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 .
Response to Amendment
The following Office action in response to communications received November 18, 2025. Claims 1 and 20 have been amended. Therefore, claims 1-20 are pending and addressed below.
Applicant’s amendments to the claims are not sufficient to overcome the rejections set forth in the previous office action dated August 21, 2025.
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 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pub. No.: US 20160019360 A1 to PAHWA et at. in view of Pub. No.: US 20180056131 A1 to NAKAZAWA et al. further in view of Pub. No.: US 20130106684 A1 to Weast et al.
As per Claim 1, PAHWA et al. teaches a system for health monitoring, comprising:
-- a wearable ring device configured be worn on a finger of a user, the wearable ring device comprising: a ring-shaped housing having an inner curved surface and an outer curved surface, wherein at least a portion of the inner curved surface is configured to contact a tissue of the user; one or more light- emitting components configured to emit light through the inner curved surface of the ring-shaped housing into the tissue of the user; one or more light-receiving components configured to receive the light transmitted by the one or more light-emitting components through the inner curved surface of the ring-shaped housing (see PAHWA et al. paragraphs 9, 105-106, 223 and 238-239; … for example, a gyroscope, accelerometer, photoplethysmogram, galvanic skin response sensor, and temperature sensor that can be included within a wearable electronic device, such as a smart watch. In some embodiments, device 500 has one or more attachment mechanisms. Such attachment mechanisms, if included, can permit attachment of device 500 with, for example, hats, eyewear, earrings, necklaces, shirts, jackets, bracelets, watch straps, chains, trousers, belts, shoes, purses, backpacks, and so forth. These attachment mechanisms may permit device 500 to be worn by a user.). From examples, the Examiner interprets attachment mechanism can be attached to any worn object, including rings, by the user.
-- one or more processors disposed at least partially within the ring- shaped housing, the one or more processors electrically coupled with the one or more light-emitting components and the one or more light-receiving components, the one or more processors configured to generate physiological data associated with the user based at least in part on the light received by the one or more light-receiving components (see PAHWA et al. paragraphs 9, 105-106, 223 and 238-239);
PAHWA et al. teaches a wearable ring device, however fails to teach:
-- a curved battery disposed at least partially within the ring-shaped housing, the curved battery electrically coupled with the one or more light-emitting components, the one or more light-receiving components, and the one or more processors; and
-- a communication module electrically coupled with the one or more processors, the communication module configured to transmit the physiological data generated by the one or more processors;
-- a user device communicatively coupled with the wearable ring device and configured to execute a health-related application associated with the wearable ring device, the health-related application configured to calculate health-related metrics associated with the user in accordance with at least a first operational mode and a second operational mode, the user device comprising a graphical user interface (GUI); and
-- one or more additional processors disposed at least partially within the user device, one or more servers, or both, the one or more processors configured to:
-- receive, from the communication module of the wearable ring device, the physiological data acquired from the user via the wearable ring device;
-- evaluate, in accordance with the first operational mode of the health-related application, the physiological data using a first algorithm for calculating health-related metrics associated with the user, the first algorithm associated with the first operational mode for the user and based at least in part on a first set of physical activity targets associated with the first operational mode;
-- transmit one or more signals to the user device to cause the GUI of the user device to display a first application page of the health-related application associated with the first operational mode based at least in part on evaluating the received physiological data in accordance with the first operational mode, the first application page comprising at least the first set of physical activity targets and a first set of activity messages associated with the first operational mode, wherein the first set of activity messages comprise a first recommendation for one or more actions to be taken by the user such that additional physiological data collected via the wearable ring device satisfies the first set of physical activity targets associated with the first operational mode;
-- identify a trigger to transition the health-related application from the first operational mode associated with the first algorithm to the second operational mode associated with a second algorithm for calculating health-related metrics associated with the user, the second algorithm different from the first algorithm, wherein the second operational mode is configured to facilitate rest of the user;
-- evaluate, after transitioning the health-related application from the first operational mode to the second operational mode and in accordance with the second operational mode of the health-related application, the physiological data using the second algorithm associated with the second operational mode and based at least in part on a second set of physical activity targets associated with the second operational mode; and
-- transmit, based at least in part on identifying the trigger, one or more additional signals to the user device to cause the GUI of the user device to display a second application page of the health-related application associated with the second operational mode, the second application page comprising at least the second set of physical activity targets and a second set of activity messages based at least in part on evaluating the received physiological data in accordance with the second operational mode, the second set of physical activity targets and the second set of activity messages associated with the second operational mode, wherein the second set of activity messages comprise a second recommendation for one or more additional actions to be taken by the user such that additional physiological data collected via the wearable ring device satisfies the second set of physical activity targets associated with the second operational mode.
NAKAZAWA et al. teaches:
-- the health-related application configured to calculate health-related metrics associated with the user in accordance with at least a first operational mode and a second operational mode; and
-- identify a trigger to transition the health-related application from the first operational mode associated with the first algorithm to the second operational mode associated with a second algorithm for calculating health-related metrics associated with the user, the second algorithm different from the first algorithm, wherein the second operational mode is configured to facilitate rest of the user.
