DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 7-9, 10, 11, 13, 14, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application 2006/0040793 to Martens in view of JP2014508335A in further view of U.S. Patent Application Publication 2017/0132395 to Futch in further view of U.S. Patent 10,625,117 to Hoffman et al.
As to claims 1 and 14 Martens discloses a system for tracking fitness progress comprising a server that includes a processor, the processor configured to:
(a) create a plurality of fitness challenges based upon user input, wherein each of the plurality of fitness challenges comprises a time period, a virtual route, a point system that corresponds to progress along the virtual route (Martens [0021], [0023], [0063], [0065], and [0068]) wherein each of the set of input variable types comprises a point value that is associated with the point system (Martens [0070] see distance calculation);
(b) receive inputs from a plurality of user devices that are associated with a plurality of participants in a fitness challenge of the plurality of fitness challenges, during the time period for the fitness challenge, wherein the inputs correspond to a plurality of input variable types (Martens [0023]), [0069], and [0070]);
(c) determine a score for each of the plurality of participants based on inputs received from that participant and the point values associated with the plurality of variable types, and determine a position for each of the plurality of participants on the virtual route based upon the score for that participant (Martens [0023]), [0069], and [0070]); and
(d) provide a dashboard (visual display mechanism [0023]) to be displayed on the plurality of user devices, wherein the dashboard comprises:
(i) one or more input controls that correspond to the plurality of variable types, wherein the one or more input controls are each usable to provide input with a pre- determined input variable type to the server (Martins [0107]);
(ii) a visual depiction of a location through which the virtual route travels and a visual depiction of the virtual route overlaid upon the visual depiction of the location (Martins [0021]); and
(iii) a plurality of visual icons that correspond to each of the plurality of participants overlaid upon the visual depiction of the virtual route based on the determined position for that participant (Martins [0021] and [0022]).
However, Martins does not explicitly teach wherein at least some of the inputs are received via a sensor interface and based on measurements by a sensor of each of the user devices of the plurality of user devices and identify two or more participants of the plurality of participants that have a similar point total for at least one of the one or more input variable types; and for each of the two or more participants, cause the dashboard to further comprise a visual indication of the other participant that they are competing with.
JP2014508335A discloses wherein at least some of the inputs are received via a sensor interface and based on measurements by a sensor of each of the user devices of the plurality of user devices and identify two or more participants of the plurality of participants that have a similar point total for at least one of the plurality of input variable types; and for each of the two or more participants, cause the dashboard to further comprise a visual indication of the other participant that they are competing with (JP2014508335A “If the user does not select a particular user as a competitor, the system can automatically identify and select at least one user. For example, the system may identify at least one attribute of the user initiating the run at step 7235. Attributes include age, weight, height, fitness level, heart rate at rest, and the like. In step 7240, the system may search for online users who may have attribute values equivalent to this user. The system may then send a competition invitation to each matched online user (step 7245). The matching system may be configured to exclude a user who is currently athletic activity (for example, so as not to disturb the user's activity). The matching system may be configured to be able to identify a user who is near the same road or route or a user who is on a similar route (similar distance, etc.)” and “In general, an athletic information monitoring device includes a sensor that measures a parameter related to an individual to be monitored, and an arithmetic device that processes the parameter measured by the sensor”).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by applicant to utilize sensors and display similar competitors as in JP2014508335A in the system of Martens to further motivate the user to meet fitness goals.
However, Martens and JP2014508335A do not explicitly teach a plurality of input variable types, wherein each input variable type of the plurality of input variable types is associated with a different point value Futch discloses a plurality of input variable types, selected from fitness activities (Futch [0097] see e.g. steps), nutritional choices (e.g. eat a healthy breakfast fig.4), lifestyle choices (Futch [0097] see sleep) examiner notes that the claim merely requires a plurality selected from the group, not all variable types are required, wherein each input variable type of the plurality of input variable types is associated with a different point value (Futch [0101] wherein a percent of a goal is a different point value).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by applicant to use a plurality of variable types associated with different point values as in Futch in the exercise tracking program of Martens and JP2014508335A to improve user engagement as different activities can result in improved health.
However, Martens, JP2014508335A, and Futch do not explicitly teach equate each point value in the point system to a virtual distance in miles or kilometers; and one or more waypoints displayed along the virtual route and a total number of points of the point system needed to reach each waypoint of one or more waypoints. Hoffman discloses equate each point value in the point system to a virtual distance in miles or kilometers (Hoffman column 49 lines 32-48); and one or more waypoints displayed along the virtual route and a total number of points of the point system needed to reach each waypoint of one or more waypoints (Hoffman column 47 lines 34-67 and column 48 lines 1-28).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by Applicant to utilize different point values and display milestones as in Hoffman in the system of Martens, JP2014508335A, and Futch to better encourage a participant to meet their fitness goals.
