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 .
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 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.
Claim Objections
Claim 15 is objected to because of the following informalities: In line 3 of claim 15, “to awake” should read as “to be awake”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine
grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-14 are rejected on the ground of nonstatutory double patenting over claims 1-10 of U.S. Patent No.11503918 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Instant Application
U.S. Patent No. 11503918 B2
A method for conditioning a sleep environment, comprising: receiving an indication that a user is on a sleep surface; and after receiving the indication that the user is on the sleep surface, setting at least a portion of the sleep surface to a first temperature for a first period of time, the first period of time being less than a total period of time the user is expected to be asleep on the sleep surface during a sleep session; wherein the setting of the at least the portion of the sleep surface to the first temperature occurs after receiving an indication that the user is asleep on the sleep surface.
The method of claim 1, wherein the first temperature is lower than a stable temperature of the sleep surface after the user is on the sleep surface and before the at least a portion of the sleep surface is set to the first temperature.
The method of claim 1, wherein the first temperature is lower than a temperature at the sleep surface at a time of receipt of the indication that the user is asleep on the sleep surface.
The method of claim 1, wherein the indication that the user is asleep on the sleep surface is based on information from biometric sensors.
The method of claim 4, further comprising determining sleep stages of the user through processing of information from the biometric sensors.
The method of claim 5, wherein the first period of time concludes at a time the determined sleep stage of the user is a REM-dominant sleep stage.
The method of claim 6, further comprising: determining an amount of time the user experienced slow wave sleep stages during the first period of time; for a subsequent sleep session, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to a second temperature for the first period of time during the subsequent sleep session; determining an amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session; determining that amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time; and in response to determining that the amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions.
The method of claim 5, wherein the first temperature is based on a stored first value indicating the first temperature, and further comprising: storing an indication of amount of time for which the user is in a slow wave sleep stage during the first period of time; subsequently setting the portion of the sleep surface to a different temperature, for at least a second period of time; determining that an amount of time the user is in a slow wave sleep stage in the second period of time with the sleep surface set to the different temperature is greater than the amount of time the user is in the slow wave sleep stage during the first period of time; and in response to the determination regarding the amounts of time the user is in the slow wave sleep stage, setting the first value to a value reflecting the different temperature.
The method of claim 8, wherein the subsequently setting the portion of the sleep surface to the different temperature occurs during a subsequent sleep session to the setting the portion of the sleep surface to the first temperature.
10. The method of claim 8, further comprising, for a time after setting the first value to the value reflecting the different temperature, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to the different temperature.
11. The method of claim 8, wherein the different temperature is up to 5 degrees Fahrenheit below the first temperature.
12. The method of claim 1, further comprising setting the portion of the sleep surface to a third temperature prior to a time the user is expected to sleep on the sleep surface, wherein the third temperature is greater than the first temperature.
13. The method of claim 1, wherein the portion of the sleep surface is set to the first temperature by heating or cooling the sleep surface.
14. (Original) The method of claim 13, wherein the heating or cooling of the sleep surface is performed using a thermoelectric device.
A method for conditioning a sleep environment, comprising: receiving an indication that a user is on a sleep surface; after receiving the indication that the user is on the sleep surface, setting at least a portion of the sleep surface to a first temperature for a first period of time, the first period of time being less than a total period of time the user is expected to be asleep on the sleep surface during a sleep session; wherein the setting of the at least the portion of the sleep surface to the first temperature occurs after receiving an indication that the user is asleep on the sleep surface; wherein the indication that the user is asleep on the sleep surface is based on information from biometric sensors; wherein the method further comprises determining sleep stages of the user through processing of information from the biometric sensors; wherein the first period of time concludes at a time the determined sleep stage of the user is a REM-dominant sleep stage; wherein the method further comprises: determining an amount of time the user experienced slow wave sleep stages during the first period of time; for a subsequent sleep session, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to a second temperature for the first period of time during the subsequent sleep session; determining an amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session; determining that amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time; and in response to determining that the amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions.
