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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/10/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/10/2026 has been considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4, 6-7, 11-12, 14, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US PGPub 20220117401) in view of Auphan et al. (US PGPub 20160015315), and Lee et al. WO 2024019239
Regarding Claim 1, Wang discloses a method for providing a vibroacoustic stimulation to a user resting on a mattress (bed with a vibroacoustic therapy system, Figs. 1-7, Para. [0055]), comprising:
providing a power base assembly for a mattress, the power base assembly including a support surface for supporting the mattress (the bed also includes a plurality of platforms [or bed boards] 181-185 [mapped as power base assembly] disposed on the frame structure 110. A pair of baffles 187 are also attached to the leg platform 185. The design of the baffles 187 can limit the position of the mattress when placed on the bed platforms so as to prevent the mattress from sliding on the bed platforms, Figs. 1-7, Para. [0059]),
the support surface including a first upper side and a second lower side (Figs. 6 and 7),
a frame positioned adjacent to and operably connected to the second lower side of the support surface (the bed also includes a plurality of platforms [or bed boards] 181-185 [mapped as power base assembly] disposed on the frame structure 110, Figs. 1-7, Para. [0059]),
one or more sound transducers operably connected to the support surface and/or the frame, the one or more sound transducers positioned at predetermined locations on the support surface and/or the frame (the bed includes a vibroacoustic therapy system including one or more massage devices 130 spatial-separately installed on the plurality of platforms. Each massage device massage device 130 comprises a sonic [wave] vibrator. The sonic vibrator is a music-based vibrator, Figs. 1, 3, and 6-8, Para. [0060]; there are four music vibrators 130 in total, of which two music vibrators 130 are installed on the back platform 182, and the other two music vibrators 130 are installed on the thigh platform 184, Figs. 1, 3, and 6-8, Para. [0062]), and
a controller operably connected to each of the one or more sound transducers (the bed also includes a control system having a control box 6 and a power supply 1 for power supply to the control box 6. The control box 6 is electrically coupled to the music vibrators 130, Fig. 10, Para. [0080]), the controller including a communications module and a processor (control box 6 may include internet connection means or protocols for connecting the bed to the internet by wire, or wirelessly. The operations of the music vibrators 130, the speakers 16-17 and the back and leg lifting actuators 115 of the bed can be initiated and controlled by a remote control 15, Fig. 10, Para. [0080]);
receiving, via the controller, instructions to cause the one or more sound transducers to emit a vibroacoustic stimulation in a predetermined pattern of frequencies or intensities (through the buttons on the remote control 15, the music vibrators 130 can be activated to generate vibrations directly according to the preset frequency and cycle, Fig. 10, Para. [0081]; control box 6 is electrically coupled to the music vibrators 130 and lifting actuators 115 by a plurality of connecting cables 14, or wirelessly, for controlling their operations, Fig. 10, Para. [0080]); and
transmitting, via the controller, a signal to the one or more sound transducers to cause the one or more sound transducers to emit a vibroacoustic stimulation in the predetermined pattern of frequencies or intensities, the signal based on the instructions received by the controller (through the buttons on the remote control 15, the music vibrators 130 can be activated to generate vibrations directly according to the preset frequency and cycle, Fig. 10, Para. [0081]; control box 6 is electrically coupled to the music vibrators 130 and lifting actuators 115 by a plurality of connecting cables 14, or wirelessly, for controlling their operations, Fig. 10, Para. [0080]).
Wang does not teach wherein the power base comprises one or more biometric sensors for measuring one or more biological characteristics of a user and wherein the method comprises measuring the one or more biological characteristics of the user at a first time point; transmitting the one or more measured biological characteristics of the user to a software application running on a mobile device or to a cloud-based application; processing, via the software application on the mobile device or via the cloud-based application, the one or more biological characteristics to identify a first sleep status of a user; transmitting, via the software application on the mobile device or via the cloud-based application, instructions to the controller to cause the one or more sound transducers to emit a first vibroacoustic stimulation based on the identified first sleep status of the user; measuring the one or more biological characteristics of the user at a second time point after the first time point; transmitting the one or more measured biological characteristics of the user at the second time point to the software application running on the mobile device or to the cloud-based application; processing, via the software application on the mobile device or via the cloud-based application, the one or more biological characteristics at the second time point to identify a second sleep status of a user; transmitting, via the software application on the mobile device or via the cloud-based application, instructions to the controller to cause the one or more sound transducers to emit a second vibroacoustic stimulation based on the identified second sleep status of the user, the second vibroacoustic stimulation having a frequency or intensity different from that of the first vibroacoustic stimulation.
