DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-8, 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Larson (US 5,948,303 – provided by Applicant in the IDS, previously cited) in view of Shouldice (US 2016/0151603 – provided by Applicant in the IDS, previously cited) and Kahn (US 2013/0234823 – provided by Applicant in the IDS, previously cited), further in view of Lee (US 2012/0103556).
Regarding claim 1, Larson teaches sleep system (see Title, Abstract) comprising:
at least one body sensor (col. 2, lines 1-6);
an article operable to adjust a temperature of a surface (Abstract, “a bed includes at least one heating element”); and
at least one processor configured to: and cause the article to adjust the temperature of the surface based on the location in the sleep cycle (see col. 3, lines 18-30, “Timer 58 would permit the occupant to set a timed delay for increasing or decreasing temperature, whether for initial "warm up" of the bed, heat set back, or an increase in temperature to assist in waking the occupant. The interconnection of timer 58 with the control unit and CPU 12 would also permit the CPU to measure actual increasing in temperature and then calculate a compensating value”).
Larson does not teach determining a location of a user in a sleep cycle based on data from the at least one body sensor, wherein causing the article to adjust the temperature comprises decreasing the temperature of the surface while the user is in N3 sleep and subsequently increasing the temperature of the surface to aid transition of the user from N3 sleep toward REM sleep.
Shouldice teaches that N1 and N2 sleep are stages of sleep wherein one transitions from being awake and being asleep, and being easy to wake from this stage of sleep (Shouldice, paragraphs [0007], [0012]), wherein the sleep system is facilitated by a smartphone (Shouldice, paragraph [0391]). Kahn teaches a sleep sensing system to sense the stage of sleep a user is in and specifically can sense N1 and N2 stages of sleep (Kahn, paragraph [0027], [0066]).Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson activating the smart alarm when the system detects N1/N2 sleep, as Shouldice teaches that these stages are easy to awaken users from and Kahn teaches detecting these stages of sleep, therefore making it obvious as the smart alarm is activated to awaken users and it is obvious to awaken users when they are not in a deep sleep.
Larson as modified does not teach causing the article to adjust the temperature comprises decreasing the temperature of the surface while the user is in N3 sleep and subsequently increasing the temperature of the surface to aid transition of the user from N3 sleep toward REM sleep. Lee teaches an air conditioning device (Lee, Title) and that the temperature when entering sleep is higher than in the final sleep stage, wherein the air conditioning functions to increase the operation temperature at the final stage of sleep than when entering sleep (ee, paragraph [0036], [0047]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson as modified with decreasing the temperature of the surface in N3 sleep and increase the temperature to aid transition toward REM sleep, as Lee teaches that temperature is lower in the early stages of sleep while increasing toward waking up, therefore making the modification obvious in order to provide the user more comfortable and restful sleep by syncing the temperature fluctuation of the article to what naturally occurs in the body during sleep.
Regarding claim 2, Larson as modified teaches the sleep system of claim 1, wherein the at least one body sensor is disposed on and/or in the article (Larson, 60, 62, Fig. 1).
Regarding claim 3, Larson as modified teaches the sleep system of claim 1, wherein the data includes vital signs of the user (met through the combination, see paragraph [0027] which notes sensing sleep stage by using body temperature, heart rate, and/or brain waves which are vital signs).
Regarding claim 5, Larson as modified teaches the sleep system of claim 1, wherein the at least one processor is configured to cause the article to increase the temperature of the surface during a wake up time (see col. 3, lines 18-30).
Regarding claim 6, Larson as modified teaches the sleep system of claim 1, wherein the at least one processor is further configured to cause the article to adjust the temperature of the surface based on a weight loss program, a recovery program, a reduce insomnia program, a multiple sclerosis program, a bed sore prevention program, a hot flashes prevention program, a depression treatment program (the listed limitations are not required as the claim is claimed in the alternative), or a customized user program (see Larson col. 3, lines 18-30, the user set wake time constitutes a customized user program).
Regarding claim 7, Larson as modified teaches the sleep system of claim 1, wherein the at least one processor is further configured to cause the article to adjust the temperature of the surface based on one or more user preferences (see Larson col. 3, lines 18-30, the user set wake time constitutes a user preference).
Regarding claim 8, Larson as modified teaches the sleep system of claim 7, wherein the one or more user preferences include a preferred wake time (see Larson col. 3, lines 18-30);
a target number of hours of sleep, a preferred bedtime, a faster time to fall asleep, fewer awakenings during a sleep period, increased REM sleep, increased deep sleep, and/or a higher sleep efficiency (the listed limitations are not required as the claim is claimed in the alternative).
