DETAILED ACTION
This action is in response to the Response to Election/Restriction filed 1/8/2026. Currently, claims 1-13 are pending in the application. Claims 1-6, 11 and 12 are withdrawn and not examined at this point. New claim 13 is added by Applicant.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant's election with traverse of Invention II, claims 7-10 and 13 in the reply filed on 1/8/2026 is acknowledged. The traversal is on the ground(s) that the elected apparatus claims and the non-elected method and system claims are directed to inventions that are not distinct because the method and system claims require the apparatus of the elected group, and examination of the apparatus claims will necessarily resolve issues common to all claim sets. This is not found persuasive because the Inventions identified by the Office in the Requirement for Restriction mailed 11/17/2025 are distinct for the reason(s) explicitly detailed therein.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 7 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “a BLE or Wi-Fi transmitter” in line 8 of the claim should be amended to recite ---a Bluetooth Low Energy (BLE) or Wi-Fi transmitter---. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 7, 9, 10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chou (US 2022/0218293 A1).
In regards to claim 7, Chou teaches
a wearable anti-snore ring ([0149] teaches “the sleep respiratory device can be implemented to adopt a common wearable style in daily life, such as wrist-worn or finger-worn style… such as smart watch, smart ring;” [0001] teaches “a sleep system and a sleep alarm method capable of evaluating and improving sleep breathing disorders;” [0020] teaches “at least an alarm is produced and provided to the user for achieving the effects of influencing the user's sleep position and/or the user's breathing condition during sleep;” [0131] teaches “the alarm is provided based on the detection of snoring;” [0165] teaches that the system “can be implemented to provide the alarms when sleep respiratory events obtained by analyzing the sleep respiratory information, such as snore events or ODI events, happen, so as to perform sleep respiratory feedback training”) comprising:
a flexible ring structure ([0149] teaches “the sleep respiratory device can be implemented to adopt a common wearable style in daily life, such as wrist-worn or finger-worn style… such as smart watch, smart ring;” [0269] teaches that the material of the wearable structure “can be varied, e.g., to be the fabric, the silicone, the rubber etc.,” which are flexible materials);
a vibration motor ([0060] teaches “the system may also include an alarm unit,” “many types of alarm are possible including: audible, visual, tactile, e.g., sound, electronic stimulation, vibrotactile, or any other may be applied to notify the user” and “the use of vibrotactile feedback, such as a vibration motor, is preferred”); and
a smartphone (taught in [0162]) comprising:
a microphone for sound detection ([0149] teaches “the microphone of a smartphone can be used to detect the sounds of snoring and breathing so as to obtain the sleep respiratory information”);
a BLE or Wi-Fi transmitter (a smartphone is understood to include a BLE or Wi-Fi transmitter; [0063] teaches “The system may include a communication module which can be a wireless module, such as a Bluetooth, BLE, Zigbee, WiFi, RF or other communication protocol, and/or a USB interface to communicate with external devices, may include but not limit to, a smartphone, a tablet computer, a notebook computer, a personal computer, or a smart watch, a smart band, and other wearable devices;” [0175] teaches “stored information can be sent out, e.g., to an external device, such as a cell phone, a computer, through wireless communication, e.g., Bluetooth;” [0208] teaches “a communication module, e.g., a wireless module, such as a Bluetooth, BLE, Zigbee, WiFi, RF, or a wired communication module, such as USB interface, UART interface, for transmitting to another wearable device, e.g., wearable smart device, or to an external device, e.g., smartphone”);
a smartphone application ([0174] teaches “the operations of the system, such as the start/stop, parameter settings, may vary differently” and “for example, it can be implemented to use the external device wirelessly communicated to operate, e.g., through the application loaded in the smartphone, such that the operation interface thereof can be used to control the system”), wherein the smartphone application is operative to analyze snoring and transmit signals ([0151] teaches that the microphone can acquire snoring related information and “so as to decide [which would necessarily require analysis] various kinds of sleep respiratory events, e.g., ODI event, low oxygen level event, heart rate variation sleep respiratory event, snore event, apnea event and/or hypopnea event;” [0174] teaches that the operation of the smartphone application can be used to control the system, which would require the transmission of signals).
In regards to claim 9, Chou teaches the apparatus of claim 7. Chou teaches that the smartphone application comprises: algorithms for analyzing sounds detected by the microphone to determine snoring ([0151] teaches that the microphone can acquire snoring related information and “so as to decide [which would necessarily require analysis] various kinds of sleep respiratory events, e.g., ODI event, low oxygen level event, heart rate variation sleep respiratory event, snore event, apnea event and/or hypopnea event;” [0174] teaches that the operation of the smartphone application can be used to control the system); a user interface for customizing parameters related to snore detection and vibration settings ([0174] teaches “the operations of the system, such as the start/stop, parameter settings, may vary differently” and “for example, it can be implemented to use the external device wirelessly communicated to operate, e.g., through the application loaded in the smartphone, such that the operation interface thereof can be used to control the system;” [0079] teaches “even only one type of alarm is employed, it also can have variety, for example, the tactile alarms can have different combinations according to the strength, frequency and/or duration thereof”).