The method of claim 1, wherein the first temperature is lower than a stable temperature of the sleep surface after the user is on the sleep surface and before the at least a portion of the sleep surface is set to the first temperature.
3. The method of claim 1, wherein the first temperature is lower than a temperature at the sleep surface at a time of receipt of the indication that the user is asleep on the sleep surface.
A method for conditioning a sleep environment, comprising: receiving an indication that a user is on a sleep surface; after receiving the indication that the user is on the sleep surface, setting at least a portion of the sleep surface to a first temperature for a first period of time, the first period of time being less than a total period of time the user is expected to be asleep on the sleep surface during a sleep session; wherein the setting of the at least the portion of the sleep surface to the first temperature occurs after receiving an indication that the user is asleep on the sleep surface; wherein the indication that the user is asleep on the sleep surface is based on information from biometric sensors; wherein the method further comprises determining sleep stages of the user through processing of information from the biometric sensors; wherein the first period of time concludes at a time the determined sleep stage of the user is a REM-dominant sleep stage; wherein the method further comprises: determining an amount of time the user experienced slow wave sleep stages during the first period of time; for a subsequent sleep session, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to a second temperature for the first period of time during the subsequent sleep session; determining an amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session; determining that amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time; and in response to determining that the amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions.
A method for conditioning a sleep environment, comprising: receiving an indication that a user is on a sleep surface; after receiving the indication that the user is on the sleep surface, setting at least a portion of the sleep surface to a first temperature for a first period of time, the first period of time being less than a total period of time the user is expected to be asleep on the sleep surface during a sleep session; wherein the setting of the at least the portion of the sleep surface to the first temperature occurs after receiving an indication that the user is asleep on the sleep surface; wherein the indication that the user is asleep on the sleep surface is based on information from biometric sensors; wherein the method further comprises determining sleep stages of the user through processing of information from the biometric sensors; wherein the first period of time concludes at a time the determined sleep stage of the user is a REM-dominant sleep stage; wherein the first temperature is based on a stored first value indicating the first temperature, and the method further comprises: storing an indication of amount of time for which the user is in a slow wave sleep stage during the first period of time; subsequently setting the portion of the sleep surface to a different temperature, for at least a second period of time; determining that an amount of time the user is in a slow wave sleep stage in the second period of time with the sleep surface set to the different temperature is greater than the amount of time the user is in the slow wave sleep stage during the first period of time; and in response to the determination regarding the amounts of time the user is in the slow wave sleep stage, setting the first value to a value reflecting the different temperature.
The method of claim 4, wherein the subsequently setting the portion of the sleep surface to the different temperature occurs during a subsequent sleep session to the setting the portion of the sleep surface to the first temperature.
The method of claim 4, further comprising, for a time after setting the first value to the value reflecting the different temperature, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to the different temperature.
The method of claim 4, wherein the different temperature is up to 5 degrees Fahrenheit below the first temperature.
The method of claim 1, further comprising setting the portion of the sleep surface to a third temperature prior to a time the user is expected to sleep on the sleep surface, wherein the third temperature is greater than the first temperature.
The method of claim 1, wherein the portion of the sleep surface is set to the first temperature by heating or cooling the sleep surface.
10. The method of claim 9, wherein the heating or cooling of the sleep surface is performed using a thermoelectric device.
Claims 1-14 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1-10 of U.S. Patent No. 11503918 (hereinafter referred to as Tsern)
Regarding claim 1, claim 1 of Tsern teaches verbatim all the limitations of the pending applications claim, specifically, a method for conditioning a sleep environment, comprising: receiving an indication that a user is on a sleep surface; and after receiving the indication that the user is on the sleep surface, setting at least a portion of the sleep surface to a first temperature for a first period of time, the first period of time being less than a total period of time the user is expected to be asleep on the sleep surface during a sleep session; wherein the setting of the at least the portion of the sleep surface to the first temperature occurs after receiving an indication that the user is asleep on the sleep surface.
