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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites, “wherein the wearable devices are connected to the electronic devices” and “from electronic devices, the one or more physiological parameters of each of the plurality of users without the wearable devices,” The specification does not disclose where the wearable devices of one set of users connect to other users electric devices, who are not wearing wearable devices. Therefore the Claims are not supported by the specification and do not have sufficient support.
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.
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.
Claim(s) 1-4, 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Redmond et al [hereinafter Redmond] (US PGPUB 20230173221) in view of Zhao et al [hereinafter Zhao] (US PGPUB 20200200416)
As per Claim 1, 11, Redmond discloses, “A method for controlling an air conditioner in a multi-user environment, the method comprising: identifying, by one or more sensors, one or more activities of …user; “the user parameters can include parameters that provide information on stimuli from the environment of the user. For example, the respiratory therapy system, or another device, within the environment can detect room or environmental stimuli that might impact sleep. The environmental impact can include, for example, audio stimuli, visual stimuli, temperature stimuli, etc., such as loud sounds, phone ringing, and so forth” (0127) obtaining, by the one or more sensors, one or more physiological parameters of a user and one or more environment conditions; “The PPG sensor 260 can generate user parameters that are indicative of blood flow of the user 102, blood oxygen levels of the user 102, heart rate of the user 102, an apnea event that the user 102 is currently experiencing, an apnea event that the user 102 is likely to experience in the future, or any combination thereof.” (0149) “The system 200 can further include a temperature sensor 246, a camera 249, an infrared camera 250, a pressure sensor 252, a motion sensor 254, an actigraphy sensor 258, a photoplethysmogram (PPG) sensor 260, a galvanic skin response (GSR) sensor 262, electrocardiogram (ECG) sensor 264, and other sensors 266 (e.g., electroencephalography (EEG) sensor, electromyography (EMG) sensor, blood flow sensor, respiration sensor, pulse sensor, sphygmomanometer sensor, oximetry sensor, etc.). The temperature sensor 246 can be used to determine temperature of the user 102 at various locations on the body of the user 102. The camera 249 and infrared camera 250 can be positioned to capture movement and change in heat signatures of the user 102. “ (0145) creating, by one or more processors, a profile for a user based on at least one of the one or more physiological parameters or the one or more environment conditions; generating, by the one or more processors,; and modulating, by the one or more processors, “The sleep profiles can include one or more flow levels, one or more humidity levels, one or more temperature levels, one or more leak levels, one or more apnea-hypopnea indexes, a number and/or duration of therapy sessions using a respiratory therapy system, a change in location and/or position of the user, or a combination thereof of the user.” (0173) “ Aspects of the embodiment include the step of updating the one or more pre-trained or dynamic models based, at least in part, on an outcome of the adjusting of the one or more control parameters. Aspects of the embodiment include the one or more desired sleep architectures being from a plurality of users. Aspects of the embodiment include the one or more desired sleep architectures being from the user. “ (0011)
Zhao discloses, each of a plurality of users; a composite profile for each of the plurality of users “, the system includes an occupant health database with profiles of occupants associated with wearable devices having sensors” (0030) “ changing an electrical lighting setting of a light source proximate the occupant associated with the wearable sensor, changing a temperature setting of a heating, ventilation, and air conditioning (HVAC) system, and/or changing an air flow setting of an HVAC system. As noted above, the systems herein provide environment customization options for occupants of the space. To that end, the system 100 may include an occupant database 114 that has personal target building parameters therein. Further, the control circuit 102 is further configured to determine whether the received sensor measurements fall within the personal target building parameters in addition to the target operational parameters.” (0177-0178) a setting of the air conditioner based on the composite profile of each of the plurality of users “More specifically, in some embodiments the disclosed systems and methods can provide an interdisciplinary approach to benchmarking, ranking and prioritizing potential interventions that takes into account demographics (e.g., age, gender, race/culture), geography, health and other priorities, group affiliation, and the availability, feasibility, and expected efficacy of options and other interventions for improving health and well-being and creating other benefits. In some embodiments, the disclosed systems and methods may be useful to a diverse group of stakeholders, including, but not limited to, architects, interior designers, health scientists, insurance personnel, and regulatory agencies, for identifying and comparing interventions based on their top concerns (e.g., health needs, preference, efficacy, efficiency, cost, benefit provided, duration or scope of benefit provided, cost, cost-effectiveness, etc.).” (0054)