However, Auphan teaches an analogous sleep system (abstract and fig. 1a) the base comprises one or more biometric sensors (fig. 1a, sensing portion 22) for measuring one or more biological characteristics of a user (see paragraph 57) and
wherein the method comprises
measuring the one or more biological characteristics of the user at a first time point (see figs. 3a-3c and paragraphs 84 and 98-101, the user’s biological characteristics are measured throughout the night, meaning at multiple time points so there is a first time point);
transmitting the one or more measured biological characteristics of the user to a software application running on a mobile device or to a cloud-based application (see fig. 2 and paragraph 65, the data is transmitted to the mobile terminal 7);
processing, via the software application on the mobile device or via the cloud-based application, the one or more biological characteristics to identify a first sleep status of a user (see paragraphs 65, 92, and 98-101, the mobile terminal has a program that processes the data to determine what sleep stage the user is in);
transmitting, via the software application on the mobile device or via the cloud-based application, instructions to the controller to cause the one or more sound transducers to emit a first vibroacoustic stimulation based on the identified first sleep status of the user (see figs. 3a-3c and paragraphs 70 and 87-88, depending on the sleep stage the speaker will emit a certain sound);
measuring the one or more biological characteristics of the user at a second time point after the first time point (see figs. 3a-3c and paragraphs 84 and 98-101, the user’s biological characteristics are measured throughout the night, meaning at multiple time points so there is a second time point);
transmitting the one or more measured biological characteristics of the user at the second time point to the software application running on the mobile device or to the cloud-based application (see fig. 2 and paragraph 65, the data is transmitted to the mobile terminal 7);
processing, via the software application on the mobile device or via the cloud-based application, the one or more biological characteristics at the second time point to identify a second sleep status of a user (see paragraphs 65, 92, and 98-101, the mobile terminal has a program that processes the data to determine what sleep stage the user is in);
transmitting, via the software application on the mobile device or via the cloud-based application, instructions to the controller to cause the one or more sound transducers to emit a second vibroacoustic stimulation based on the identified second sleep status of the user, the second vibroacoustic stimulation having a frequency or intensity different from that of the first vibroacoustic stimulation (see figs. 3a-3c and paragraphs 70 and 87-88, depending on the sleep stage the speaker will emit a certain sound).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the method of Wang to use biosensors to identify the sleep status of the user and adjust the stimulation based on the identified sleep status, as taught by Auphan, for the purpose of adjusting the stimulation applied by Wang to be personalized to the user. By figuring out the sleep stage of the user, the stimulation can be personalized and adjusted to that user to give an optimal simulation that helps them sleep well and is timed to the stage. The system can also play the optimal sounds to help the user fall asleep and to help them wake up (see paragraphs 10-15).
The combination still fails to teach an assessment on whether to elongate or change the first sleep status, and an assessment of whether to elongate of change the second sleep status. Lee teaches an analogous deep sleep and growth promoting system embedded within a mattress (page 7 of the attached translated application), that does teach processing, via the software application on the mobile device or via the cloud-based application, the one or more biological characteristics to identify a sleep status of a user (Page 8 states “the user terminal 400 is provided as a typical smart phone with mobility. The user terminal 400 is capable of outputting a sleep-inducing sound to induce sleep of the user lying in bed, and determines whether the user is asleep and the sleep state. “) and to assess whether to elongate or change both the first and second sleep status (page 12 states “if it is determined that the user is not in a sleeping state, the return is made to the step (S1) of outputting the deep sleep inducing sound, and when returning to the step (S1) of outputting the deep sleep inducing sound, the terminal control unit 430 controls the deep sleep inducing sound output just before. Ignores the remaining output time and outputs the sleep-inducing sound for another 20 minutes without user intervention.” This depicts a determination of elongating or changing a first sleep status. Furthermore, page 13 states “At this time, if the user's sleep stage is determined to be the REM sleep stage, the deep sleep inducing sound output device 600 or the user terminal 400 outputs the deep sleep inducing sound for another 20 minutes without user intervention (step S7). Here, REM sleep accounts for about 1/4 to 1/5 of the total sleep and lasts 20 to 30 minutes per cycle throughout the sleep cycle, and then transitions into first NREM sleep (the process of transitioning from waking to sleeping). If the sleep-inducing sound is output for more than 20 minutes, it will disturb the user's sleep. Therefore, it is desirable to output deep sleep-inducing sounds for 20 minutes during the REM sleep stage. And when the output of the deep sleep inducing sound ends in step S7, the process returns to step S4 where it is determined whether the user's sleep stage is the fourth non-REM sleep stage. Conversely, if it is determined that the user's sleep stage is not the REM sleep stage, the process returns to step S4 of determining whether the user's sleep stage is the fourth NREM sleep stage”. Here an assessment of a second sleep state is conducted.), and transmitting via the software application on the mobile device or via the cloud-based application, instructions to the controller to cause the one or more sound transducers to emit a vibroacoustic stimulation based on the assessment of whether to elongate of change the sleep status for both the first and second sleep status (page 3 states “a method of controlling a deep sleep inducing and growth promotion system according to another aspect includes the step of outputting a deep sleep inducing sound input by the user for 20 minutes when the user goes to bed to sleep ( S1); Step (S2) of acquiring and outputting the user's heart rate and blood flow in real time as the user's biometric information; A step (S3) of determining whether the user is asleep based on the output biometric information of the user; Depending on the result of determining whether the user is asleep, determining whether the user's sleep stage is the fourth NREM sleep stage when the sleep state is determined (S4); According to the result of determining whether the fourth NREM sleep stage is present, outputting vibration to the user's knee growth plate for 10 minutes when the fourth NREM sleep stage is determined (S5); According to the result of determining whether the user is in the fourth NREM sleep stage, if it is not the fourth NREM sleep stage, determining whether the user's sleep stage is the REM sleep stage (S6); And depending on the result of determining whether the sleep stage is in the REM sleep stage, a step (S7) of outputting a deep sleep inducing sound for 20 minutes when the sleep stage is determined to be in the REM sleep stage.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Wang with the teachings of Lee and include an assessment on whether to elongate or change the first sleep status, and an assessment of whether to elongate of change the second sleep status as this allows for the use of user biometric data to determine the sleep state of the user, leading to optimal sleep of the user (abstract).