In addition to more specific limitations stating, based on information from biometric sensors; wherein the method further comprises determining sleep stages of the user through processing of information from the biometric sensors; wherein the first period of time concludes at a time the determined sleep stage of the user is a REM-dominant sleep stage; wherein the method further comprises: determining an amount of time the user experienced slow wave sleep stages during the first period of time; for a subsequent sleep session, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to a second temperature for the first period of time during the subsequent sleep session; determining an amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session; determining that amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time; and in response to determining that the amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions.
Even though more specific limitations are further added to the claimed invention, the scope of the applications independent claim is covered in its entirety and thereby obviously satisfies the non-statutory double patenting rejection
Regarding claim 2, claim 2 of Tsern’s teaching recites the limitations of the pending application, specifically the method of claim 1, wherein the first temperature is lower than a stable temperature of the sleep surface after the user is on the sleep surface and before the at least a portion of the sleep surface is set to the first temperature, as claimed.
Regarding claim 3, claim 3 of Tsern’s teaching recites the limitations of the pending application, specifically, the method of claim 1, wherein the first temperature is lower than a temperature at the sleep surface at a time of receipt of the indication that the user is asleep on the sleep surface.
Regarding claim 4, claim 1 of Tsern in addition tother limitations recites the limitations of the pending applications claim4, specifically, the method of claim 1, wherein the indication that the user is asleep on the sleep surface is based on information from biometric sensors.
Regarding claim 5, claim 1 of Tsern in addition to other limitations recites the limitations of the pending applications claim 5, specifically, the method of claim 4, further comprising determining sleep stages of the user through processing of information from the biometric sensors.
Regarding claim 6, claim 1 of Tsern in addition to other limitations recites the limitations of the pending applications claim 6, specifically, the method of claim 5, wherein the first period of time concludes at a time the determined sleep stage of the user is a REM-dominant sleep stage.
Regarding claim 7, claim 1 of Tsern in addition to other limitations recites the limitations of the pending applications claim 7, specifically, the method of claim 6, further comprising: determining an amount of time the user experienced slow wave sleep stages during the first period of time; for a subsequent sleep session, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to a second temperature for the first period of time during the subsequent sleep session; determining an amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session; determining that amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time; and in response to determining that the amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions.
Regarding claim 8, claim 4 of Tsern in addition to other limitations recites the limitations of the pending applications claim 8, specifically, the method of claim 5, wherein the first temperature is based on a stored first value indicating the first temperature, and further comprising: storing an indication of amount of time for which the user is in a slow wave sleep stage during the first period of time; subsequently setting the portion of the sleep surface to a different temperature, for at least a second period of time; determining that an amount of time the user is in a slow wave sleep stage in the second period of time with the sleep surface set to the different temperature is greater than the amount of time the user is in the slow wave sleep stage during the first period of time; and in response to the determination regarding the amounts of time the user is in the slow wave sleep stage, setting the first value to a value reflecting the different temperature.
Regarding claim 9, claim 5 of Tsern recites the limitations of the pending applications claim 9, specifically, the method of claim 8, wherein the subsequently setting the portion of the sleep surface to the different temperature occurs during a subsequent sleep session to the setting the portion of the sleep surface to the first temperature.
Regarding claim 10, claim 6 of Tsern recites the limitations of the pending applications claim 10, specifically, the method of claim 8, further comprising, for a time after setting the first value to the value reflecting the different temperature, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to the different temperature.
Regarding claim 11, claim 7 of Tsern recites the limitations of the pending applications claim 11, the method of claim 8, wherein the different temperature is up to 5 degrees Fahrenheit below the first temperature.
Regarding claim 12, claim 8 of Tsern recites the limitations of the pending applications claim 12, the method of claim 1, further comprising setting the portion of the sleep surface to a third temperature prior to a time the user is expected to sleep on the sleep surface, wherein the third temperature is greater than the first temperature.
