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.
Status of Claims
In the amendment filed on June 9th, 2026, claims 1, 6, 9-11, 19 and 20 have been amended, no claim 4, 5, 8, 21-26 has been cancelled and no new claim 27-29 have been added. Therefore, claims 1-3, 6, 7, 9-20, 27-29 are pending for examination.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 28 and 29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a method for conditioning a sleep environment without significantly more.
The claim(s) 28 recite(s). “A method for conditioning a sleeping 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; setting the portion of the sleep surface to a third temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the third temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to a different temperature instead of the third temperature at the predetermined time before the user is expected to be awake from the subsequent sleep session; determining that the user awakes closer to the predetermined time before the user is expected to be awake time for the subsequent sleep session than for the prior sleep session; and in 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 be awake for further subsequent sleep sessions.” This judicial exception is not integrated into a practical application because there is no technological innovative presence. The applicant fails to disclose any technological elements that implement the said method or an elaborative technological limitation(s) that teach how the method is operated to determine any outcome(s) or result(s). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claim fails to teach or describe any structural elements/components or limitations to enable the operative steps of the method claims, thereby providing no technological innovative limitations/elements.
The claim(s) 29 recite(s). “A method for conditioning a sleeping 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; setting the portion of the sleep surface to a third temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the third temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to the third temperature at a time different than the predetermined time before the user is expected to be awake from the subsequent sleep session; determining that the user awakes closer to the predetermined time before the user is expected to be awake for the subsequent sleep session than for the prior sleep session; and in response to the determination, setting the portion of the sleep surface to the third temperature at the time different than the predetermined time before the user is expected to be awake for further subsequent sleep sessions..” This judicial exception is not integrated into a practical application because there is not technological innovative presence. The applicant fails to disclose any technological elements that implement the said method or an elaborative technological limitation(s) that teach how the method is operated to determine any outcome(s) or result(s). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claim fails to teach or describe any structural elements/components or limitations to enable the operative steps of the method claims, thereby providing nor technological innovative limitations/elements.
Terminal Disclaimer
The Terminal Disclaimer filed on 06/09/2026 has been disapproved. Thereby the previous Double Patenting rejection still stands until the appropriate step described in the reason for disapproval are taken, resubmitted and approval is made.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 1-3, 6, 7, 9-20, 27-29 are rejected on the ground of non-statutory double patenting over claims 1-12 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 and 27-29 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1-12 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.
Regarding claim 27, claim 4 of Tsern teaches a method for conditioning a sleeping environment, comprising: receiving an indication that a user is on a sleep surface, wherein the indication that the user is asleep on the sleep surface is based on information from biometric sensors[Cl-4]
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.[Cl-4]
Tsern then teaches determining sleep stages of the user through processing of information from the biometric sensors; 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 first period of time concludes at a time the determined sleep stage of the user is a REM-dominant sleep stage and 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 (Claim 4)
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.[ Cl-4]
Tsern teaches determining an amount of time the user experienced slow wave sleep stages during the first period of time of an initial sleep session; for a subsequent sleep session: receiving a further indication that that the user is asleep on the sleep surface; 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(Claim 4)
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.[Cl-4]
Tsern also teaches 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 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 of the initial sleep session;
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.[ Cl-4]
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 of the initial sleep session, 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.[ Cl-4]
Though Tsern fails to teach in specifically 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 of the initial sleep session, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions.