One of ordinary skill in the art would have recognized that applying the known technique of Zhao with the known techniques of Redmond namely, specifics of applying and collecting information regarding a plurality of users and ranking/determining a best solution for the collection of users and data obtained, would have yielded predictable results and resulted in an improved system. Accordingly, applying the teachings of Zhao with the teachings of Redmond to apply similar teaching to more than one user in an environment would have been recognized by those of ordinary skill in the art. Zhao expresses this as “an intervention may be or include one or more built environment design or policy strategies or attributes that aim to impact one or more problems in a built environment or otherwise reduce the occurrence or ramifications of the one or more problems. Individual interventions, or sets of one or more interventions, may vary in their cost, feasibility, implementability, time required for implementation, effectiveness, etc., and may be ranked in accordance with one or more of these or other factors.” (0055)
As per Claim 2, 12, Redmond discloses, “wherein the one or more activities comprise active state and sleep state activity of one of the plurality of users” “one or more of the sleep-related parameters described in herein such as, for example, a respiration signal, a respiration rate, an inspiration amplitude, an expiration amplitude, an inspiration-expiration ratio, a number of events per hour, a pattern of events, a sleep state, a sleep stage, pressure settings of the respiratory therapy device “ (0144, 0162) wherein the one or more physiological parameters comprise at least one of heart rate, stress level, blood pressure, SPO2 level, or body temperature of one of the plurality of users, “ other user parameters can include any physiological parameters. Such physiological parameters can include, for example, respiration parameters, such as breathing rate, breathing volume, etc.; cardiac parameters, such as heart rate, cardiac output, etc.; and movement parameters, such as gross body movement, micro-arousals, etc. The movement parameters can include, for example, unusual movements, such as limb movements of PLM, or jaw movements (and sound) of bruxism.” (0124) “ The PPG sensor 260 can generate user parameters that are indicative of blood flow of the user 102, blood oxygen levels of the user 102, heart rate of the user 102,” (0149) and wherein the one or more environment conditions comprise at least one of ambient temperature, humidity, or sleep timing pattern. “spects of the embodiment include the one or more control parameters of the one or more devices in the environment of the user including a light level, a sound level, a room temperature level, a humidity level, a sound level, an electrical stimulation, a sound masking or sound cancellation level, a bed level” (0011)
As per Claim 3, 13, Redmond discloses, wherein the creating the profile for each of the plurality of users comprises: determining, by the one or more processors, sleep quality of each of the plurality of users in one or more sleep states using one or more derived parameters, “In one or more implementations, a sleep score can include aspects of mask effectiveness (low leak/good seal), good usage time of respiratory therapy system, reduced awakenings or arousals, ratio of deep sleep, ratio of REM sleep, apneas effectively treated without disturbing patient, residual AHI, a personal component (based on how the user feels), another objective component based on the user's detected alertness, sufficiency of sleep cycles, comparison of actual sleep architecture to desired sleep architecture, snoring, sleep efficiency, sleep quality, sleep latency, sleep fragmentation, comparison to people of similar age, and comparison to people of similar gender.” (0218)
wherein the one or more derived parameters comprise at least one of a sleeping posture, sleep waking, dehydration, or frequency of change in the sleeping posture; “Aspects of the embodiment include the one or more user parameters including breath carbon dioxide levels, cardiac parameters, respiration parameters, movement parameters, a location and/or position of the user, or a combination thereof.” (0013) “detecting the presence/absence of a person, the person's movements, as well as a number of biometric characteristics. A wide variety of parameters can be estimated, including a breathing rate, relative amplitude of breathing (shallow, deep etc.), a heart rate and heart rate variability, movement intensity and duration, and an activity index. Using one or more of these parameters, one can then determine whether the subject is awake or asleep, and if asleep, what is their sleep stage (light N1 or N2 sleep, deep sleep or REM sleep), as well as to predict likely upcoming sleep stage.” (0099)
optimizing, by the one or more processors, a duration of the one or more sleep states based on the one or more sleep states and minimizing power consumption by modulating the setting, wherein the setting comprises one or more air conditioning (ac) modes, fan speeds, and ac temperature; “For example, when a user falls asleep, home lighting can be dimmed or change color (e.g., from white to red), curtains or blinds can be automatically closed, thermostat settings can be adjusted to manage the temperature of the sleeping environment, and music playback can be reduced in volume and turned off over time.” (0101) “The user devices 256 with respect to humidity can be a personal humidifier in the environment (separate from any humidifier within the respiratory therapy system) or a humidifier within a heating, ventilation, and air conditioning (HVAC) system. The user devices 256 with respect to sound can be any device that emits sound, such as a stereo system, a white noise generator, a personal alarm clock or radio, etc. The user devices 256 with respect to temperature can be the HVAC system or a space heater or cooler that can raise the temperature within the environment of the user.” (0158) “for identifying and comparing interventions based on their top concerns (e.g., health needs, preference, efficacy, efficiency, cost, benefit provided, duration or scope of benefit provided, cost, cost-effectiveness, etc.).” (0054 Zhao)
