DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al (US20220331582A1, hereinafter “Kim”).
Regarding claim 1, Kim discloses a wearable device configured to be worn by a user (par 0100; wearable device examples shown in figures 7-9), the wearable device comprising: a body (pars 0085-0096; wearable device examples including a body shown in figures 7-9); and a plurality of stimulators (par 0103) on the body to apply, based on biological information of the user (pars 0214-0223, detection of biosignals), stimuli of different types or different strengths to the user (pars 0214-0223, stimulation based on the sleep stage and desired sleep stage of a user).
Regarding claim 2, Kim discloses the plurality of stimulators is configured to generate and apply, as the stimuli, a first stimulus that increases a level of arousal of the user and a second stimulus that decreases the level of arousal of the user (pars 0214-0223, stimulation based on the sleep stage and desired sleep stage of a user, including; stimulation via electrodes to an acupoint area to an awakening step by increasing a level of arousal of the user as in par 0223; stimulation via electrodes to an acupoint area to induce sleep/decrease arousal when the sleep stage is awakening/aroused as in par 0217).
Regarding claim 3, Kim discloses the plurality of stimulators includes: a first stimulator at a first portion of the body to generate a first stimulus of the stimuli (par 0106-0107, see figure 11); and a second stimulator at a second portion of the body to generate a second stimulus of the stimuli (par 0106-0107, see figure 11), the second stimulus being different from the first stimulus (pars 0214-0223, stimulation based on the sleep stage and desired sleep stage of a user), and wherein the first stimulator and the second stimulator are aligned in a circumferential direction of the body or in a direction intersecting the circumferential direction (par 0106-0107, as shown in figure 11).
Regarding claim 4, Kim discloses the body includes: a curved portion (pars 0112-0113, see figure 14 showing curved portions next to arms that extend outwards); and a pair of arms extending from both ends of the curved portion (pars 0112-0113, see figure 14 showing curved portions next to a pair of arms that extend outwards), wherein the first stimulator is disposed on the curved portion of the body to apply the first stimulus to a first portion of the user, and wherein the second stimulator is disposed on the pair of arms to apply the second stimulus to a second portion of the user (as in figure 14 which shows a first stimulator on the curved portion of the body and a second stimulator disposed on the pair of arms, pars 0112-0113; pars 0214-0223, including multiple stimulus based on the sleep stage and desired sleep stage of a user).
Regarding claim 5, Kim discloses the first stimulator is disposed on an inner face of the body (pars 0112-0113, see figure 14 showing at least two inner face electrodes that read on a first stimulator), and wherein the second stimulator projects from the body in a width direction of the body (as in figure 14 which shows a second stimulator disposed on the pair of arms which is considered to project from the body in a width direction of the body, pars 0112-0113).
Regarding claim 6, Kim discloses a holder holding the second stimulator to incline a stimulus applying face of the second stimulator with respect to the width direction of the body, the stimulus applying face being a face through which the second stimulator is configured to apply the second stimulus (as in figure 14 which shows a second stimulator disposed on the pair of arms which is considered to read on a holder to hold the second stimulator disposed on the pair of arms which is considered to include a stimulus applying face of the second stimulator with respect to the width direction of the body in order to stimulate a target location when against the patient body [such as in figures 7-9], pars 0100, 0112-0113).
Regarding claim 7, Kim discloses the holder is deformable to adjust an angle of the stimulus applying face with respect to the body (figures 7-9 and 14; pars 0100, 0112-0113).
Regarding claim 8, Kim discloses the holder detachably holds the second stimulator (pars 0040-0041, 0085).
Regarding claim 9, Kim discloses the second stimulator is surrounded by the first stimulator (as in figure 13, pars 0110-0111).
Regarding claim 10, Kim discloses the second stimulator projects from a surface of the first stimulator and is retractable to a position of the surface of the first stimulator (pars 0093-0094).
Regarding claim 11, Kim discloses a sensor configured to detect the biological information (pars 0074-0075).
Regarding claim 12, Kim discloses a processor configured to analyze the biological information and determine the stimuli of different types based on a result of analysis of the biological information (pars 0127-0135).
Regarding claim 13, Kim discloses communication circuitry device (pars 0148-0151) configured to: transmit the biological information to an external information processing device external to the wearable device (pars 0148-0151); and receive, from the external information processing device, a control signal to drive the plurality of stimulators (pars 0148-0151).
Regarding claim 14, Kim discloses the plurality of stimulators includes at least one stimulator to apply variable types of stimuli (pars 0214-0223, including multiple stimulus based on the sleep stage and desired sleep stage of a user).
Regarding claim 15, Kim discloses the plurality of stimulators is configured to apply the stimuli of different types or different strengths asymmetrically to the user (pars 0214-0223, including multiple stimulus based on the sleep stage and desired sleep stage of a user).
Regarding claim 16, Kim discloses an arm movable with respect to the body at each end of the body, to detachably receive stimulation components to apply the stimuli of different types (pars 0093-0094).
Regarding claim 17, Kim discloses an arousal state control system comprising: a sensor configured to acquire biological information of a user (pars 0074-0075); [[a]] stimulation control circuitry unit configured to determine a plurality of types of stimuli to control a state of arousal of the user based on the biological information (pars 0214-0223, including multiple stimulus based on the sleep stage and desired sleep stage of a user; control schemes as detailed in pars 0127-0135); and a wearable device (par 0100; wearable device examples shown in figures 7-9) configured to apply the plurality of types of stimuli determined by the stimulation control unit to the user (pars 0214-0223, including multiple stimulus based on the sleep stage and desired sleep stage of a user; control schemes as detailed in pars 0127-0135), the wearable device including: a body (pars 0085-0096; wearable device examples including a body shown in figures 7-9); and a stimulator on the body to apply the plurality of types of stimuli (par 0103, 0214-0223, stimulation based on the sleep stage and desired sleep stage of a user).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shouldice (US20230173221A1) discloses a therapy system for use during patient sleep (abstract) which includes monitoring data from sensor(s) (par 0071) and providing stimulation based on the data (par 0013).
Toth et al (WO2017190049A1, copy attached to Office action) discloses sensing on various locations of a subject (par 0018, 00256-00258) and providing modified stimuli based on the monitoring (par 00257).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799
Prosecution Insights