Regarding claim 10, Larson teaches a method for adjusting parameters of a sleep system (see Title, Abstract), the method comprising: at least one body sensor (col. 2, lines 1-6); and adjusting a temperature of a surface of an article based on the location in the sleep cycle and sleep preferences of the user (see col. 3, lines 18-30, “Timer 58 would permit the occupant to set a timed delay for increasing or decreasing temperature, whether for initial "warm up" of the bed, heat set back, or an increase in temperature to assist in waking the occupant. The interconnection of timer 58 with the control unit and CPU 12 would also permit the CPU to measure actual increasing in temperature and then calculate a compensating value”).
Larson does not teach determining a location of a user in a sleep cycle based on data received from at least one body sensor
Shouldice teaches that N1 and N2 sleep are stages of sleep wherein one transitions from being awake and being asleep, and being easy to wake from this stage of sleep (Shouldice, paragraphs [0007], [0012]), wherein the sleep system is facilitated by a smartphone (Shouldice, paragraph [0391]). Kahn teaches a sleep sensing system to sense the stage of sleep a user is in and specifically can sense N1 and N2 stages of sleep (Kahn, paragraph [0027], [0066]).Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson activating the smart alarm when the system detects N1/N2 sleep, as Shouldice teaches that these stages are easy to awaken users from and Kahn teaches detecting these stages of sleep, therefore making it obvious as the smart alarm is activated to awaken users and it is obvious to awaken users when they are not in a deep sleep.
Larson as modified does not teach causing the article to adjust the temperature comprises decreasing the temperature of the surface while the user is in N3 sleep and subsequently increasing the temperature of the surface to aid transition of the user from N3 sleep toward REM sleep. Lee teaches an air conditioning device (Lee, Title) and that the temperature when entering sleep is higher than in the final sleep stage, wherein the air conditioning functions to increase the operation temperature at the final stage of sleep than when entering sleep (ee, paragraph [0036], [0047]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson as modified with decreasing the temperature of the surface in N3 sleep and increase the temperature to aid transition toward REM sleep, as Lee teaches that temperature is lower in the early stages of sleep while increasing toward waking up, therefore making the modification obvious in order to provide the user more comfortable and restful sleep by syncing the temperature fluctuation of the article to what naturally occurs in the body during sleep.
Regarding claim 11, Larson as modified teaches the method of claim 10, wherein the sleep preferences include one or more of a preferred wake time (see Larson col. 3, lines 18-30),
a faster time to fall asleep, fewer awakenings during a sleep period, increased REM sleep, increased deep sleep, and/or a higher sleep efficiency, a target number of hours of sleep, a preferred bedtime (the listed limitations are not required as the claim is claimed in the alternative).
Regarding claim 12, Larson as modified teaches the method of claim 10, wherein the sleep preferences include a sleep program (see Larson col. 3, lines 18-30, setting a wake up time constitutes a sleep program).
Regarding claim 13, Larson as modified teaches the method of claim 12, wherein the sleep program includes a weight loss program, a recovery program, a reduce insomnia program, a multiple sclerosis program, a bed sore prevention program, a hot flashes prevention program, a depression treatment program (the listed limitations are not required as the claim is claimed in the alternative), or a customized user program (see Larson col. 3, lines 18-30, the user set wake time constitutes a customized user program).
Regarding claim 14, Larson as modified teaches the method of claim 10, wherein the data includes vital signs of the user (met through the combination, see paragraph [0027] which notes sensing sleep stage by using body temperature, heart rate, and/or brain waves which are vital signs).
Regarding claim 15, Larson as modified teaches the method of claim 10, wherein adjusting the temperature of the surface of the article includes increasing the temperature of the surface of the article during a wake up time period (see Larson col. 3, lines 18-30).
Claims 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Larson in view of Shouldice and Kahn, further in view of Kato (US 2005/0010435, previously cited).
Regarding claim 4, Larson as modified teaches the sleep system of claim 1, but does not teach the at least one processor is configured to cause the article to decrease the temperature of the surface when the location in the sleep cycle is deep sleep.
Kato teaches a health management system (Kato, Title) which teaches controlling air conditioning to decrease room temperature in response to user’s deep body temperature increasing to maintain the user in a deep sleep (Kato, paragraph [0126]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson as modified with decreasing the temperature of the surface when the user in is deep sleep, as taught by Kato, in order to maintain an optimal temperature for keeping the user in a deep sleep.
Regarding claim 16, Larson as modified teaches the method of claim 10, but does not teach adjusting the temperature of the surface of the article includes decreasing the temperature of the surface of the article when the location in the sleep cycle is deep sleep.
Kato teaches a health management system (Kato, Title) which teaches controlling air conditioning to decrease room temperature in response to user’s deep body temperature increasing to maintain the user in a deep sleep (Kato, paragraph [0126]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson as modified with decreasing the temperature of the surface when the user in is deep sleep, as taught by Kato, in order to maintain an optimal temperature for keeping the user in a deep sleep.