Zhao discloses, and creating, by the one or more processors), the profile for each of the plurality of users based on at least one of the determined sleep quality, the optimized duration of the one or more sleep states, or the modulated setting “ More specifically, the system 100 may include an occupant database 106 with occupant profiles that may include biometric information associated with occupants. With this information, the control circuit 102 may compare received sensor measurements from the wearable sensor with the occupant of the wearable sensor to detect actionable biometric parameters of the associated occupant. With this information, the control circuit is configured to instruct the built structure environmental control system to adjust at least one of lighting levels, temperature levels, or air quality levels upon detection of an actionable biometric parameter.” (0173)
As per Claim 4, 14, Redmond discloses, wherein the generating the composite profile for each of the plurality of users comprises: monitoring, by the one or more sensors, the one or more activities of each of the plurality of users; “artificial intelligent (AI) process to provide improved flexibility and scope, such as by combining detected information (e.g., historic user data) from daytime activities (e.g., detected exercise or step information and heart rate such as from wearable GPS, accelerometers, heart rate sensors and other activity monitors that may also detect such information through motion sensing etc.) and detected sleep information in order to deliver tailored services, such as sleep related advice and product offers, based on the combined detected data.” (0115) receiving, by the one or more processors, the one or more physiological parameters of each of the plurality of users; “The PPG sensor 260 can generate user parameters that are indicative of blood flow of the user 102, blood oxygen levels of the user 102, heart rate of the user 102, an apnea event that the user 102 is currently experiencing, an apnea event that the user 102 is likely to experience in the future, or any combination thereof.” (0149) “The system 200 can further include a temperature sensor 246, a camera 249, an infrared camera 250, a pressure sensor 252, a motion sensor 254, an actigraphy sensor 258, a photoplethysmogram (PPG) sensor 260, a galvanic skin response (GSR) sensor 262, electrocardiogram (ECG) sensor 264, and other sensors 266 (e.g., electroencephalography (EEG) sensor, electromyography (EMG) sensor, blood flow sensor, respiration sensor, pulse sensor, sphygmomanometer sensor, oximetry sensor, etc.). The temperature sensor 246 can be used to determine temperature of the user 102 at various locations on the body of the user 102. The camera 249 and infrared camera 250 can be positioned to capture movement and change in heat signatures of the user 102. “ (0145)
Zhao discloses, enabling, by the one or more processors, a bio-sleep functionality; identifying, by the one or more sensors or one or more electronic devices, a number of the plurality of users present in the multi-user environment and classifying each of the plurality of users; “ More specifically, the system 100 may include an occupant database 106 with occupant profiles that may include biometric information associated with occupants. With this information, the control circuit 102 may compare received sensor measurements from the wearable sensor with the occupant of the wearable sensor to detect actionable biometric parameters of the associated occupant. With this information, the control circuit is configured to instruct the built structure environmental control system to adjust at least one of lighting levels, temperature levels, or air quality levels upon detection of an actionable biometric parameter.” (0173)
determining, by the one or more processors, a priority score of each of the plurality of users based on a first set of parameters received from the profile; (when the methods and systems herein determine a potential intervention associated with an indicator, a plurality of potential interventions associated with the indicator may be identified. Further, the potential interventions associated with the indicator may be ranked and prioritized for selection. (0213) “determining a plurality of potential interventions based on the at least one of the plurality of indicators, wherein each of the at plurality of interventions can reduce prevalence of the at least one problem in the built environment, prioritizing the plurality of potential interventions, and selecting at least one of the plurality of potential interventions based at least in part on the prioritizing of the plurality of potential interventions.” (237) “score is calculated for each potential intervention, the 11 score may be used to prioritize or otherwise rank the identified interventions for a problem associated with a built environment, person, group of people, etc.” (260)