Regarding claim 2, modified Wang, further teaches wherein the vibroacoustic stimulation is emitted for a first period of time, and wherein the second vibroacoustic stimulation is emitted for a second period of time (see figs 3a-3c and paragraphs 86-88, the sound program is designed to play different stimulation during different stages of sleep e.g. the fall asleep sequence is played for the amount of time it takes for the user to fall asleep and the REM sequence plays for the amount of time the user is in REM).
Regarding claim 4, modified Wang, further teaches wherein the first period of time is different than the second period of time (figs 3a-3c and paragraphs 86-88, the time period is dependent on the user’s sleep stage, the stages have different time periods)
Regarding Claim 6, modified Wang discloses the method of claim 5, wherein transmitting the instructions to the controller via the cloud-based application or the mobile device comprises transmitting instructions via the cloud-based application (see Auphan paragraphs 62 and 65, the specialized application is used to transmit instructions from the mobile terminal 7).
Regarding Claim 7, modified Wang discloses the method of claim 1, wherein the frame is an articulating frame including a head portion and a foot portion (bed further comprises a lifting mechanism positioned between the frame structure 110 and the plurality of platforms 181-185 for operably adjusting positions of at least one of the plurality of platforms 181-185 so as to adjust the bed at a desired position. Platform 181 is the head portion and platform 185 is the foot portion), and wherein the method further comprises: receiving, via the controller, the instructions from the cloud-based application, or the mobile device to articulate the head portion and/or the foot portion of the frame; and transmitting, via the controller, a signal to one or more actuators operably connected to the head portion or the foot portion of the frame to articulate the head portion or the foot portion of the frame,( Para. [0067]; each lifting assembly 100 also includes a back lifting arm 116 and a leg lifting mechanism; and a pair of lifting actuators [a back lifting actuator and a leg lifting actuator] 115 received in and secured on the bracket 112, Para. [0069]; the head and back platforms 181-182 are coupled with the back lifting arm 116, Para. [0070]; operations of the music vibrators 130, the speakers 16-17 and the back and leg lifting actuators 115 of the bed can be initiated and controlled by a remote control 15, or an APP [mapped as cloud-based application] using in smart mobile devices, such as smart phones, smart watches, tablets, or the likes, Para. [0080]).
Regarding Claim 11, Wang discloses a system for providing a vibroacoustic stimulation to a user resting on a mattress (bed with a vibroacoustic therapy system, Figs. 1-7, Para. [0055]), comprising:
a support surface for supporting a mattress (the bed also includes a plurality of platforms [or bed boards] 181-185 [mapped as power base assembly] disposed on the frame structure 110. A pair of baffles 187 are also attached to the leg platform 185. The design of the baffles 187 can limit the position of the mattress when placed on the bed platforms so as to prevent the mattress from sliding on the bed platforms, Figs. 1-7, Para. [0059]), the support surface including a first upper side and a second lower side (Figs. 6 and 7);
a frame positioned adjacent to and operably connected to the second lower side of the support surface (the bed also includes a plurality of platforms [or bed boards] 181-185 [mapped as power base assembly] disposed on the frame structure 110, Figs. 1-7, Para. [0059]);
one or more sound transducers operably connected to the support surface and/or the frame, the one or more sound transducers positioned at predetermined locations on the support surface and/or the frame and configured to emit a vibroacoustic stimulation into the mattress resting on the support surface (the bed includes a vibroacoustic therapy system including one or more massage devices 130 spatial-separately installed on the plurality of platforms. Each massage device massage device 130 comprises a sonic [wave] vibrator. The sonic vibrator is a music based vibrator, Figs. 1, 3, and 6-8, Para. [0060]; there are four music vibrators 130 in total, of which two music vibrators 130 are installed on the back platform 182, and the other two music vibrators 130 are installed on the thigh platform 184, Figs. 1, 3, and 6-8, Para. [0062]);
a controller operably connected to each of the one or more sound transducers (the bed also includes a control system having a control box 6 and a power supply 1 for power supply to the control box 6. The control box 6 is electrically coupled to the music vibrators 130, Fig. 10, Para. [0080]),
the controller including a communications module and a processor, and the controller for individually controlling the vibroacoustic stimulation emitted by each of the one or more sound transducers (control box 6 may include internet connection means or protocols for connecting the bed to the internet by wire, or wirelessly. The operations of the music vibrators 130, the speakers 16-17 and the back and leg lifting actuators 115 of the bed can be initiated and controlled by a remote control 15, Fig. 10, Para. [0080]); and
and a cloud-based application, or a software application running on a mobile device in communication with the controller ( operations of the music vibrators 130, the speakers 16-17 and the back and leg lifting actuators 115 of the bed can be initiated and controlled by a remote control 15, or an APP [mapped as cloud-based application] using in smart mobile devices, such as smart phones, smart watches, tablets, or the likes, Para. [0080]).