In which processing by each part of the exercise support system 100 according to the embodiment can be realized by a program. That is, the technique according to the embodiment can be applied to a program which causes a computer to execute processing of generating an exercise plan generated using practice day information leading up to an event for the user, an exercise menu, and event information, based on pulse wave information of the user and the event information that are acquired, and modifying the exercise menu or the exercise plan, based on the result of determination on physical condition of the user found from the pulse wave information.
With this program, for example, the following computation and notification processing can be carried out. More specifically, the program according to the embodiment can cause a computer to execute each step shown in FIGS. 10, 12, and 14, described later.
HRV (heart rate variability) as pulse rate variation information of the user is referred to as the degree of fatigue, and if the pulse rate variation information (HRV) does not satisfy a predetermined condition, a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified (e.g. Nth operational mode) (see NAKAZAWA et al. paragraphs 7, 77-78, 83, 97 and 118).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include systems as taught by reference NAKAZAWA et al. within the systems/methods as taught by reference PAHWA et al. with the motivation of providing pulse rate variation information of the user used as the pulse wave information, thereby if the pulse rate variation information does not satisfy a predetermined condition (threshold), a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified accordingly, allowing the user to carry out effective practice (training) until the event, preventing overtraining and injuries or the like (see NAKAZAWA et al. paragraph 19).
PAHWA et al. teaches a wearable ring device and NAKAZAWA et al. teaches triggering to transition the health-related application to multiple operational modes, however fail to explicitly teach:
-- a curved battery disposed at least partially within the ring-shaped housing, the curved battery electrically coupled with the one or more light-emitting components, the one or more light-receiving components, and the one or more processors; and
-- a communication module electrically coupled with the one or more processors, the communication module configured to transmit the physiological data generated by the one or more processors;
-- a user device communicatively coupled with the wearable ring device and configured to execute a health-related application associated with the wearable ring device, the user device comprising a graphical user interface (GUI); and
-- one or more additional processors disposed at least partially within the user device, one or more servers, or both, the one or more processors configured to:
-- receive, from the communication module of the wearable ring device, the physiological data acquired from the user via the wearable ring device;
-- evaluate, in accordance with the first operational mode of the health-related application, the physiological data using a first algorithm for calculating health-related metrics associated with the user, the first algorithm associated with the first operational mode for the user and based at least in part on a first set of physical activity targets associated with the first operational mode;
-- transmit one or more signals to the user device to cause the GUI of the user device to display a first application page of the health-related application associated with the first operational mode based at least in part on evaluating the received physiological data in accordance with the first operational mode, the first application page comprising at least the first set of physical activity targets and a first set of activity messages associated with the first operational mode, wherein the first set of activity messages comprise a first recommendation for one or more actions to be taken by the user such that additional physiological data collected via the wearable ring device satisfies the first set of physical activity targets associated with the first operational mode;
-- evaluate, in accordance with the first operational mode of the health-related application, the physiological data using the second algorithm associated with the second operational mode and based at least in part on a second set of physical activity targets associated with the second operational mode; and
-- transmit, based at least in part on identifying the trigger, one or more additional signals to the user device to cause the GUI of the user device to display a second application page of the health-related application associated with the second operational mode, the second application page comprising at least the second set of physical activity targets and a second set of activity messages based at least in part on evaluating the received physiological data in accordance with the second operational mode, the second set of physical activity targets and the second set of activity messages associated with the second operational mode, wherein the second set of activity messages comprise a second recommendation for one or more additional actions to be taken by the user such that additional physiological data collected via the wearable ring device satisfies the second set of physical activity targets associated with the second operational mode.
Weast et al. teaches:
-- a curved battery disposed at least partially within the ring-shaped housing, the curved battery electrically coupled with the one or more light-emitting components, the one or more light-receiving components, and the one or more processors (see Weast et al. paragraph 34; FIG. 19a is an underside perspective view of the device showing a portion of a battery compartment having a port opening); and
-- a communication module electrically coupled with the one or more processors, the communication module configured to transmit the physiological data generated by the one or more processors (see Weast et al. paragraph 150; It is further understood that the person may utilize only the wearable device 10 to record and monitor athletic performance or overall activity. The athletic performance data or overall activity can include a variety of different parameters, metrics or physiological characteristics including but not limited to speed, distance, steps taken, and energy expenditure such as calories, heart rate and sweat detection. Such parameters may also be expressed in terms of activity points (e.g., sometimes referred herein as "AP") or currency earned by the user based on the activity of the user.);
-- a user device communicatively coupled with the wearable ring device and configured to execute a health-related application associated with the wearable ring device…, the user device comprising a graphical user interface (GUI) (see Weast et al. paragraphs 144, 150 and 275; In some arrangements, an application may be downloaded to one or more computing devices to facilitate and/or enhance the tracking of activity data (e.g., health-related application). In one or more arrangements, the controller may utilize a user interface having certain features to enhance the functionality of the device. For example, the wearable electronic athletic device assembly may include a display that may include an indicator system wherein performance data can be displayed or otherwise conveyed to the user. The display may include an LCD screen, a display comprised of a series of LED lights, an LED graphical user interface and the like.); and
-- one or more additional processors disposed at least partially within the user device, one or more servers, or both, the one or more processors configured to (see Weast et al. paragraphs 13 and 150-151; FIG. 1):