Regarding claim 13, claim 9 of Tsern recites the limitations of the pending applications claim 13, the method of claim 1, wherein the portion of the sleep surface is set to the first temperature by heating or cooling the sleep surface.
Regarding claim 14, claim 10 of Tsern recites the limitations of the pending applications claim 14, the method of claim 13, wherein the heating or cooling of the sleep surface is performed using a thermoelectric device.
Claims 15-18 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11503918 (hereinafter referred to as Tsern) in view of Scorcioni (US 20160136385 A1).
Regarding claim 15,Tsern fails to teach setting the portion of the sleep surface to a fourth temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the fourth temperature a predetermined time before the user is expected to awake.
Scorcioni on the other hand teaches the portion of the sleep surface to a fourth temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the fourth temperature a predetermined time before the user is expected to be awake (Paragraph 168; Figure 6C), i.e. a fourth event time 84, corresponding to an upward transition between Stage four 49 and Stage three 48, the thermal-comfort profile 54 increases even more slightly, setting the temperature to a minimum value corresponding to that fourth stage.
It would have been obvious during the time of the said invention, to combine Scorcioni’s teaching with Tsern’s teaching in order to more efficiently monitor a user’s sleep patterns.
Regarding claim 16, Tsern fails to teach the predetermined time before the user is expected to awake is longer than the time it takes for the sleep surface to reach the fourth temperature, such that the fourth temperature is reached before the user is expected to awake.
Scorcioni on the other hand teaches the predetermined time before the user is expected to awake is longer than the time it takes for the sleep surface to reach the fourth temperature (Figure 6D (50)), such that the fourth temperature is reached before the user is expected to awake (Paragraph 175).
It would have been obvious during the time of the said invention, to combine Scorcioni’s teaching with Tsern’s teaching in order to more efficiently monitor a user’s sleep patterns.
Regarding claim 17, Tsern fails to teach determining that a sleep stage of the user was not a lightest sleep stage immediately prior to awakening; and in response to the determination, setting the predetermined time to an earlier time for subsequent sleep sessions.
Scorcioni on the other hand teaches determining that a sleep stage of the user was not a lightest sleep stage immediately prior to awakening (Paragraph 175), i.e. the last sleep sub-cycle to include deep sleep. Furthermore, Scorcioni teaches in response to the determination, setting the predetermined time to an earlier time for subsequent sleep sessions, i.e. sleep cycle 50 may be generalized for a nonspecific user or for a class of users (e.g. based on age, general health, acute health condition, etc.), or may be adapted to a particular user. Furthermore, sleep cycle 50 may be varied over time, for example, in response to one or more users' feedback (e.g., provided by a user, collected historically, etc.), in real time (e.g., empirical measurement of sleep phases), in response to learning algorithms, in response to transitory conditions (seasons, weather, health conditions), or in response to other modifying factors (paragraph 119), further enabling setting the predetermined time to an earlier time for subsequent sleep sessions.
It would have been obvious during the time of the said invention, to combine Scorcioni’s teaching with Tsern’s teaching in order to more efficiently monitor a user’s sleep patterns
Regarding claim 18, Tsern fails to teach determining that a sleep stage of the user was not a lightest sleep stage immediately prior to awakening; and in response to the determination, setting the fourth temperature with a temperature higher than the fourth temperature for subsequent sleep sessions.
Scorcioni on the other hand teaches determining that a sleep stage of the user was not a lightest sleep stage immediately prior to awakening (Paragraph 175), i.e. the last sleep sub-cycle to include deep sleep . Furthermore, Scorcioni teaches in response to the determination setting the fourth temperature with a temperature higher than the fourth temperature for subsequent sleep sessions, i.e. sleep cycle 50 may be generalized for a nonspecific user or for a class of users (e.g. based on age, general health, acute health condition, etc.), or may be adapted to a particular user. Furthermore, sleep cycle 50 may be varied over time, for example, in response to one or more users' feedback (e.g., provided by a user, collected historically, etc.), in real time (e.g., empirical measurement of sleep phases), in response to learning algorithms, in response to transitory conditions (seasons, weather, health conditions), or in response to other modifying factors (paragraph 119), further enabling setting the fourth temperature with a temperature higher than the fourth temperature for subsequent sleep sessions.