Wang does not teach an additional processor in communication with the controller and either the cloud-based application or the software application running on the mobile, wherein the base comprises one or more biometric sensors for measuring one or more biological characteristics of a user resting on the mattress at a first time point and at a second time point after the first time point; wherein the additional processor is configured to transmit the biological characteristics measured at the first time point to the cloud-based application or to the software application running on the mobile device; receive, from the cloud-based application or the software application running on the mobile device, an identified first sleep status of the user based on the biological characteristics of the user measured at the first time point, and transmit instructions to the controller to cause the one or more sound transducers to emit a first vibroacoustic stimulation based on the identified first sleep status of the user; and wherein the additional processor is further configured to transmit the biological characteristics measured at the second time point to the cloud-based application or to the software application running on the mobile device, receive, from the cloud-based application or the software application running on the mobile device, an identified second sleep status of the user based on the biological characteristics of the user measured at the second time point and transmit instructions to the controller to cause the one or more sound transducers to emit a second vibroacoustic stimulation based on the identified second sleep status of the user, the second vibroacoustic stimulation having a frequency or intensity different from that of the first vibroacoustic stimulation.
However, Auphan teaches an analogous sleep system (abstract and fig. 1a) comprising an additional processor in communication with the controller and either the cloud-based application or the software application running on the mobile device (see fig. 4 and paragraph 68, remote server 5 communicates with the controller in the bedside device and the mobile application) and wherein the base comprises one or more biometric sensors (fig. 1a, sensing portion 22) for measuring one or more biological characteristics of a user resting on the mattress (see paragraph 57)
at a first time point (see figs. 3a-3c and paragraphs 84 and 98-101, the user’s biological characteristics are measured throughout the night, meaning at multiple time points so there is a first time point) and at a second time point after the first time point (see figs. 3a-3c and paragraphs 84 and 98-101, the user’s biological characteristics are measured throughout the night, meaning at multiple time points so there is a second time point after the first);
wherein the additional processor is configured to
transmit the biological characteristics measured at the first time point to the cloud-based application or to the software application running on the mobile device (see fig. 2 and paragraph 65 and 68-70, the data is transmitted to the server and then the mobile device);
receive, from the cloud-based application or the software application running on the mobile device, an identified first sleep status of the user based on the biological characteristics of the user measured at the first time point (see fig. 4 and paragraphs 68-70 and 122; the sleep status data from the controller can be sent to a supplemental controller (such as the remote server)), and
transmit instructions to the controller to cause the one or more sound transducers to emit a first vibroacoustic stimulation based on the identified first sleep status of the user (see figs. 3a-3c and paragraphs 70 and 87-88 and 122, depending on the sleep stage the speaker will emit a certain sound via instructions received from a controller, a supplemental controller (such as the remote database) can be used);
and wherein the additional processor is further configured to transmit the biological characteristics measured at the second time point to the cloud-based application or to the software application running on the mobile device (see fig. 2 and paragraph 65 and 68-70, the data is transmitted to the server and then the mobile device),
receive, from the cloud-based application or the software application running on the mobile device, an identified second sleep status of the user based on the biological characteristics of the user measured at the second time point (see fig. 4 and paragraphs 68-70 and 122; the sleep status data from the controller can be sent to a supplemental controller (such as the remote server)), and
transmit instructions to the controller to cause the one or more sound transducers to emit a second vibroacoustic stimulation based on the identified second sleep status of the user (see figs. 3a-3c and paragraphs 70 and 87-88 and 122, depending on the sleep stage the speaker will emit a certain sound via instructions received from a controller, a supplemental controller (such as the remote database) can be used), the second vibroacoustic stimulation having a frequency or intensity different from that of the first vibroacoustic stimulation (see figs. 3a-3c and paragraphs 70 and 87-88, depending on the sleep stage the speaker will emit a certain sound, the REM sounds being different than the fall asleep sounds).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the method of Wang to use biosensors to identify the sleep status of the user and adjust the stimulation based on the identified sleep status, as taught by Auphan, for the purpose of adjusting the stimulation applied by Wang to be personalized to the user. By figuring out the sleep stage of the user, the stimulation can be personalized and adjusted to that user to give an optimal simulation that helps them sleep well and is timed to the stage. The system can also play the optimal sounds to help the user fall asleep and to help them wake up (see paragraphs 10-15).