Claims 9 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Larson in view of Shouldice and Kahn, further in view of Krenik (US 2015/0351982 – provided by Applicant in the IDS, previously cited) and Lee (US 2012/0103556).
Regarding claim 9, Larson as modified teaches the sleep system of claim 1, but does not teach the at least one processor is further configured to receive data obtained from one or more additional users and determine optimized parameters of the article throughout a sleep period for the user based on the data obtained from the one or more additional users.
Krenik teaches an automated bed (Krenik, Title) which features controls that allow user profiles which allow for uses to send biometric information and preferences to the bed, and configure the control of the bed (Krenik, paragraph [0046]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson as modified with configuring parameters for additional users, as taught by Krenik, in order to allow for greater user customization over the system.
Regarding claim 17, Larson as modified teaches the method of claim 10, the method further but does not teach: receiving data obtained from one or more additional users; and determining optimized parameters of the article throughout a sleep period for the user based on the data obtained from the one or more additional users.
Krenik teaches an automated bed (Krenik, Title) which features controls that allow user profiles which allow for uses to send biometric information and preferences to the bed, and configure the control of the bed (Krenik, paragraph [0046]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson as modified with configuring parameters for additional users, as taught by Krenik, in order to allow for greater user customization over the system.
Regarding claim 18, Larson teaches method for adjusting parameters of a sleep system (see Title, Abstract), the method comprising: at least one body sensor (col. 2, lines 1-6); determining optimized parameters for an article operable to adjust a temperature of a surface of the sleep system based on the location in the sleep cycle (see col. 3, lines 18-30), and sleep preferences of the user (see col. 3, lines 18-30; and adjusting the temperature of the surface of the sleep system based on the optimized parameters (see col. 3, lines 18-30).
Larson does not teach determining a location of a user in a sleep cycle based on data received from at least one body sensor; receiving profile data from at least one additional user of at least one additional sleep system.
Shouldice teaches that N1 and N2 sleep are stages of sleep wherein one transitions from being awake and being asleep, and being easy to wake from this stage of sleep (Shouldice, paragraphs [0007], [0012]), wherein the sleep system is facilitated by a smartphone (Shouldice, paragraph [0391]). Kahn teaches a sleep sensing system to sense the stage of sleep a user is in and specifically can sense N1 and N2 stages of sleep (Kahn, paragraph [0027], [0066]).Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson activating the smart alarm when the system detects N1/N2 sleep, as Shouldice teaches that these stages are easy to awaken users from and Kahn teaches detecting these stages of sleep, therefore making it obvious as the smart alarm is activated to awaken users and it is obvious to awaken users when they are not in a deep sleep.
Krenik teaches an automated bed (Krenik, Title) which features controls that allow user profiles which allow for uses to send biometric information and preferences to the bed, and configure the control of the bed (Krenik, paragraph [0046]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson as modified with configuring parameters for additional users, as taught by Krenik, in order to allow for greater user customization over the system.
Larson as modified does not teach causing the article to adjust the temperature comprises decreasing the temperature of the surface while the user is in N3 sleep and subsequently increasing the temperature of the surface to aid transition of the user from N3 sleep toward REM sleep. Lee teaches an air conditioning device (Lee, Title) and that the temperature when entering sleep is higher than in the final sleep stage, wherein the air conditioning functions to increase the operation temperature at the final stage of sleep than when entering sleep (ee, paragraph [0036], [0047]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide Larson as modified with decreasing the temperature of the surface in N3 sleep and increase the temperature to aid transition toward REM sleep, as Lee teaches that temperature is lower in the early stages of sleep while increasing toward waking up, therefore making the modification obvious in order to provide the user more comfortable and restful sleep by syncing the temperature fluctuation of the article to what naturally occurs in the body during sleep.
Regarding claim 19, Larson as modified teaches the method of claim 18, wherein the sleep preferences include one or more of a preferred wake time (see Larson col. 3, lines 18-30),
a faster time to fall asleep, fewer awakenings during a sleep period, increased REM sleep, increased deep sleep, and/or a higher sleep efficiency, a target number of hours of sleep, a preferred bedtime (the listed limitations are not required as the claim is claimed in the alternative).
Regarding claim 20, Larson as modified teaches the method of claim 18, wherein the sleep preferences include a sleep program comprising a weight loss program, a recovery program, a reduce insomnia program, a multiple sclerosis program, a bed sore prevention program, a hot flashes prevention program, a depression treatment program (the listed limitations are not required as the claim is claimed in the alternative), or a customized user program (see Larson col. 3, lines 18-30, the user set wake time constitutes a customized user program).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 10, and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 NAEL N BABAA whose telephone number is (571)270-3272. The examiner can normally be reached M-F, 9-5 EST.
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/NAEL N BABAA/ Primary Examiner, Art Unit 3763