It would have been obvious during the time of the said invention, to combine Scorcioni’s teaching with Tsern’s teaching in order to more efficiently monitor a user’s sleep patterns
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.
Claim(s) 1-6, 12-18 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Scorcioni (US 20160136385 A1).
In regards to claim 1, Scorcioni teaches a method for conditioning a sleep environment comprising receiving an indication that the user is on a sleep surface (Paragraphs 27, 28), i.e. a system for thermally conditioning a sleep environment (hereinafter “thermal system”), including a heat exchanger 200 and a controller 500, reference may be made to a “top” side, direction, or surface; “top” is conveniently defined to correspond to an uppermost elevation when the thermal system.
Scorcioni further teaches after receiving the indication that the user is on the sleep surface, setting at least a portion of the sleep surface to a first temperature for a first period of time, i.e. a pre-sleeping mode/period as well as user preset time periods for sleep aiding periods to fully asleep periods to wake up periods (Paragraph 30, 118), the first period, i.e. the pre-sleep or sleep aid period, being less than the total time the user is expected to be asleep on the sleep surface during a sleep session (Paragraph 30, 120, 123).
Furthermore, Scorcioni teaches the setting of the at least the portion of the sleep surface to a first temperature for a first period of time, i.e. a pre-sleeping mode/period as well as user preset time periods for sleep aiding periods to fully asleep periods to wake up periods (Paragraph 30, 118), the first period( the pre-sleep or sleep aid period), being less than the total time the user is expected to be asleep on the sleep surface during a sleep session (Paragraph 30, 120, 123).
Furthermore, Scorcioni teaches the setting of the at least the portion of the sleep surface to the first temperature occurs after receiving an indication that the user is asleep on the sleep surface, i.e. in response to the determination that the user has fallen asleep, the thermal system may then adjust according to the said sleep determination(Paragraph 118-120).
In regards to claim 2, Scorcioni teaches the first temperature (71 degrees) is lower than a stable temperature of the sleep surface after the user is on the sleep surface (72 degrees) and before the at least a portion of the sleep surface is set to the first temperature (70 degrees) (Paragraph 123).
In regards to claim 3, Scorcioni teaches the first temperature (70-71 degrees) is lower than a temperature at the sleep surface at a time of receipt of the indication that the user is asleep (72 degrees) on the sleep surface (Paragraph 123)
In regards to claim 4, Scorcioni teaches the indication that the user is asleep on the sleep surface is based on information from biometric sensors (Paragraphs 42, 94), i.e. sensors for user presence detection, body position/motion, pulse (heartbeat), breathing, muscle tone/signaling, blood oxygenation, brainwave activity (EEG Electroencephalograph), skin conductance/skin humidity, and other sensors commonly associated with measuring the sleep state. .
In regards to claim 5, Scorcioni teaches determining sleep stages of the user through processing of information from the biometric sensors (Paragraphs 164-166), i.e. information such as the sleep sub-cycles 40-44, sleep is commonly divided into two broad types, rapid eye movement sleep (REM) and non-rapid eye movement (NREM) sleep. During sleep, the body cycles between non-REM and REM sleep. REM is treated as one phase or “stage”, and NREM is further divided into four stages, which correspond to the depth of sleep. For example, Stage one and Stage two are considered “light sleep”, and Stage three and Stage four are considered “deep sleep” or slow-wave sleep (SWS).
In regards to claim 6, Scorcioni teaches the thermal system being adaptable to the different stages of the users sleep period (Paragraphs 164, 165), further enabling a period (first) period of time ending/concluding at a time the determined sleep stage of the user is a REM-dominant stage.