The combination still fails to teach an assessment on whether to elongate or change the first sleep status, and an assessment of whether to elongate of change the second sleep status. Lee teaches an analogous deep sleep and growth promoting system embedded within a mattress (page 7 of the attached translated application), that does teach processing, via the software application on the mobile device or via the cloud-based application, the one or more biological characteristics to identify a sleep status of a user (Page 8 states “the user terminal 400 is provided as a typical smart phone with mobility. The user terminal 400 is capable of outputting a sleep-inducing sound to induce sleep of the user lying in bed, and determines whether the user is asleep and the sleep state. “) and to assess whether to elongate or change both the first and second sleep status (page 12 states “if it is determined that the user is not in a sleeping state, the return is made to the step (S1) of outputting the deep sleep inducing sound, and when returning to the step (S1) of outputting the deep sleep inducing sound, the terminal control unit 430 controls the deep sleep inducing sound output just before. Ignores the remaining output time and outputs the sleep-inducing sound for another 20 minutes without user intervention.” This depicts a determination of elongating or changing a first sleep status. Furthermore, page 13 states “At this time, if the user's sleep stage is determined to be the REM sleep stage, the deep sleep inducing sound output device 600 or the user terminal 400 outputs the deep sleep inducing sound for another 20 minutes without user intervention (step S7). Here, REM sleep accounts for about 1/4 to 1/5 of the total sleep and lasts 20 to 30 minutes per cycle throughout the sleep cycle, and then transitions into first NREM sleep (the process of transitioning from waking to sleeping). If the sleep-inducing sound is output for more than 20 minutes, it will disturb the user's sleep. Therefore, it is desirable to output deep sleep-inducing sounds for 20 minutes during the REM sleep stage. And when the output of the deep sleep inducing sound ends in step S7, the process returns to step S4 where it is determined whether the user's sleep stage is the fourth non-REM sleep stage. Conversely, if it is determined that the user's sleep stage is not the REM sleep stage, the process returns to step S4 of determining whether the user's sleep stage is the fourth NREM sleep stage”. Here an assessment of a second sleep state is conducted.), and transmitting via the software application on the mobile device or via the cloud-based application, instructions to the controller to cause the one or more sound transducers to emit a vibroacoustic stimulation based on the assessment of whether to elongate of change the sleep status for both the first and second sleep status (page 3 states “a method of controlling a deep sleep inducing and growth promotion system according to another aspect includes the step of outputting a deep sleep inducing sound input by the user for 20 minutes when the user goes to bed to sleep ( S1); Step (S2) of acquiring and outputting the user's heart rate and blood flow in real time as the user's biometric information; A step (S3) of determining whether the user is asleep based on the output biometric information of the user; Depending on the result of determining whether the user is asleep, determining whether the user's sleep stage is the fourth NREM sleep stage when the sleep state is determined (S4); According to the result of determining whether the fourth NREM sleep stage is present, outputting vibration to the user's knee growth plate for 10 minutes when the fourth NREM sleep stage is determined (S5); According to the result of determining whether the user is in the fourth NREM sleep stage, if it is not the fourth NREM sleep stage, determining whether the user's sleep stage is the REM sleep stage (S6); And depending on the result of determining whether the sleep stage is in the REM sleep stage, a step (S7) of outputting a deep sleep inducing sound for 20 minutes when the sleep stage is determined to be in the REM sleep stage.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Wang with the teachings of Lee and include an assessment on whether to elongate or change the first sleep status, and an assessment of whether to elongate of change the second sleep status as this allows for the use of user biometric data to determine the sleep state of the user, leading to optimal sleep of the user (abstract).
Regarding Claim 12, modified Wang discloses the system of claim 11, wherein the frame is an articulating frame including a head portion and a foot portion (bed further comprises a lifting mechanism positioned between the frame structure 110 and the plurality of platforms 181-185 for operably adjusting positions of at least one of the plurality of platforms 181-185 so as to adjust the bed at a desired position, Para. [0067]; Platform 181 is the head portion and platform 185 is the foot portion).
Regarding Claim 14, modified Wang discloses the system of claim 11, wherein the software application on the mobile device further communicates instructions via the additional processor (Auphan fig. 4 and paragraphs 68-70 and 122, remote server used to supplemental control) to cause the controller to articulate a head or a foot portion of the frame, or both (bed further comprises a lifting mechanism positioned between the frame structure 110 and the plurality of platforms 181-185 for operably adjusting positions of at least one of the plurality of platforms 181-185 so as to adjust the bed at a desired position, Para. [0067]; user can adjust the bed position by the remote control 15 or an APP using in a smart mobile device, Para. [0082]) based on the identified first or second sleep status of the user (see Auphan paragraph 90, in the awakening stage, the device provides stimulation. As modified, the device of Wang can articulate the head or foot rest to stimulate the user to wake up when that stage is identified).
Regarding Claim 16, Wang discloses a power base assembly ( the bed also includes a plurality of platforms [or bed boards] 181-185 [mapped as power base assembly] disposed on the frame structure 110, Figs. 1-7, Para. [0059]), comprising: a support surface for supporting a mattress (pair of baffles 187 are also attached to the leg platform 185. The design of the baffles 187 can limit the position of the mattress when placed on the bed platforms so as to prevent the mattress from sliding on the bed platforms, Figs. 1-7, Para. [0059]), the support surface including a first upper side and a second lower side (Figs. 6 and 7); a frame positioned adjacent to and operably connected to the second lower side of the support surface (the bed also includes a plurality of platforms [or bed boards] 181-185 [mapped as power base assembly] disposed on the frame structure 110, Figs. 1-7, Para. [0059]); one or more sound transducers operably connected to the support surface and/or the frame, the one or more sound transducers positioned at predetermined locations on the support surface and/or the frame and configured to emit a vibroacoustic stimulation into a mattress resting on the support surface (the bed includes a vibroacoustic therapy system including one or more massage devices 130 spatial-separately installed on the plurality of platforms. Each massage device massage device 130 comprises a sonic [wave] vibrator. The sonic vibrator is a music based vibrator, Figs. 1, 3, and 6-8, Para. [0060]; there are four music vibrators 130 in total, of which two music vibrators 130 are installed on the back platform 182, and the other two music vibrators 130 are installed on the thigh platform 184, Figs. 1, 3, and 6-8, Para. [0062]); a controller operably connected to each of the one or more sound transducers, the controller for individually controlling the vibroacoustic stimulation emitted by each of the one or more sound transducers (control box 6 may include internet connection means or protocols for connecting the bed to the internet by wire, or wirelessly. The operations of the music vibrators 130, the speakers 16-17 and the back and leg lifting actuators 115 of the bed can be initiated and controlled by a remote control 15, Fig. 10, Para. [0080]), and the controller configured to cause the one or more sound transducers to emit a vibroacoustic stimulation in a predetermined pattern of frequencies or intensities (through the buttons on the remote control 15, the music vibrators 130 can be activated to generate vibrations directly according to the preset frequency and cycle, Fig. 10, Para. [0081]; control box 6 is electrically coupled to the music vibrators 130 and lifting actuators 115 by a plurality of connecting cables 14, or wirelessly, for controlling their operations, Fig. 10, Para. [0080]).
