleep promotion system is operable to control the room temperature, the fan, the humidifier, and/or the dehumidifier settings); and
at least one of an external Abreu Brain Thermal Tunnel (ABTT) processor and an internal ABTT processor configured to receive and analyze inputs from the monitor (para. [0130], The remote device 511 accepts data input from the body sensors 702 and/or the environmental sensors 704; para. [0131], the remote device 511 includes a user profile 736, historical subjective data 738, predefined programs 740, custom programs 741, historical objective data 742, and historical environmental data 744. The user profile 736 stores stress reduction and sleep promotion system preferences and information about the user, including but not limited to, age, weight, height, gender, medical history (e.g., sleep conditions, medications, diseases), fitness (e.g., fitness level, fitness activities), sleep goals, stress level, and/or occupational information (e.g., occupation, shift information); para. [0299], The global analytics engine 754 analyzes differences between the predicted values and optimized values. If the difference between the optimized values and the predicted values is greater than a threshold, then the simulation engine 758 determines optimized values of the monitored stress reduction and sleep promotion system based on the real-time data and user preferences.), and,
after receiving and analyzing the input received from the monitoring device, send a signal to control the controlled sub-system (para. [0265], the stress reduction and sleep promotion system is operable to control the room temperature, the fan, the humidifier, and/or the dehumidifier settings).
Re Claim 14, Youngblood discloses that the monitoring device is at least one selected from the group consisting of an ABTT monitor configured to monitor an ABTT temperature of the user, a thermal monitor configured to monitor heat generated by a temperature modification device, a temperature monitor configured to monitor the ambient temperature (para. [0129], The environmental sensors 704 include an environmental temperature sensor 726), and a multi-parameter monitor configured to monitor at least one of blood analytes, electrical currents, sweat, or blood enzymes (para. [0124], The analyte sensor 721 monitors levels of an analyte in blood, sweat, or interstitial fluid.).
Re Claims 16 and 17, Youngblood discloses a temperature modification device configured to modify the temperature of the user’s body, wherein the at least one temperature modification device includes a cooler, a heater, or a combination cooler and heater configured to be applied to the ABTT terminus, one or more extremities, a body, a head, or any combination thereof of the user (para. [0148]-[0153], the stress reduction and sleep promotion system 700 includes a mattress pad 11 to change the temperature of the sleep surface. The mattress pad 11 has two independent thermally regulated surface zones “A” and “B”, each containing internal flexible (e.g., silicon) tubing 14 designed for circulating heated or cooled fluid within a hydraulic circuit between the control unit 10 and the mattress pad 11.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VYNN V HUH whose telephone number is (571)272-4684. The examiner can normally be reached Monday to Friday from 9 am to 5 pm.
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/JONATHAN T KUO/Primary Examiner, Art Unit 3792
/V.V.H./
Vynn Huh, June 10, 2026Examiner, Art Unit 3792
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