In regards to claim 12, Scorcioni teaches setting the portion of the sleep surface to a third temperature (72 degrees) prior to a time the user is expected to sleep on the sleep surface, wherein the third temperature was greater than the first temperature (70 degrees) (Figure 6D (55)).
In regards to claim 13, Scorcioni teaches the portion of the sleep surface is set to the first temperature by heating or cooling the sleep surface (Paragraphs 32, 34), i.e. he heat exchanger 200 may be further controlled by the controller 500 such that the heating and cooling follows a thermal-comfort profile.
In regards to claim 14, Scorcioni teaches the heating or cooling of the sleep surface being performed using a thermoelectric device (Paragraphs 36, 39), i.e. the heat exchanger 200 may include a convection cooler and an electrical blanket or electrical pad, wherein the user 10 can be cooled by air blown under the blanket (i.e., between the mattress and bed cover or through the mattress) and warmed by the electrical blanket or electrical pad.
In regards to claim 15, Scorcioni teaches the portion of the sleep surface to a fourth temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the fourth temperature a predetermined time before the user is expected to be awake (Paragraph 168; Figure 6C), i.e. a fourth event time 84, corresponding to an upward transition between Stage four 49 and Stage three 48, the thermal-comfort profile 54 increases even more slightly, setting the temperature to a minimum value corresponding to that fourth stage.
In regards to claim 16, Scorcioni teaches the predetermined time before the user is expected to awake is longer than the time it takes for the sleep surface to reach the fourth temperature (Figure 6D (50)), such that the fourth temperature is reached before the user is expected to awake (Paragraph 175).
In regards to claim 17, Scorcioni teaches determining that a sleep stage of the user was not a lightest sleep stage immediately prior to awakening (Paragraph 175), i.e. the last sleep sub-cycle to include deep sleep. Furthermore, Scorcioni teaches in response to the determination, setting the predetermined time to an earlier time for subsequent sleep sessions, i.e. sleep cycle 50 may be generalized for a nonspecific user or for a class of users (e.g. based on age, general health, acute health condition, etc.), or may be adapted to a particular user. Furthermore, sleep cycle 50 may be varied over time, for example, in response to one or more users' feedback (e.g., provided by a user, collected historically, etc.), in real time (e.g., empirical measurement of sleep phases), in response to learning algorithms, in response to transitory conditions (seasons, weather, health conditions), or in response to other modifying factors (paragraph 119), further enabling setting the predetermined time to an earlier time for subsequent sleep sessions.
In regards to claim 18, Scorcioni teaches determining that a sleep stage of the user was not a lightest sleep stage immediately prior to awakening (Paragraph 175), i.e. the last sleep sub-cycle to include deep sleep . Furthermore, Scorcioni teaches in response to the determination setting the fourth temperature with a temperature higher than the fourth temperature for subsequent sleep sessions, i.e. sleep cycle 50 may be generalized for a nonspecific user or for a class of users (e.g. based on age, general health, acute health condition, etc.), or may be adapted to a particular user. Furthermore, sleep cycle 50 may be varied over time, for example, in response to one or more users' feedback (e.g., provided by a user, collected historically, etc.), in real time (e.g., empirical measurement of sleep phases), in response to learning algorithms, in response to transitory conditions (seasons, weather, health conditions), or in response to other modifying factors (paragraph 119), further enabling setting the fourth temperature with a temperature higher than the fourth temperature for subsequent sleep sessions.
Allowable Subject Matter
Claim 7 is 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, as well as overcoming the grounds of the non-statutory double patenting over U.S. Patent No.11503918.
Claim 7 teaches “determining an amount of time the user experienced slow wave sleep stages during the first period of time; 46Attorney Docket No.: 1595-002.101 for a subsequent sleep session, receiving a further indication that that the user is asleep on the sleep surface, and, after receiving the further indication that the user is asleep on the sleep surface, setting the portion of the sleep surface to a second temperature for the first period of time during the subsequent sleep session; 5determining an amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session; determining that amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time; and 10in response to determining that the amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions.”