determining, by the one or more processors, the setting of the air conditioner based on an aggregated setting for all of the plurality of users, wherein the aggregated setting comprises the setting for all of the plurality of users received from the profile; determining, by the one or more processors, a collective sleep quality score based on a sleep quality score of each of the plurality of users for the setting for all of the plurality of users received from the profile; enabling, by the one or more processors, the setting of the air conditioner based on determining a highest collective sleep quality score of the sleep quality score of each of the plurality of users; and generating, by the one or more processors, the composite profile based on the setting for all of the plurality of users received from the profile. “As suggested above, potential interventions may be ranked in 816 based at least in part on at least one of the following: relevance to a person or a group of people, relevance to a built environment, effectiveness of at least two of the plurality of potential interventions, efficiency of at least two of the plurality of potential interventions, cost of at least two of the plurality of potential interventions, feasibility of at least two of the plurality of potential interventions, implementability of at least two of the plurality of potential interventions within a given time period, physical comfort of the person, work satisfaction of the person, at least one environmental condition in the built environment, and number of people that would be impacted by at least two of the plurality of potential interventions. As noted above, the problems can relate, for example, to a disease, disability, discomfort, dissatisfaction for the person, and/or a medical or health condition of a person.As another example of ranking of two or more interventions, interventions may be ranked according to a number of things, such as analytical soundness, measurability, relevance, cost, feasibility, effectiveness, and relationship to each other. (0255-265)
Claim(s) 5-8, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Redmond et al [hereinafter Redmond] (US PGPUB 20230173221) in view of Zhao et al [hereinafter Zhao] (US PGPUB 20200200416) in further view of Ruiz et al [hereinafter Ruiz] (US PGPUB 20110204720)
As per claim 5, 15 Redmond discloses, wherein the bio-sleep functionality is enabled based on the one or more physiological parameters including blood viscosity and body temperature of each of the plurality of users, “The system 200 can further include a temperature sensor 246, a camera 249, an infrared camera 250, a pressure sensor 252, a motion sensor 254, an actigraphy sensor 258, a photoplethysmogram (PPG) sensor 260, a galvanic skin response (GSR) sensor 262, electrocardiogram (ECG) sensor 264, and other sensors 266 (e.g., electroencephalography (EEG) sensor, electromyography (EMG) sensor, blood flow sensor, respiration sensor, pulse sensor, sphygmomanometer sensor, oximetry sensor, etc.). The temperature sensor 246 can be used to determine temperature of the user 102 at various locations on the body of the user 102. The camera 249 and infrared camera 250 can be positioned to capture movement and change in heat signatures of the user 102” (0145) the one or more environment conditions including humidity, “Aspects of the embodiment include the one or more control parameters of the respiratory therapy system including a flow level, a pressure level, a motor speed, a vent valve, a humidity level, a temperature level, or a combination thereof of pressurized air supplied to the user from the respiratory therapy system. Aspects of the embodiment include the one or more control parameters of the one or more devices in the environment of the user including a light level, a sound level, a room temperature level, a humidity level, “ (0011)
Ruiz discloses, and a status of the air conditioner including backup power connection “, HEMS 26 may receive demand response signals 20 indicating a low energy demand on power grid 40 or a low real time pricing (RTP) of energy for low cost battery charging of vehicle and stationary batteries 38 and 46. During this period, HEMS 26 may rely on power grid electricity 122 to power refrigerators/freezers 104, lighting 106, televisions 108, heating and air conditioning, pool/spa equipment, pumps, heaters, and other appliances using energy 122 from power grid 40 and wind turbines 54 without reliance on stored energy in batteries 38 and 46. HEMS 26 may control energy usage at residential building 28 alone or in combination with control features of VCS 34 and UEMS 22 (0061)
One of ordinary skill in the art would have recognized that applying the known technique of Ruiz with the known techniques of Redmond and Zhao namely, specifics of utilizing a backup or supplemental power supply for HVAC system that optimizes cost, would have yielded predictable results and resulted in an improved system. Accordingly, applying the teachings of Ruiz with the teachings of Redmond and Zhao to apply similar teaching to the priority ranking system of Redmond and Zhao would have been recognized by those of ordinary skill in the art to provide another known technique of ranking interventions. Ruiz expresses this as “a building or vehicle control system may integrate energy control features to optimize usage of energy sources and distribution of energy among various loads based on energy demand, real time pricing (RTP) of energy, and prioritization of loads. For example, the building or vehicle control system may include a control panel having a building control, a vehicle control, a grid power control, a battery power control, a solar power control, a wind power control, an electricity buying/selling control, a battery charging/discharging control based on real time pricing (RTP) of energy, and a carbon counter” (0042)