-- receive, from the communication module of the wearable ring device, the physiological data acquired from the user via the wearable ring device (see Weast et al. paragraph 150; It is further understood that the person may utilize only the wearable device 10 to record and monitor athletic performance or overall activity. The athletic performance data or overall activity can include a variety of different parameters, metrics or physiological characteristics including but not limited to speed, distance, steps taken, and energy expenditure such as calories, heart rate and sweat detection. Such parameters may also be expressed in terms of activity points (e.g., sometimes referred herein as "AP") or currency earned by the user based on the activity of the user.);
-- evaluate, in accordance with the first operational mode of the health-related application, the physiological data using a first algorithm for calculating health-related metrics associated with the user, the first algorithm associated with the first operational mode for the user and based at least in part on a first set of physical activity targets associated with the first operational mode (see Weast et al. paragraph 150; It is further understood that the person may utilize only the wearable device 10 to record and monitor athletic performance or overall activity. The athletic performance data or overall activity can include a variety of different parameters, metrics or physiological characteristics including but not limited to speed, distance, steps taken, and energy expenditure such as calories, heart rate and sweat detection. Such parameters may also be expressed in terms of activity points (e.g., sometimes referred herein as "AP") or currency earned by the user based on the activity of the user.). Examiner interprets that the activity points are obtained from a particular algorithm and associated with the user health.;
-- transmit one or more signals to the user device to cause the GUI of the user device to display a first application page of the health-related application associated with the first operational mode based at least in part on evaluating the received physiological data in accordance with the first operational mode, the first application page comprising at least the first set of physical activity targets and a first set of activity messages associated with the first operational mode, wherein the first set of activity messages comprise a first recommendation for one or more actions to be taken by the user such that additional physiological data collected via the wearable ring device satisfies the first set of physical activity targets associated with the first operational mode (see Weast et al. paragraphs 9, 150, 275, 291, 301, 306, 326 and 397; In some arrangements, an application may be downloaded to one or more computing devices to facilitate and/or enhance the tracking of activity data. For example, the application may enable graphing of activity information (e.g., target information) and display of such graphs as well as providing recommendations for improvements and setting of goals. The application may further facilitate configuration and updating of the device as well as communication between the device and a remote site such as an activity monitoring service/site. Normal activity performance monitoring may include sensing of activity by a user, display of that information on the display interface and/or tracking of goals. FIGS. 87A and 87B illustrate other example information displays for viewing and analyzing evaluation period activity data.
In FIG. 87A, a summary 8701 of the amount of activity points, a number of calories burned and the number of steps taken may be conveyed. Other metrics may also be included as needed or desired and may be configurable by the user, by an activity tracking service or another entity. The display of FIG. 87A may further include an option 8703 to display additional information or details regarding activity performed during the evaluation period.
Goals may further be modified even after the user has completed a currently set goal. The goal increase may be manually triggered (e.g., by user selection) or may be automatically suggested or recommended to the user by the mobile application upon the user reaching the currently set goal. Allowing the user to increase a current goal (even upon completion) may allow the user to further challenge himself or herself, rather than permitting the user to register little to no activity after completing a goal. In one example, modifying the currently completed goal may be limited to increases to the goal and may be restricted to a certain percentage (e.g., of the current goal or a baseline activity level) or an absolute amount. In other arrangements, goal setting/modification may be unrestricted.);
-- evaluate, in accordance with the first operational mode of the health-related application, the physiological data using the second algorithm associated with the second operational mode and based at least in part on a second set of physical activity targets associated with the second operational mode (see Weast et al. paragraphs 150 and 306; Activity may be tracked based on a specified goal or independently of a goal. In instances where activity is tracked based on a goal, the user may view his or her current progress in a variety of ways. As discussed herein, the activity tracking application may include a profile interface, an activity view interface and a home interface. Each of these interfaces may provide information relating to the user's current progress toward a goal and an amount of activity performed. The different interfaces may provide different levels of detail, different metrics, different activity data analyses, different types of additional information displayed with the current progress information and the like.); and
-- transmit, based at least in part on identifying the trigger, one or more additional signals to the user device to cause the GUI of the user device to display a second application page of the health-related application associated with the second operational mode, the second application page comprising at least the second set of physical activity targets and a second set of activity messages based at least in part on evaluating the received physiological data in accordance with the second operational mode, the second set of physical activity targets and the second set of activity messages associated with the second operational mode, wherein the second set of activity messages comprise a second recommendation for one or more additional actions to be taken by the user such that additional physiological data collected via the wearable device satisfies the second set of physical activity targets associated with the second operational mode (see Weast et al. paragraphs 9, 150, 275, 291, 301, 306, 326 and 397).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include systems as taught by reference Weast et al. with the systems/methods as taught by reference PAHWA et al. and NAKAZAWA et al. with the motivation of providing an application downloadable onto a wearable device to facilitate and/or enhance the tracking of activity data, enable and displaying graphing of activity information, thereby having the capability of providing user recommendations for improvements and setting of goals (see Weast et al. paragraph 275).
Examiner notes that Applicant specification paragraphs 35-36 teach the same systems used by PAHWA et al., NAKAZAWA et al. and Weast et al. separately or in combination, wherein the Specification states any electronic devices well known in the art, including wearable devices (e.g., ring wearable devices, watch or wrist-worn wearable devices, etc.) and user devices (e.g., smartphones, laptops, tablets) may perform the functions claimed.