As to claim 8, see the discussion of claim 1, additionally, Martens discloses the system wherein the processor is further configured to:
(a) identify two or more participants of the plurality of participants that have mirrored point total for at least two of the one or more input variable types (Martens claim 1); and
(b) for each of the two or more participants, cause the dashboard to further comprise a visual indication of the other participant that they are mirrored with, and an input control usable to exchange electronic communications with the other participant (Martens claim 1).
As to claim 9, see the discussion of claim 1, additionally, Martens discloses the system wherein the processor is further configured to:
(a) identify a high performing participant and a low performing participant of the plurality of participants based on the determined score for each (Martens claim 1); and
(b) for the high performing participant and the low performing participant, cause the dashboard to further comprise a visual indication of the other, and an input control usable to exchange electronic communications with the other (Martens claims 1 and 2).
As to claim 10 and 18, see the discussion of claim 1, additionally, Martens discloses the system wherein the processor is further configured to provide an administrative dashboard that is usable to provide inputs for creation of fitness challenges, wherein the administrative dashboard comprises a set of administrative input controls usable by an administrator to specify a desired duration for the fitness challenge (Martens [0109]), the set of one or more input variable types (Martens [0107]), and the point value for each of the one or more input variable types (Martens [0023]), [0069], and [0070]), wherein the processor is configured to:
(a) determine a suggested virtual route based on the desired duration, the set of two more input variable types, the point value for each of the one or more input variable types, and a set of historic fitness challenge information that describes the results of past fitness challenges (Martens [0105] and claim 1);
(b) provide a description of the suggested virtual route via the administrative dashboard (Martens [0105]); and
(c) in response to receiving input from the administrator, use the suggested virtual route as the virtual route (Martens [0105]).
As to claim 11 and 19, see the discussion of claim 1, additionally, Martens discloses the system wherein:
(a) the visual depiction of the location comprises a geographical map of a location on earth (Martens [0021] see at least Tour de France); and
(b) the visual depiction of the virtual route comprises a line that follows one or more roadways present at the location (Martens [0021] see at least Tour de France).
As to claim 12, see the discussion of claim 1, additionally, Martens discloses the system wherein the dashboard further comprises a set of interactive controls associated with the plurality of visual icons, wherein the set of interactive controls are configured to:
detect an interaction with a visual icon of the plurality of visual icons (Martens [0080])
However Martens does not explicitly teach
(b) display a user card describing a participant that corresponds to the visual icon, wherein the
user card comprises:
(i) a name associated with the participant;
(ii) point totals for each of the two more input variable types associated with the participant; and
(iii) an image associated with the participant.
However these differences are only found in the non-functional information displayed. The contents of the card are not functionally related to the functions of the computer system. Thus, this descriptive information will not distinguish the claimed invention from the prior art in terms of patentability, see Cf. In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 40, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to use different types of displayed data as taught by Martens because such information does not functionally relate to the data processing steps and merely using displayed data from that in the prior art would have been obvious matter of design choice. See In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975).
As to claim 13, see the discussion of claim 1, additionally, Martens discloses the system wherein the processor includes two or more processors that are in communication with each other directly or over a network (Martens [0061]).
Claim(s) 2, 4-6, 15-16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application 2006/0040793 to Martens in view of JP2014508335A in further view of U.S. Patent Application Publication 2017/0132395 to Futch in further view of U.S. Patent 10,625,117 to Hoffman et al. in view of U.S. Patent Application Publication 2014/0372133 to Austrum et al.
As to claim 2 and 15, see the discussion of claim 1, however, Martens does not explicitly teach but Austrum discloses the system wherein the set of one or more input variable types comprises: (a) a number of steps taken by a participant during a day (Austrum [0156]); and (c) an amount of weight lost by the participant (Austrum [0156]) and (b) a volume of water consumed by the participant during a day (Austrum [0052] and [0173]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by Applicant to utilize known metrics for improving health such as steps, weight lost, and water consumption as in Austrum in the competition created and displayed by Martens to encourage a more holistic improvement to a user’s health.
As to claim 4, see the discussion of claim 2, additionally, Martens discloses the system wherein each of the set of one or more input variable types is associated with a different point value in miles or kilometers that corresponds to progress along the virtual route (Martens [0070]).
As to claim 5 and 16, see the discussion of claim 2, additionally, Martens discloses the system wherein the set of one or more input variables types includes a number of steps taken by a participant during a day and a manual input variable, wherein the processor is configured to: (a) receive the manual input variable via a manual input to the dashboard; and (b) receive the number of steps taken from a step count sensor of a user device (Austrum [0156]).