As per Claim 6, Zhao discloses, wherein the one or more sensors comprise at least one of a camera sensor or a motion sensor mounted on the air conditioner,” the environmental control system 130 may also include an audio system 144 and/or Internet of things (IoT) devices 146, such as, for example, a smart coffee maker, camera, oven, fan, light, moving vacuum, music player, sound generator, mirror, sound inhibitor or masker, mobile device, television, workout equipment, and a refrigerator, among other options.” (0167) The mounting of a camera to the ac unit or other location is well within the confines of those of ordinary skill in the art and would have been an obvious design choice wherein the one or more electronic devices are connected to the air conditioner via Bluetooth technology or Wi-Fi technology, “the systems in the built structure 150, the database(s) 106, and the control circuit 102, may be communicatively coupled, either directly or indirectly, such as over one or more distributed communication networks 118, which may include, for example, LAN, WAN, Internet, cellular, Wi-Fi, and other such communication networks or combinations of two or more of such networks” (0171) and wherein the method further comprises classifying, by the one or more processors, each of the plurality of users into including first category of users with wearable devices and a second category of users without wearable devices. “a characteristic of a person, a group of people, a neighborhood or other community; one or more built environments; one or more devices associated with a person, worn by a person, or carried by a person; and/or a plurality of devices associated with a person associated with a built environment, worn by a person associated with a built environment, or carried by a person associated with a built environment.” (0068)
As per Claim 7, Zhao discloses, wherein receiving the one or more physiological parameters of each of the plurality of users comprises: receiving, from the wearable devices, the one or more physiological parameters of each of the plurality of users with the wearable devices; “the systems or methods may include sending, accessing, receiving, and/or analyzing data associated with one or more of the following: one or more people or groups of people (such as, for example, by receiving health data from wearable devices, such as smartwatches that track, for example, heart rate, steps, temperature, oxygen-levels, and/or other health-related aspects), a neighborhood or other community; a plurality of geographic locations; a plurality of potential interventions; a plurality of potential interventions, wherein at least two of the plurality of potential interventions are usable in a plurality of geographic locations and/or for one or more people; a plurality of potential interventions” (0068) and receiving, from electronic devices, the one or more physiological parameters of each of the plurality of users without the wearable devices, the electronic devices being at least one of a mobile phone, PDA, or ac remote control, wherein the wearable devices include at least one of wearable electronic devices, electronic devices implanted in a user's body, wearable devices tattoocd on skin, wristbands, or wristwatches, and wherein the wearable devices are connected to the electronic devices by at least one of Bluetooth technology or Wi-Fi technology. “the systems in the built structure 150, the database(s) 106, and the control circuit 102, may be communicatively coupled, either directly or indirectly, such as over one or more distributed communication networks 118, which may include, for example, LAN, WAN, Internet, cellular, Wi-Fi, and other such communication networks or combinations of two or more of such networks” (0171) “a neighborhood or other community; one or more built environments; one or more devices associated with a person, worn by a person, or carried by a person; and/or a plurality of devices associated with a person associated with a built environment, worn by a person associated with a built environment, or carried by a person associated with a built environment.” (0068) “ In one illustrative approach, a wearable or electronic user device may be periodically queried to request feedback from occupants in the built environment (such as, for example, to query occupants about comfort and/or alertness, among others)” (0069) “a user with an intervention assessment system installed in their home, by one approach, may receive a signal indicative of an indicator on a personal electronic device (e.g., a mobile telephone, fitness tracker, or smartwatch) about an elevated level of particulate in an area of a home, the personal electronic device may also then present one or more options for remediation” (0205)
As per Claim 8, Redmond discloses, wherein the first set of parameters comprise at least one of age, body mass index (BMI), sleep state sensitivity, current sleep state, or a duration of the current sleep state. When considering a sleep staging system that works across a general population (i.e., including users with a normal healthy condition, users with various health conditions, including respiratory conditions such as sleep apnea (such as those being treated with respiratory therapy (e.g., PAP therapy) in order to bring their sleep apnea events in line with a healthy person), COPD, cardiac issues and so forth), it can be seen that the baseline of respiration rate and heart rate can vary widely. Take for example differences in age, gender, and body-mass index (BMI). Women may have a slightly higher baseline breathing rate than men for a similar age and BMI. Those with higher BMIs will tend to breathe faster than the average of somebody of a similar age. Children normally have much higher normal respiratory rate than adults.” (0073)
Allowable Subject Matter
Claims 9 and 10 are allowed. The teaching of the included references and the prior art as a whole does not teach the combination of the limitations included in claim 9 and 10 and their intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH M LO whose telephone number is (571)272-9774. The examiner can normally be reached M-F 830a - 6pm.
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KENNETH M. LO
Supervisory Patent Examiner
Art Unit 2136
/KENNETH M LO/ Supervisory Patent Examiner, Art Unit 2116
Prosecution Insights