As per Claim 2, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, wherein the one or more additional processors are further configured to:
-- determine, during a first-time interval corresponding to the first operational mode, one or more scores associated with the user using the first algorithm and based at least in part on evaluating the received physiological data in accordance with the first operational mode (see Weast et al. paragraph 150; It is further understood that the person may utilize only the wearable device 10 to record and monitor athletic performance or overall activity. The athletic performance data or overall activity can include a variety of different parameters, metrics or physiological characteristics including but not limited to speed, distance, steps taken, and energy expenditure such as calories, heart rate and sweat detection. Such parameters may also be expressed in terms of activity points (e.g., sometimes referred herein as "AP") or currency earned by the user based on the activity of the user.); and
-- determine, during a second time interval corresponding to the second operational mode, the one or more scores associated with the user using the second algorithm different from the first algorithm and based at least in part on evaluating the received physiological data in accordance with the second operational mode (see Weast et al. paragraph 150; It is further understood that the person may utilize only the wearable device 10 to record and monitor athletic performance or overall activity. The athletic performance data or overall activity can include a variety of different parameters, metrics or physiological characteristics including but not limited to speed, distance, steps taken, and energy expenditure such as calories, heart rate and sweat detection. Such parameters may also be expressed in terms of activity points (e.g., sometimes referred herein as "AP") or currency earned by the user based on the activity of the user.).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 3, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 2, wherein the one or more scores comprise a sleep score, a readiness score, an activity score, or any combination thereof (see Weast et al. paragraph 150; It is further understood that the person may utilize only the wearable device 10 to record and monitor athletic performance or overall activity. The athletic performance data or overall activity can include a variety of different parameters, metrics or physiological characteristics including but not limited to speed, distance, steps taken, and energy expenditure such as calories, heart rate and sweat detection. Such parameters may also be expressed in terms of activity points/score (e.g., sometimes referred herein as "AP") or currency earned by the user based on the activity of the user.).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 4, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, further comprising wherein the one or more additional processors are further configured to:
-- identify a second trigger to transition away from the second operational mode (see NAKAZAWA et al. paragraphs 7, 77-78, 83, 97 and 118; HRV (heart rate variability) as pulse rate variation information of the user is referred to as the degree of fatigue, and if the pulse rate variation information (HRV) does not satisfy a predetermined condition, a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified (e.g. Nth operational mode)).
-- transition from the second operational mode to the first operational mode based at least in part on the second trigger (see NAKAZAWA et al. paragraphs 7, 77-78, 83, 97 and 118; HRV (heart rate variability) as pulse rate variation information of the user is referred to as the degree of fatigue, and if the pulse rate variation information (HRV) does not satisfy a predetermined condition, a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified (e.g. Nth operational mode)); and
-- transmit, based at least in part on transitioning to the first operational mode, the one or more signals to the user device to cause the GUI of the user device to display the first set of physical activity targets and the first set of activity messages based at least in part on evaluating the received physiological data in accordance with the first operational mode (see Weast et al. paragraphs 9, 150 and 306; Aspects described herein may further include user interface displays corresponding to different modes of the device. In one example, a first set of user interfaces may be displayed during an evaluation time period. Other user interfaces might only be made accessible upon the user completing the evaluation time period. Additionally, or alternatively, the various device modes may include an information loop mode and an action mode. The information loop and action modes may be displayed differently for ease of differentiation).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 5, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, further comprising wherein the one or more additional processors are further configured to:
-- identify a second trigger to transition away from the second operational mode (see NAKAZAWA et al. paragraphs 7, 77-78, 83, 97 and 118; HRV (heart rate variability) as pulse rate variation information of the user is referred to as the degree of fatigue, and if the pulse rate variation information (HRV) does not satisfy a predetermined condition, a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified (e.g. Nth operational mode));
-- transition from the second operational mode to a third operational mode of the health-related application associated with the user based at least in part on the second trigger, wherein the third operational mode comprises an intermediary mode for transitioning from the second operational mode to the first operational mode (see NAKAZAWA et al. paragraphs 7, 77-78, 83, 97 and 118; HRV (heart rate variability) as pulse rate variation information of the user is referred to as the degree of fatigue, and if the pulse rate variation information (HRV) does not satisfy a predetermined condition, a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified (e.g. Nth operational mode)); and
-- transmit, based at least in part on transitioning to the third operational mode, one or more additional signals to the user device to cause the GUI of the user device to display a third set of physical activity targets and a third set of activity messages based at least in part on evaluating the received physiological data in accordance with the third operational mode, the third set of physical activity targets and the third set of activity messages associated with the third operational mode (see Weast et al. paragraphs 9, 150 and 306; Aspects described herein may further include user interface displays corresponding to different modes of the device. In one example, a first set of user interfaces may be displayed during an evaluation time period. Other user interfaces might only be made accessible upon the user completing the evaluation time period. Additionally, or alternatively, the various device modes may include an information loop mode and an action mode. The information loop and action modes may be displayed differently for ease of differentiation).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 6, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 5, wherein the one or more additional processors are configured to:
-- identify that a recovery metric associated with the user satisfies a threshold recovery level for a period of time (see Weast et al. paragraphs 9, 150 and 306; Activity may be tracked based on a specified goal or independently of a goal. In instances where activity is tracked based on a goal, the user may view his or her current progress in a variety of ways. As discussed herein, the activity tracking application may include a profile interface, an activity view interface and a home interface. Each of these interfaces may provide information relating to the user's current progress toward a goal and an amount of activity performed. The different interfaces may provide different levels of detail, different metrics, different activity data analyses, different types of additional information displayed with the current progress information and the like).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 7, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 5, further comprising wherein the one or more additional processors are further configured to:
-- identify a third trigger to transition from the third operational mode to the first operational mode (see NAKAZAWA et al. paragraphs 7, 77-78, 83, 97 and 118; HRV (heart rate variability) as pulse rate variation information of the user is referred to as the degree of fatigue, and if the pulse rate variation information (HRV) does not satisfy a predetermined condition, a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified (e.g. Nth operational mode));
-- transition from the third operational mode to the first operational mode based at least in part on the third trigger (see Weast et al. paragraph 291; Activity point indicator 8301 may be updated in real-time, substantially in real-time, on-demand, periodically, aperiodically and/or based on other specified schedules or rules. Updating may include synchronizing data with the wearable device. In one or more examples, updating of the activity point count may be triggered by movement of the mobile device or transitioning from a sleep state to an active or idle state. Additionally, or alternatively, update indicator 8309 may be used to identify when data is being synchronized or otherwise updated to the mobile application from the wearable device. In some arrangements, an option (not shown) may be provided to request updating or synchronization of the activity point data.); and
-- transmit, based at least in part on transitioning to the first operational mode, the one or more signals to the user device to cause the GUI of the user device to display the first set of physical activity targets and the first set of activity messages based at least in part on evaluating the received physiological data in accordance with the first operational mode (see Weast et al. paragraphs 9, 150 and 306; Aspects described herein may further include user interface displays corresponding to different modes of the device. In one example, a first set of user interfaces may be displayed during an evaluation time period. Other user interfaces might only be made accessible upon the user completing the evaluation time period. Additionally, or alternatively, the various device modes may include an information loop mode and an action mode. The information loop and action modes may be displayed differently for ease of differentiation).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 8, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 7, wherein identifying the third trigger is based at least in part on a duration of time spent in the second operational mode, measured physiological parameters included within the received physiological data that indicate the user has recovered to a sufficiently healthy level, or both (see Weast et al. paragraphs 9, 150, 291 and 306).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 9, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 5, wherein the first operational mode comprises a normal mode of the health-related application, wherein the second operational mode comprises a rest mode of the health-related application, and wherein the third operational mode comprises a recovery mode of the health-related application (See NAKAZAWA et al. paragraphs 7, 77-78, 83, 97 and 118).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 10, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, further comprising wherein the one or more additional processors are further configured to:
-- receive, via the user device, a user input comprising an indication to transition from the first operational mode to the second operational mode, wherein identifying the trigger is based at least in part on receiving the user input (see NAKAZAWA et al. paragraphs 7, 77-78, 83, 97 and 118; HRV (heart rate variability) as pulse rate variation information of the user is referred to as the degree of fatigue, and if the pulse rate variation information (HRV) does not satisfy a predetermined condition, a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified (e.g. Nth operational mode)).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 11, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, wherein the physiological data comprises temperature data, wherein the one or more additional processors are further configured to:
-- identify that the temperature data satisfies a temperature threshold, wherein identifying the trigger is based at least in part on the temperature data satisfying the temperature threshold (see Weast et al. paragraphs 4 and 203; Other sensors including heart-rate sensors, temperature sensors, humidity sensors and the like may also be included in the device).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 12, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, wherein the one or more additional processors are further configured to:
-- identify one or more health risk metrics associated with the user based at least in part on the received physiological data; and identify a potential health risk for the user based at least in part on the one or more health risk metrics associated with the user satisfying one or more thresholds, wherein identifying the trigger is based at least in part on identifying the potential health risk (see Weast et al. paragraphs 397 and 399; Accordingly, the device may include an non-active timer to determine the amount of user non-activity. Additionally, the message may provide a suggestion as to a type of activity the user should perform to counter any risks introduced by the inactivity. For example, the system may suggest that the user walk 1 hour at a 10-minute mile pace. When the user has counteracted or accounted for the risks or negative effects of the detected amount of inactivity time, a celebratory message or other indication may be provided.).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 13, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 12, wherein the one or more additional processors are further configured to:
-- identify the one or more health risk metrics associated with the user based at least in part on a plurality of physiological parameters associated with the physiological data, the plurality of physiological parameters comprising temperature data, heart rate data, heart rate variability data, respiratory rate data, blood oxygen saturation data, motion data, or any combination thereof (see Weast et al. paragraphs 4, 203, 397 and 399).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 14, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 12, wherein the one or more additional processors are further configured to:
-- identify the one or more health risk metrics associated with the user based at least in part on one or more scores associated with the user, wherein the one or more scores comprise a sleep score, a readiness score, an activity score, or any combination thereof (see Weast et al. paragraphs 397 and 399; Accordingly, the device may include a non-active timer to determine the amount of user non-activity. Additionally, the message may provide a suggestion as to a type of activity the user should perform to counter any risks introduced by the inactivity. For example, the system may suggest that the user walk 1 hour at a 10-minute mile pace. When the user has counteracted or accounted for the risks or negative effects of the detected amount of inactivity time, a celebratory message or other indication may be provided.).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 15, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 12, wherein the one or more additional processors are further configured to:
-- input the received physiological data into a classifier, wherein identifying the one or more health risk metrics is based at least in part on inputting the received physiological data into the classifier (see Weast et al. paragraphs 150 and 375; The athletic performance data or overall activity can include a variety of different parameters, metrics or physiological characteristics including but not limited to speed, distance, steps taken, and energy expenditure such as calories, heart rate and sweat detection. Activity may be summarized according to alternate or additional categorizations and divisions as desired and such categorizations may also be reflected and conveyed visually.).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 16, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, wherein the one or more additional processors are configured to:
-- identify a health risk metric associated with the user based at least in part on the received physiological data, the health risk metric associated with a relative probability that the user will transition from a healthy state to an unhealthy state; and -- identify that the health risk metric satisfies a health risk threshold (see Weast et al. paragraphs 4, 203, 397 and 399).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 17, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, wherein the trigger to transition from the first operational mode to the second operational mode comprises an indication of a cause for transitioning from the first operational mode to the second operational mode, wherein the one or more additional processors are further configured to select the second set of physical activity targets and the second set of activity messages based at least in part on a cause for transitioning from the first operational mode to the second operational mode (see NAKAZAWA et al. paragraphs 7, 66, 77, 83-84, 90, 94, 97, 118; the exercise support device according to this application example, the exercise plan generation unit generates an exercise plan generated using practice day information leading up to an event for a user, an exercise menu and event information. The exercise plan generation unit modifies the exercise menu or the exercise plan, based on the result of determination on the physical condition of the user found from pulse wave information. Thus, the user can obtain the exercise menu or the exercise plan modified based on the result of the determination on his/her own physical condition found from the pulse wave information, and can carry out effective training until the event, preventing overtraining and injuries or the like).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 18, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 1, wherein the first operational mode comprises a normal mode and the second operational mode comprises a rest mode, wherein the first set of physical activity targets comprise activity targets associated with the user when the user is in a healthy state, wherein the second set of physical activity targets comprise a set of reduced activity targets associated with the user when the user is in an unhealthy state or vulnerable state, and wherein the second set of activity messages are configured to promote the set of reduced activity targets (see Weast et al. paragraphs 9, 150, 275, 291, 301, 306, 326 and 397).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 19, PAHWA et al., NAKAZAWA et al. and Weast et al. teach the system of claim 18, wherein the set of reduced activity targets are configured to promote recovery for the user (see Weast et al. paragraphs 9, 150, 306, 397 and 399; Activity may be tracked based on a specified goal or independently of a goal. In instances where activity is tracked based on a goal, the user may view his or her current progress in a variety of ways. As discussed herein, the activity tracking application may include a profile interface, an activity view interface and a home interface. Each of these interfaces may provide information relating to the user's current progress toward a goal and an amount of activity performed. The different interfaces may provide different levels of detail, different metrics, different activity data analyses, different types of additional information displayed with the current progress information and the like).
The obviousness of combining the teachings of PAHWA et al., NAKAZAWA et al. and Weast et al. are discussed in the rejection of claim 1, and incorporated herein.
As per Claim 20, Claim 20 is directed to a method. Claim 20 recites the same or substantially similar limitations as those addressed above for Claim 1 as taught by PAHWA et al., NAKAZAWA et al. and Weast et al. Claim 20 is therefore rejected for the same reasons as set forth above for Claim 1 respectively.
Response to Arguments
Applicant’s arguments filed November 18, 2025 have been fully considered but they are not persuasive. In the remarks applicant argues:
35 U.S.C. 103
The Office Action rejected claims 1-20 under 35 U.S.C. § 103 over the stated combinations of Pahwa, Nakazawa, and Weast.
Factual findings made by the Office are the "necessary underpinnings to establish obviousness." MPEP § 2141(II). The Office must set forth "the relevant teachings of the prior art relied upon." MPEP § 2142. In KSR International Co. v. Teleflex Inc., the Supreme Court noted that the analysis supporting a rejection under 35 U.S.C. § 103 must be made explicit. See 550 U.S. 398, 418 (2007); MPEP § 2142. "[O]bviousness [also] requires a suggestion of all limitations in a claim." In re Wada and Murphy, Appeal 2007-3733 (citing CFMT; Inc. v. YieldUP International Corp., 349 F.3d 1333, 1342 (Fed. Cir. 2003)).
Independent Claims 1 and 20
Without conceding the merits of the rejection of independent claims 1 and 20 under 35
U.S.C. § 103-and solely to expedite prosecution-Applicant has amended independent claims 1 and 20. For example, independent claim 1 has been amended to recite, in part in part:
identify a trigger to transition the health-related application from the first operational mode associated with the first algorithm to the second operational mode associated with a second algorithm for calculating health-related metrics associated with the user ...; evaluate, after transitioning the health-related application from the first operational mode to the second operational mode and in accordance with the second operational mode of the health-related application, the physiological data using the second algorithm associated with the second operational mode and based at least in part on a second set of physical activity targets associated with the rest operational mode.