Wang does not teach an additional processor in communication with the controller and either the cloud-based application or the software application running on the mobile, wherein the base comprises one or more biometric sensors for measuring one or more biological characteristics of a user resting on the mattress at a first time point and at a second time point after the first time point; wherein the additional processor is configured to transmit the biological characteristics measured at the first time point to the cloud-based application or to the software application running on the mobile device; receive, from the cloud-based application or the software application running on the mobile device, an identified first sleep status of the user based on the biological characteristics of the user measured at the first time point, and transmit instructions to the controller to cause the one or more sound transducers to emit a first vibroacoustic stimulation based on the identified first sleep status of the user; and wherein the additional processor is further configured to transmit the biological characteristics measured at the second time point to the cloud-based application or to the software application running on the mobile device, receive, from the cloud-based application or the software application running on the mobile device, an identified second sleep status of the user based on the biological characteristics of the user measured at the second time point and transmit instructions to the controller to cause the one or more sound transducers to emit a second vibroacoustic stimulation based on the identified second sleep status of the user, the second vibroacoustic stimulation having a frequency or intensity different from that of the first vibroacoustic stimulation.
However, Auphan teaches an analogous sleep system (abstract and fig. 1a) comprising an additional processor in communication with the controller and either the cloud-based application or the software application running on the mobile device (see fig. 4 and paragraph 68, remote server 5 communicates with the controller in the bedside device and the mobile application) and wherein the base comprises one or more biometric sensors (fig. 1a, sensing portion 22) for measuring one or more biological characteristics of a user resting on the mattress (see paragraph 57)
at a first time point (see figs. 3a-3c and paragraphs 84 and 98-101, the user’s biological characteristics are measured throughout the night, meaning at multiple time points so there is a first time point) and at a second time point after the first time point (see figs. 3a-3c and paragraphs 84 and 98-101, the user’s biological characteristics are measured throughout the night, meaning at multiple time points so there is a second time point after the first);
wherein the additional processor is configured to
transmit the biological characteristics measured at the first time point to the cloud-based application or to the software application running on the mobile device (see fig. 2 and paragraph 65 and 68-70, the data is transmitted to the server and then the mobile device);
receive, from the cloud-based application or the software application running on the mobile device, an identified first sleep status of the user based on the biological characteristics of the user measured at the first time point (see fig. 4 and paragraphs 68-70 and 122; the sleep status data from the controller can be sent to a supplemental controller (such as the remote server)), and
transmit instructions to the controller to cause the one or more sound transducers to emit a first vibroacoustic stimulation based on the identified first sleep status of the user (see figs. 3a-3c and paragraphs 70 and 87-88 and 122, depending on the sleep stage the speaker will emit a certain sound via instructions received from a controller, a supplemental controller (such as the remote database) can be used);
and wherein the additional processor is further configured to transmit the biological characteristics measured at the second time point to the cloud-based application or to the software application running on the mobile device (see fig. 2 and paragraph 65 and 68-70, the data is transmitted to the server and then the mobile device),
receive, from the cloud-based application or the software application running on the mobile device, an identified second sleep status of the user based on the biological characteristics of the user measured at the second time point (see fig. 4 and paragraphs 68-70 and 122; the sleep status data from the controller can be sent to a supplemental controller (such as the remote server)), and
transmit instructions to the controller to cause the one or more sound transducers to emit a second vibroacoustic stimulation based on the identified second sleep status of the user (see figs. 3a-3c and paragraphs 70 and 87-88 and 122, depending on the sleep stage the speaker will emit a certain sound via instructions received from a controller, a supplemental controller (such as the remote database) can be used), the second vibroacoustic stimulation having a frequency or intensity different from that of the first vibroacoustic stimulation (see figs. 3a-3c and paragraphs 70 and 87-88, depending on the sleep stage the speaker will emit a certain sound, the REM sounds being different than the fall asleep sounds).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the method of Wang to use biosensors to identify the sleep status of the user and adjust the stimulation based on the identified sleep status, as taught by Auphan, for the purpose of adjusting the stimulation applied by Wang to be personalized to the user. By figuring out the sleep stage of the user, the stimulation can be personalized and adjusted to that user to give an optimal simulation that helps them sleep well and is timed to the stage. The system can also play the optimal sounds to help the user fall asleep and to help them wake up (see paragraphs 10-15).