By Tsern disclosing 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.[Cl-4], it is obvious to one of ordinary skill in the art to thereby configure different timing for tracking sleep sessions such that 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 of the initial sleep session, setting the portion of the sleep surface to the second temperature during the first period of time during further subsequent sleep sessions, so that more effective methods to track and document sleep patterns may be conducted
Regarding claim 28, Tsern teaches a method for conditioning a sleeping 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 (Claim 11)
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 method further comprises: setting the portion of the sleep surface to a second temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the second temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to a different temperature instead of the second temperature at the predetermined time before the user is expected to be 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 in 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 be awake for further subsequent sleep sessions.[Cl-11]
Tsern then teaches setting the portion of the sleep surface to a third temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the third temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to a different temperature instead of the third temperature at the predetermined time before the user is expected to be awake from the subsequent sleep session(Claim 11)
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 method further comprises: setting the portion of the sleep surface to a second temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the second temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to a different temperature instead of the second temperature at the predetermined time before the user is expected to be 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 in 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 be awake for further subsequent sleep sessions.[Cl-11]
determining that the user awakes closer to the predetermined time before the user is expected to be awake time for the subsequent sleep session than for the prior sleep session; and in 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 be awake for further subsequent sleep sessions(Claim 11)
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 method further comprises: setting the portion of the sleep surface to a second temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the second temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to a different temperature instead of the second temperature at the predetermined time before the user is expected to be 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 in 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 be awake for further subsequent sleep sessions.[Cl-11]
Here Tsern teaches the limitations of the claim language with the only difference being, instead of the portion of the sleep surface is set to the third temperature a predetermined time before the user is expected to be awake, Tsern’s disclosure teaches the sleep surface is set to the second temperature a predetermined time before the user is expected to be awake. However, the claim disclosure has no conjunction with a second temperature outside of the first temperature, therefore the said “third temperature” may be interpreted as a place holder temperature that maybe set to a value equivalent to Tsern’s second temperature. Therefore it is obvious that Tsern’s second temperature could be set to the same temperature as the disclosed third temperature to yield the same desired sleep surface a predetermined time before the user is expected to be awake
Regarding claim 29, Tsern teaches a method for conditioning a sleeping 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 (Claim 12)
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 method further comprises: setting the portion of the sleep surface to a second temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the second temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to the second temperature at a time different than the predetermined time before the user is expected to be 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 in response to the determination, setting the portion of the sleep surface to the second temperature at the time different than the predetermined time before the user is expected to be awake for further subsequent sleep sessions.[Cl-12]
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; setting the portion of the sleep surface to a third temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the third temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to the third temperature at a time different than the predetermined time before the user is expected to be awake from the subsequent sleep session (Claim 12)
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 method further comprises: setting the portion of the sleep surface to a second temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the second temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to the second temperature at a time different than the predetermined time before the user is expected to be 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 in response to the determination, setting the portion of the sleep surface to the second temperature at the time different than the predetermined time before the user is expected to be awake for further subsequent sleep sessions.[Cl-12]
Tsern then teaches determining that the user awakes closer to the predetermined time before the user is expected to be awake for the subsequent sleep session than for the prior sleep session; and in response to the determination, setting the portion of the sleep surface to the third temperature at the time different than the predetermined time before the user is expected to be awake for further subsequent sleep sessions.(Claim 12)
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 method further comprises: setting the portion of the sleep surface to a second temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the second temperature a predetermined time before the user is expected to be awake; for a subsequent sleep session, setting the portion of the sleep surface to the second temperature at a time different than the predetermined time before the user is expected to be 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 in response to the determination, setting the portion of the sleep surface to the second temperature at the time different than the predetermined time before the user is expected to be awake for further subsequent sleep sessions.[Cl-12]
Here Tsern teaches the limitations of the claim language with the only difference being, instead of setting the portion of the sleep surface to a third temperature at a time the user is asleep, wherein the portion of the sleep surface is set to the third temperature a predetermined time before the user is expected to be awake, Tsern’s disclosure teaches the sleep surface is set to the second temperature a predetermined time before the user is expected to be awake. However, the claim disclosure has no conjunction with a second temperature outside of the first temperature, therefore the said “third temperature” may be interpreted as a place holder temperature that maybe set to a value equivalent to Tsern’s second temperature. Therefore it is obvious that Tsern's second temperature could be set to the same temperature as the disclosed third temperature to yield the same desired sleep surface a predetermined time before the user is expected to be awake
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
Response to Arguments
The examiner acknowledges applicant’s amendments to integrate the previous allowable subject matter into the independent claims to now read as, “A method for conditioning a sleep environment, comprising: receiving an indication that a user is on a sleep surface, wherein the indication that the user is asleep on the sleep surface is based on information from biometric sensors; determining sleep stages of the user through processing of information from the biometric sensors;[[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 first temperature is based on a stored first value indicating the first temperature; 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; 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.”
This currently overcomes the prior art rejection, however due to the improper submission of the terminal; disclaimer, leading to disapproval, the double patenting rejection still stands. Furthermore, new claims 27-29 have been addressed in the rejection above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
/BRIAN A ZIMMERMAN/ Supervisory Patent Examiner, Art Unit 2686
Prosecution Insights