Independent claim 20 has been amended to include similar features. Pahwa, Nakazawa, and Weast -alone or in any combination-do not teach or suggest all of the features of amended independent claims 1 and 20.
The Office Action acknowledges that Pahwa does not teach or suggest "a trigger to transition the health-related application from the first operational mode associated with the first algorithm to the second operational mode associated with a second algorithm for calculating health-related metrics associated with the user," as recited in previously-presented independent claim 1. The Office Action instead relies upon Nakazawa to allegedly teach these features. See Office Action, p. 7.
Nakazawa is generally directed to "[a]n exercise support device." Nakazawa, Abstract. At the portions cited by the Office Action, Nakazawa describes that an "exercise plan [is] generated using practice day information leading up to an event for the user, an exercise menu, and event information." Id. [0077]. Nakazawa further describes that "if the pulse rate variation information does not satisfy a predetermined condition, a change in the physical condition of the user is determined and the exercise menu or the exercise plan is modified." Id. [0083].
However, modifying the exercise menu or the exercise plan, as described by Nakazawa does not teach or suggest a trigger to transition a health-related application that is executable by a user device from one operational mode to another. That is, the modified exercise menu or the exercise plan described in Nakazawa is operated under a same program of the exercise support device. Comparatively, the "first operational mode" and the "second operational mode" are associated different algorithms on a health-related application that is executable on a user device.
That is, the alleged "operational modes" described in Nakazawa (which are described as the exercise menu or the exercise plan) are not associated with different algorithms for calculating health-related metrics of a user. For example, Nakazawa does not describe any "first operational mode associated with the first algorithm" or "second operational mode associated with a second algorithm." Thus, Nakazawa does not teach or suggest "identify a trigger to transition the health-related application from the first operational mode associated with the first algorithm to the second operational mode associated with a second algorithm for calculating health-related metrics associated with the user," as recited in amended independent claim 1.
Weast does not overcome the deficiencies of Pahwa and Nakazawa, nor does the Office Action suggest otherwise. Therefore, Pahwa, Nakazawa, and Weast -alone or in any combination-do not teach or suggest "identify[ing] a trigger to transition the health-related application from the first operational mode associated with the first algorithm to the second operational mode associated with a second algorithm for calculating health-related metrics associated with the user," as recited in amended independent claim 1.
The Office Action acknowledges that Pahwa and Nakazawa do not teach or suggest "evaluate, in accordance with the second operational mode of the health-related application, the physiological data using the second algorithm associated with the second operational mode and based at least in part on a second set of physical activity targets associated with the rest operational mode," as recited in previously-presented independent claim 1. The Office Action instead relies upon Weast to allegedly teach these features. See Office Action, p. 8.
Weast is generally directed to "[a] wearable device assembly" that indicates "an activity level of the user." Weast, Abstract. At the portions cited by the Office Action, Weast describes that an "activity point indicator 8301 may provide the user with information as to a number of activity points that he or she has accumulated." Id. [0291]. Weast further describes that "updating of the activity point count may be triggered by movement of the mobile device or transitioning from a sleep state to an active or idle state." Id.
However, a trigger to transition into an active or idle state, as described by Weast does not teach or suggest a trigger to transition a health-related application that is executable by a user device from one operational mode to another. That is, the active or idle state described in Weast is referring to an operational mode of the mobile device itself. Comparatively, the "first operational mode" and the "second operational mode" are associated with a health-related application that is executable on a user device (and are therefore not "operational modes" of the user device itself, as descried in Weast).
Moreover, the alleged "operational modes" described in Weast (which are described as an active or idle state) are not associated with algorithms for calculating health-related metrics of a user. For example, Weast does not describe any "first operational mode associated with the first algorithm" or "second operational mode associated with a second algorithm." Thus, Weast does not teach or suggest "evaluate, after transitioning the health-related application from the first operational mode to the second operational mode and in accordance with the second operational mode of the health-related application, the physiological data using the second algorithm associated with the second operational mode and based at least in part on a second set of physical activity targets associated with the rest operational mode," as recited in amended independent claim 1.
In response to argument (1), Examiner respectfully disagrees. After consideration of Applicant’s arguments, the rejection of claims 1–20 under 35 U.S.C. § 103 is maintained. Although Applicant contends that the cited references fail to teach or suggest transitioning between operational modes associated with different algorithms, this argument mischaracterizes both the applied prior art and the Examiner’s position. Nakazawa expressly teaches acquiring physiological data, such as heart rate variability, comparing that data to a predetermined condition, determining a change in the user’s physical condition, and modifying the exercise menu or exercise plan accordingly, including facilitating rest. This sequence inherently reflects a transition from one operational approach to another, for example from a normal training state to a modified or recovery-oriented state. The Examiner reasonably interprets these differing approaches to calculating health-related outcomes and recommendations as different “operational modes” employing different algorithms or calculation logic, even though Nakazawa does not explicitly label them as “first” and “second” algorithms. Prior art is not required to use the same terminology as the claims so long as it teaches the same functional concepts.