In regards to claim 10, Chou teaches the apparatus of claim 7. Chou teaches a battery ([0064] teaches “the system may include a power module, such as a coin cell, alkaline battery, or rechargeable Li ion battery”) and a battery charger integrated into the wearable anti-snore ring for powering and recharging the device, respectively ([0064] teaches “the system may have charging circuitry, such as inductive charging circuitry, or charged by the USB port or spring pins optionally”).
In regards to claim 13, Chou teaches the apparatus of claim 7. Chou teaches that the wearable anti-snore ring ([0149] teaches “the sleep respiratory device can be implemented to adopt a common wearable style in daily life, such as wrist-worn or finger-worn style… such as smart watch, smart ring;” [0001] teaches “a sleep system and a sleep alarm method capable of evaluating and improving sleep breathing disorders;” [0020] teaches “at least an alarm is produced and provided to the user for achieving the effects of influencing the user's sleep position and/or the user's breathing condition during sleep;” [0131] teaches “the alarm is provided based on the detection of snoring;” [0165] teaches that the system “can be implemented to provide the alarms when sleep respiratory events obtained by analyzing the sleep respiratory information, such as snore events or ODI events, happen, so as to perform sleep respiratory feedback training”) further comprises a Bluetooth Low Energy (BLE) or Wi-Fi module operative to receive signals transmitted from the smartphone ([0063] teaches “The system may include a communication module which can be a wireless module, such as a Bluetooth, BLE, Zigbee, WiFi, RF or other communication protocol, and/or a USB interface to communicate with external devices, may include but not limit to, a smartphone, a tablet computer, a notebook computer, a personal computer, or a smart watch, a smart band, and other wearable devices;” [0175] teaches “stored information can be sent out, e.g., to an external device, such as a cell phone, a computer, through wireless communication, e.g., Bluetooth;” [0208] teaches “a communication module, e.g., a wireless module, such as a Bluetooth, BLE, Zigbee, WiFi, RF, or a wired communication module, such as USB interface, UART interface, for transmitting to another wearable device, e.g., wearable smart device, or to an external device, e.g., smartphone”).
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chou (US 2022/0218293 A1) in view of Wasson et al. (US 10,918,289 B1).
In regards to claim 8, Chou teaches the apparatus of claim 7. Chou teaches that the wearable anti-snore ring ([0149] teaches “the sleep respiratory device can be implemented to adopt a common wearable style in daily life, such as wrist-worn or finger-worn style… such as smart watch, smart ring;” [0001] teaches “a sleep system and a sleep alarm method capable of evaluating and improving sleep breathing disorders;” [0020] teaches “at least an alarm is produced and provided to the user for achieving the effects of influencing the user's sleep position and/or the user's breathing condition during sleep;” [0131] teaches “the alarm is provided based on the detection of snoring;” [0165] teaches that the system “can be implemented to provide the alarms when sleep respiratory events obtained by analyzing the sleep respiratory information, such as snore events or ODI events, happen, so as to perform sleep respiratory feedback training”) further comprises: an integrated microcontroller ([0036] teaches “all the components are connected to the control unit” and “the control unit is in particular contains at least one microcontroller”), wherein the microcontroller is operative to receive and process signals from the smartphone ([0106] teaches that the controller unit collect data from the smartphone) and control the vibration motor ([0036] teaches “the control unit makes it possible to transfer all the signals between the different hardware components and external applications/products connected to the device/system;” “[0114] teaches “the control unit generates a driving signal and after receiving the driving signal, the alarm unit produces at least an alarm for providing to the user, thereby achieving the purpose of sleep positional training and/or sleep respiratory feedback training”).
Chou does not teach that the wearable anti-snore ring further comprises: an adjustable opening to accommodate fingers of varying sizes.
However, Wasson et al. teaches in Figure 4A an analogous ring with an adjustable opening to accommodate fingers of varying sizes (claim 7 teaches “an adjustment mechanism for adjusting a size of at least the opening in the ring-shaped housing;” column 7, lines 42-46 teaches “The ring 104 in FIG. 4A can be adjustable. In some embodiments, the ring 104 is flexible and adjustable in size” and “In some embodiments, the connection 404 is an elastic element that pulls the two halves of the ring 104 together”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the wearable anti-snore ring of Chou to further comprise an adjustable opening to accommodate fingers of varying sizes as taught by Wasson et al. because this element is known to provide that “the ring can be tightened to a comfortable fit around the finger,” providing “a tight and comfortable fit,” as Wasson et al. teaches in column 7, lines 37-40.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
OGAWA et al. (US 2023/0056093 A1)
FONSECA et al. (US 2024/0000349 A1)
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 1/28/2026