As to claim 6, see the discussion of claim 1, however, Martens does not explicitly teach but Austrum discloses the system wherein:
(a) the processor is further configured to store a configured digital reward criteria, and determine, based upon the determined position for each of the plurality of participants, a subset of participants that have satisfied the digital reward criteria (Austrum [0157]); and
(b) the dashboard further comprises, for any of the plurality of visual icons that are associated with the subset of participants, a visual indication of the digital reward (Austrum [0019]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention to generate and display awards as in Austrum in the system of Martens to encourage users to pursue fitness goals.
As to claim 20, Martens discloses a system for tracking fitness progress comprising a server that includes a processor, the
processor configured to:
(a) create a plurality of fitness challenges based upon user input, wherein each of the plurality of fitness challenges comprises a time period, a virtual route, a point system that corresponds to progress along the virtual route, and a set of one or more input variable types, wherein each of the set of input variable types comprises a point value that is associated with the point system(Martens [0021], [0023], [0063], [0065] and [0070]),
(b) receive inputs from a plurality of user devices that are associated with a plurality of participants in a fitness challenge of the plurality of fitness challenges, during the time period for the fitness challenge, wherein the inputs correspond to one of the set of two more input variable types (Martens [0023]), [0069], and [0070]), wherein:
(c) determine a score for each of the plurality of participants based on inputs received from that participant and the point values associated with the two more input variable types, and determine a position for each of the plurality of participants on the virtual route based upon the score for that participant (Martens [0023]), [0069], and [0070]); and
(d) provide a dashboard (visual display mechanism [0023]) to be displayed on the plurality of user devices, wherein the dashboard comprises:
(i) one or more input controls that correspond to the one or more input variable types, wherein the one or more input controls are each usable to provide input with a pre- determined input variable type to the server (Martins [0107]);
(ii) a visual depiction of a location through which the virtual route travels and a visual depiction of the virtual route overlaid upon the visual depiction of the location (A) wherein the visual depiction of the location comprises a geographical map of a location on earth; and (B) the visual depiction of the virtual route comprises a line that follows one or more roadways present at the location; and (iii) a plurality of visual icons that correspond to each of the plurality of participants overlaid upon the visual depiction of the virtual route based on the determined position for that participant (Martins [0021]).
However, Martens and JP2014508335A do not explicitly teach a plurality of input variable types, wherein each input variable type of the plurality of input variable types is associated with a different point value Futch discloses a plurality of input variable types, selected from fitness activities (Futch [0097] see e.g. steps), nutritional choices (e.g. eat a healthy breakfast fig.4), lifestyle choices (Futch [0097] see sleep) examiner notes that the claim merely requires a plurality selected from the group, not all variable types are required, wherein each input variable type of the plurality of input variable types is associated with a different point value (Futch [0101] wherein a percent of a goal is a different point value).
However, Martens and Klassen does not explicitly teach:
and wherein the set of one or more input variables types comprises:
(i) a number of steps taken by a participant during a day; (ii) a volume of water consumed by the participant during a day; and (iii) an amount of weight lost by the participant;
(i) the number of steps taken are received from a step count sensor of a user device; and
(ii) the volume of water consumed and the amount of weight lost are received from a manual input.
Austrum discloses
(i) a number of steps taken by a participant during a day; (ii) a volume of water consumed by the participant during a day; and (iii) an amount of weight lost by the participant (Austrum Figure 6B, [0156], [0052], [0173]);
(i) the number of steps taken are received from a step count sensor of a user device (Austrum figure 4C2); and
(ii) the volume of water consumed and the amount of weight lost are received from a manual input (Austrum [0052] and [0173]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by Applicant to utilize known metrics for improving health such as steps, weight lost, and water consumption as in Austrum in the competition created and displayed by Martens to encourage a more holistic improvement to a user’s health.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application 2006/0040793 to Martens in view of JP2014508335A in further view of U.S. Patent Application Publication 2017/0132395 to Futch in further view of U.S. Patent 10,625,117 to Hoffman et al. in view of U.S. Patent Application Publication 2014/0372133 to Austrum et al. in further view of OFFICAL NOTICE
As to claim 3, see the discussion of claim 2, additionally, Austrum discloses the system wherein the set of one or more input variable types further comprises: (a) a number of calories consumed by the participant during a day (Austrum [0052]). However Martens and Austrum do not explicitly teach (b) an amount of time spent at a gym; and (c) an indication of the occurrence of an ecologically friendly activity. Examiner takes official notice that tracking an amount of time spent at a gym and occurrence of ecologically friendly activity (such as recording biking to work) is exceedingly well known in the art. It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by Applicant to consider these lifestyle factors when determining health improvements as in Martens and Austrum as they would be obvious to try in light of a finite number of known ways to foster a healthy lifestyle.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 14, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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/ELIZA A LAM/Primary Examiner, Art Unit 3686