The combination still fails to teach an assessment on whether to elongate or change the first sleep status, and an assessment of whether to elongate of change the second sleep status. Lee teaches an analogous deep sleep and growth promoting system embedded within a mattress (page 7 of the attached translated application), that does teach processing, via the software application on the mobile device or via the cloud-based application, the one or more biological characteristics to identify a sleep status of a user (Page 8 states “the user terminal 400 is provided as a typical smart phone with mobility. The user terminal 400 is capable of outputting a sleep-inducing sound to induce sleep of the user lying in bed, and determines whether the user is asleep and the sleep state. “) and to assess whether to elongate or change both the first and second sleep status (page 12 states “if it is determined that the user is not in a sleeping state, the return is made to the step (S1) of outputting the deep sleep inducing sound, and when returning to the step (S1) of outputting the deep sleep inducing sound, the terminal control unit 430 controls the deep sleep inducing sound output just before. Ignores the remaining output time and outputs the sleep-inducing sound for another 20 minutes without user intervention.” This depicts a determination of elongating or changing a first sleep status. Furthermore, page 13 states “At this time, if the user's sleep stage is determined to be the REM sleep stage, the deep sleep inducing sound output device 600 or the user terminal 400 outputs the deep sleep inducing sound for another 20 minutes without user intervention (step S7). Here, REM sleep accounts for about 1/4 to 1/5 of the total sleep and lasts 20 to 30 minutes per cycle throughout the sleep cycle, and then transitions into first NREM sleep (the process of transitioning from waking to sleeping). If the sleep-inducing sound is output for more than 20 minutes, it will disturb the user's sleep. Therefore, it is desirable to output deep sleep-inducing sounds for 20 minutes during the REM sleep stage. And when the output of the deep sleep inducing sound ends in step S7, the process returns to step S4 where it is determined whether the user's sleep stage is the fourth non-REM sleep stage. Conversely, if it is determined that the user's sleep stage is not the REM sleep stage, the process returns to step S4 of determining whether the user's sleep stage is the fourth NREM sleep stage”. Here an assessment of a second sleep state is conducted.), and transmitting via the software application on the mobile device or via the cloud-based application, instructions to the controller to cause the one or more sound transducers to emit a vibroacoustic stimulation based on the assessment of whether to elongate of change the sleep status for both the first and second sleep status (page 3 states “a method of controlling a deep sleep inducing and growth promotion system according to another aspect includes the step of outputting a deep sleep inducing sound input by the user for 20 minutes when the user goes to bed to sleep ( S1); Step (S2) of acquiring and outputting the user's heart rate and blood flow in real time as the user's biometric information; A step (S3) of determining whether the user is asleep based on the output biometric information of the user; Depending on the result of determining whether the user is asleep, determining whether the user's sleep stage is the fourth NREM sleep stage when the sleep state is determined (S4); According to the result of determining whether the fourth NREM sleep stage is present, outputting vibration to the user's knee growth plate for 10 minutes when the fourth NREM sleep stage is determined (S5); According to the result of determining whether the user is in the fourth NREM sleep stage, if it is not the fourth NREM sleep stage, determining whether the user's sleep stage is the REM sleep stage (S6); And depending on the result of determining whether the sleep stage is in the REM sleep stage, a step (S7) of outputting a deep sleep inducing sound for 20 minutes when the sleep stage is determined to be in the REM sleep stage.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Wang with the teachings of Lee and include an assessment on whether to elongate or change the first sleep status, and an assessment of whether to elongate of change the second sleep status as this allows for the use of user biometric data to determine the sleep state of the user, leading to optimal sleep of the user (abstract).
Regarding Claim 17, modified Wang discloses the power base assembly of claim 16, wherein the frame is an articulating frame (bed further comprises a lifting mechanism positioned between the frame structure 110 and the plurality of platforms 181-185 for operably adjusting positions of at least one of the plurality of platforms 181-185 so as to adjust the bed at a desired position, Para. [0067]).
Regarding Claim 18, modified Wang discloses the power base assembly of claim 16, wherein the frame includes a head portion and a foot portion (each lifting assembly 100 also includes a back lifting arm 116 and a leg lifting mechanism, and a pair of lifting actuators [a back lifting actuator and a leg lifting actuator] 115 received in and secured on the bracket 112, Para. [0069]; the head and back platforms 181-182 are coupled with the back lifting arm 116, Para. [0070]), and wherein the one or more sound transducers comprise a first pair of sound transducers positioned adjacent to the head portion of the frame and a second pair of sound transducers positioned adjacent to the foot portion of the frame ( there are four music vibrators 130 in total, of which two music vibrators 130 are installed on the back platform 182, and the other two music vibrators 130 are installed on the thigh platform 184, Figs. 1, 3, and 6-8, Para. [0062]).
Regarding Claim 20, modified Wang discloses the power base assembly of claim 16, further comprising a sound bar operably connected to the one or more sound transducers, the sound bar for transmitting an audio signal to the one or more sound transducers via the controller (sonic vibrator may include a sound box and one or more vibration motors, Para. [0060]; the bed may include a number of Bluetooth speakers 16-17 and a sonic control system 13 electrically coupled with the speakers 16-17 and music vibrators 130, Fig. 10, Para. [0080]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view Auphan and Lee further in view of He et al. CN 112162517A.