Applicant’s attempt to distinguish between “operational modes of the device” and “operational modes of the application” is likewise unpersuasive. The claims do not require that operational modes be confined to a particular software abstraction or exclude implementation within a single application. When the teachings of Nakazawa are considered in combination with Weast, a person of ordinary skill in the art would readily understand that Nakazawa’s fatigue-based modification logic would be implemented within the health-related application framework described by Weast. Doing so naturally results in different operational modes of the application itself, each evaluating physiological data according to different criteria and producing different targets and recommendations, as claimed. This distinction raised by Applicant is therefore one of form rather than substance.
The amendments to independent claims 1 and 20, which add language specifying evaluation “after transitioning” to the second operational mode, do not introduce patentably meaningful limitations. The temporal relationship recited by the amended claims is already inherent in the applied references. Nakazawa teaches that, after a trigger condition based on physiological data is identified, the system modifies its evaluation and output behavior. Weast teaches evaluating physiological or activity data and providing targets and recommendations according to the user’s current state or goals. Together, these references disclose evaluation occurring in accordance with the operational mode after a transition has occurred, rendering the added language insufficient to overcome the rejection.
Applicant’s argument that the references do not teach “different algorithms” is also unavailing. Nakazawa clearly employs different calculation approaches depending on whether the user’s physiological condition satisfies a predetermined threshold, using one approach under normal conditions and another when fatigue or recovery is indicated. These different approaches constitute different algorithms within the broad and reasonable meaning of that term, even if they are implemented within a single program or not expressly labeled as separate algorithms. It is well established that prior art need not mirror the claim language verbatim to teach or suggest the claimed subject matter.
Finally, the Examiner’s rationale for combining Pahwa, Nakazawa, and Weast is sound and fully consistent with KSR. Pahwa provides the wearable ring-based sensing platform, Weast provides the application infrastructure for evaluating data, presenting targets, and delivering recommendations, and Nakazawa addresses the well-recognized problem of preventing overtraining by modifying activity based on physiological fatigue indicators. Incorporating Nakazawa’s fatigue-based logic into the comprehensive health monitoring and application framework of Pahwa and Weast would have been an obvious and predictable design choice for a person of ordinary skill in the art seeking to improve user health outcomes. The rejection therefore properly establishes a prima facie case of obviousness, and Applicant’s arguments, which rely largely on semantic distinctions rather than substantive technical differences, do not overcome that case.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pub. No.: US 20140349256 A1 In an example, a smart watch, fitness watch, watch phone, smart ring, or smart bracelet can measure the speed, pace, or rate at which a person brings food up to their mouth while eating and provide feedback to the person to encourage them to eat slower if the speed, pace, or rate is high. In an example, feedback can be sound-based, such as an alarm, buzzer, or computer-generated voice. In an example, feedback can be tactile, such as vibration or pressure. In an example, such feedback can be visual, such as a light, image, or display screen. In an alternative example, eating speed can be inferred indirectly by a plate, dish, bowl, glass or other place setting member that measures changes in the weight of food on the member. Negative feedback can be provided to the person if the weight of food on the plate, dish, bowl, or glass decreases in a manner that indicates that food consumption is too fast.
Pub. No.: US 20140073486 A1; Embodiments provide physiological measurement systems, devices and methods for continuous health and fitness monitoring. A lightweight wearable system is provided to collect various physiological data continuously from a wearer without the need for electrocardiography (ECG) equipment or a chest strap. The system also enables monitoring of one or more physiological parameters in addition to heart rate including, but not limited to, body temperature, heart rate variability, motion, sleep, stress, fitness level, recovery level, effect of a workout routine on health and fitness, caloric expenditure, global positioning system (GPS) location, altitude, and the like. Embodiments also include computer-executable instructions that, when executed, enable automatic analysis, transformation and interpretation of one or more physiological parameters to assess the cardiovascular intensity experienced by a user (embodied in an intensity score or indicator) and the user's recovery after physical exertion (embodied in a recovery score). These indicators or scores may be stored on a non-transitory computer-readable medium and displayed on a visual display device to assist a user in managing the user's health and exercise regimen.
Pub. No.: US 20180256095 A1; Various embodiments are depicted in the accompanying drawings for illustrative purposes, and should in no way be interpreted as limiting the scope of the inventions. In addition, various features of different disclosed embodiments can be combined to form additional embodiments, which are part of this disclosure. Throughout the drawings, reference numbers may be reused to indicate correspondence between reference elements.
Patent No.: US 11211165 B1; Systems and methods for improving Remote Patient Monitoring by utilizing a plurality of physiological test devices with built-in hardware, software and wireless connectivity redundancy mechanisms to help ensure successful remote patient monitoring in the event of hardware and software failures as well as wireless communication disruption and down-time. A time-delayed method for the transmission of the acquired physiological parameters are utilized for reliable delivery of patient test data to remote server in the event of disruption in wireless communication services. Additionally, Artificial Intelligent (AI) Avatar Virtual Assistant with passive “Check My Status' monitoring is utilized to provide a multilayer testing mechanism within remote patient monitoring by interactively communicating with the patient via voice using Speech To Text (STT), Text To Speech (TTS) and Natural Language Processing (NLP).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD B WINSTON III whose telephone number is (571)270-7780. The examiner can normally be reached M-F 1030 to 1830.
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/E.B.W/ Examiner, Art Unit 3683
/ROBERT W MORGAN/ Supervisory Patent Examiner, Art Unit 3683