During the filing date of the said invention, there was no prior art that taught the scope of claim 7, specifically “determining an amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session; determining that amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time; and 10in response to determining that the amount of time the user experienced slow wave sleep stages during the first period of time of the subsequent sleep session is longer than the amount of time the user experienced slow wave sleep stages during the first period of time, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions.”
As a result of this, the examiner acknowledges the applicant’s disclosure as unique/ novel in comparison to the closest prior art available during the time of the filing date of the invention.
Claims 8-11 are 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, as well as overcoming the grounds of the non-statutory double patenting over U.S. Patent No.11503918.
Claim 8 teaches “the first temperature is based on a stored first value indicating the first temperature, and further comprising: storing an indication of amount of time for which the user is in a slow wave sleep stage during the first period of time; subsequently setting the portion of the sleep surface to a different temperature, for at least 20a second period of time; determining that an amount of time the user is in a slow wave sleep stage in the second period of time with the sleep surface set to the different temperature is greater than the amount of time the user is in the slow wave sleep stage during the first period of time; and 47Attorney Docket No.: 1595-002.101 in response to the determination regarding the amounts of time the user is in the slow wave sleep stage, setting the first value to a value reflecting the different temperature. During the filing date of the said invention, there was no prior art that taught the scope of claim 8.
Furthermore, claims 9-11 are dependent on claim 8 and as a result as claims 9-11 are objected for the same rationale as claim 8 above.
Claim 19 is 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, as well as overcoming the grounds of the non-statutory double patenting over U.S. Patent No.11503918.
Claim 19 discloses “for a subsequent sleep session, setting the portion of the sleep surface to a different temperature instead of the fourth temperature at the predetermined time before the user is expected to awake from the subsequent sleep session; determining that the user awakes closer to the expected wake time for the subsequent sleep session than for the prior sleep session; and 20in response to the determination, setting the portion of the sleep surface to the different temperature at the predetermined times before the user is expected to awake for further subsequent sleep sessions.”
The closest prior art during the filing date Scorcioni (US 20160136385 A1), teaches a learning system or neural network that adjust the timing and temperature of the sleeping system to adjust accordingly based on the user data feedback, however Scorcioni’s teaching is not specific as to how this embodiment is executed and how specific does the feedback adjust its temperatures and sleep stage periods according to the user quite like the applicant’s disclosure above, and as a result the examiner acknowledges applicant’s disclosure as unique to the prior art mentioned above.
Claim 20 is 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, as well as overcoming the grounds of the non-statutory double patenting over U.S. Patent No.11503918.
Claim 20 discloses “for a subsequent sleep session. setting the portion of the sleep surface to the fourth temperature at a time different than the predetermined time before the user is expected to awake from the subsequent sleep session; determining that the user awakes closer to the expected wake time for the subsequent 5sleep session than for the prior sleep session; and in response to the determination, setting the portion of the sleep surface to the fourth temperature at the time different than the predetermined time before the user is expected to awake for further subsequent sleep sessions.”
The closest prior art during the filing date Scorcioni (US 20160136385 A1), teaches a learning system or neural network that adjust the timing and temperature of the sleeping system to adjust accordingly based on the user data feedback, however Scorcioni’s teaching is not specific as to how this embodiment is executed and how specific does the feedback adjust its temperatures and sleep stage periods according to the user quite like the applicant’s disclosure above, and as a result the examiner acknowledges applicant’s disclosure as unique to the prior art mentioned above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D AFRIFA-KYEI whose telephone number is (571)270-7826. The examiner can normally be reached Monday-Friday 10am-7pm.
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, BRIAN ZIMMERMAN can be reached at 571-272-3059. 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.
/ANTHONY D AFRIFA-KYEI/ Examiner, Art Unit 2686
/JAMES J YANG/ Primary Examiner, Art Unit 2686