Regarding claim 10, modified Wang teaches the method of claim 1, wherein the frame is an articulating frame including a head portion and a foot portion (bed further comprises a lifting mechanism positioned between the frame structure 110 and the plurality of platforms 181-185 for operably adjusting positions of at least one of the plurality of platforms 181-185 so as to adjust the bed at a desired position. Platform 181 is the head portion and platform 185 is the foot portion), but fails to explicitly teach wherein the method further comprises transmitting, via the software application on the mobile device or via the cloud-based application, instructions to the controller to articulate the head portion, the foot portion or both based on the identified first or second sleep status of the user. He discloses an analogous sleep control system that does teach wherein the method further comprises transmitting, via the software application on the mobile device or via the cloud-based application, instructions to the controller to articulate the head portion, the foot portion or both based on the identified first or second sleep status of the user (page 35 of the attached translated application states “in the anti-snore state, representing the head of the intelligent mattress 10 has been adjusted inclined angle, if there is snore signal, then the anti-snore state corresponding to the snore operation. firstly, judging the duration of the snore signal; if it exceeds the first preset time and the current head inclined angle of the intelligent mattress 10 is less than the first preset angle, then representing snore duration has long time, snore is more serious, and also can continuously control the working state of the lifting unit 16; continuously adjusting the head inclined angle of the intelligent mattress 10, the second preset angle is increased from the current head inclined angle, so as to realize the snore signal of continuously stopping snore. if the duration of the snore signal does not exceed the first preset time, then representing snore signal duration is short, reaching the snore-free state, the first control unit 12 ending the anti-snoring operation under the cycle, again starting the next cycle of judging and anti-snore operation. at the same time, the head inclined angle of the intelligent mattress 10 has a certain limit, if it is too large, the user head is too high, sleep posture is not good, so the head inclined angle of the intelligent mattress 10 cannot exceed the first preset angle, if the current head inclined angle is greater than or equal to the first preset angle; then the first control unit 12 will end the anti-snoring operation under the circulation, again opening the next cycle of judging and anti-snore operation.”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Wang with the teachings of He and include transmitting, via the software application on the mobile device or via the cloud-based application, instructions to the controller to articulate the head portion, the foot portion or both based on the identified first or second sleep status of the user as this optimizes comfort for the user based on the sleeping state of the user.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view Auphan and Lee as applied to claim 16 above and further in view of Nielsen et al. (US PGPub 20170173481).
Regarding Claim 19, modified Wang discloses the power base assembly of claim 16, but fails to explicitly disclose the power base assembly wherein each of the one or more sound transducers are configured to emit a vibroacoustic stimulation at frequencies ranging from about 20 Hz to about 150 Hz.
However, Nielsen is in the field of a system for relieving pain by means of sound waves (Nielsen Para. [0001]) and teaches the power base assembly wherein each of the one or more sound transducers are configured to emit a vibroacoustic stimulation at frequencies ranging from about 20 Hz to about 150 Hz (a stimulus in an examination session can also be any other frequency in the defined operating range of the transducer i.e. 5-200 Hz, Para. [0050]).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, modify modified Wang to include vibroacoustic stimulation at frequencies ranging from about 20 Hz to about 150 Hz as taught by Nielsen. The motivation being to in order to examine how the user responds to different stimulation frequencies (Nielsen Para. [0050]).
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Auphan and Lee as applied to claim 16 above and further in view of Schlender et al. (US PGPub 20220370278).
Regarding Claim 22, modified Wang discloses the power base assembly of claim 16, but fails to explicitly disclose the power base assembly further comprising one or more environmental sensors operably connected to the controller, the one or more environmental sensors for measuring a local environmental condition.
However, Schlender is in the field of a vibroacoustic therapy bed, and more specifically, to delivery of a multi-sensory media experience using a vibroacoustic therapy bed (Schlender Para. [0001]) and teaches the power base assembly further comprising one or more environmental sensors operably connected to the controller, the one or more environmental sensors for measuring a local environmental condition (biometric sensors 424 may include various sensing devices to sense environmental conditions associated use of the vibroacoustic therapy bed 100, Fig. 4, Para. [0039]).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify modified Wang to include environmental sensors as taught by Schlender. The motivation being to automatically generate recommendations for an experience targeted to a specific user (Schlender Para. [0041]).
Regarding Claim 23, modified Wang discloses the power base assembly of claim 22, wherein the controller to cause the one or more sound transducers to emit a vibroacoustic stimulation in a predetermined pattern of frequencies or intensities (through the buttons on the remote control 15, the music vibrators 130 can be activated to generate vibrations directly according to the preset frequency and cycle, Fig. 10, Para. [0081]; control box 6 is electrically coupled to the music vibrators 130 and lifting actuators 115 by a plurality of connecting cables 14, or wirelessly, for controlling their operations, Fig. 10, Para. [0080]), but fails to explicitly disclose the power base assembly wherein the environmental sensors provide input to the controller to cause the one or more sound transducers to emit a vibroacoustic stimulation in response to the measured local environmental condition.
However, Schlender is in the field of a vibroacoustic therapy bed, and more specifically, to delivery of a multisensory media experience using a vibroacoustic therapy bed (Schlender Para. [0001]) and teaches the power base assembly wherein the environmental sensors provide input to the controller to cause the one or more sound transducers to emit a vibroacoustic stimulation in response to the measured local environmental condition (biometric sensors 424 may include various sensing devices to sense environmental conditions associated use of the vibroacoustic therapy bed 100, Fig. 4, Para. [0039]; experience customization module 504 customizes a selected experience for a user based on information in the user profile store 508, real-time biometric information obtained from the biometric processing module 506, contemporaneously obtained user inputs, or other data. For example, the experience customization module 504 may apply a set of user-customizable filters to generate or modify the various channels associated with the multisensory media experience for driving different output devices 416 of the vibroacoustic therapy bed 100, Para. [0042]).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify modified Wang to include environmental sensors providing input to the controller to cause vibroacoustic stimulation as taught by Schlender. The motivation being to automatically generate recommendations for an experience targeted to a specific user (Schlender Para. [0041]).
Conclusion
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/ROHAN PATEL/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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