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 .
Response to Arguments
The objections to the claims and to the Specification are withdrawn in light of the amendments to the claims and the Specification, filed 10/15/25.
Applicant’s arguments with respect to the invocation of 35 U.S.C. 112(f) have been fully considered but are not persuasive.
Independent claims 1, 19, and 20 have been amended to recite in part “wherein the load providing device includes a breathing control mask” (emphasis added), however, the claims do not recite the structure, material, or acts of the “load providing device” itself. Accordingly, the interpretation of the claim under 35 U.S.C. 112(f) is maintained and the load providing device, configured to provide a load experience to the player during reproduction of the content according to the absolute load data, is being interpreted to cover the corresponding structure described in the Specification as performing the claimed function, and equivalents thereof (Specification, Fig. 23; [0165-0167], wherein the load providing device is disclosed to be a treadmill or augmented reality glasses that include a breathing control mask).
The rejections of the claims under 35 U.S.C. 112(b) are withdrawn in light of the amendments to the claims, filed 10/15/25. However, new rejections under 35 U.S.C. 112 have been presented in light of the amendments, as discussed in detail below.
Applicant’s arguments with respect to the rejections of the claims under 35 U.S.C. 103 have been fully considered and are persuasive. Accordingly, the rejections under 35 U.S.C. 103 have been withdrawn.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: load providing device in claims 1, 19, and 20.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the Specification as performing the claimed function, and equivalents thereof (Specification, Fig. 23; [0165-0167], wherein the load providing device is disclosed to be a treadmill or augmented reality glasses that include a breathing control mask).
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation recites sufficient structure to perform the claimed function so as to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the Specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites in part “wherein the load providing device includes a breathing control mask configured to provide the load experience by controlling an air intake in accordance with the respective type of the relative load data associated with each temporal section of the section timeline panel”. However, the Specification does not disclose wherein a breathing control mask is configured to provide the load experience by controlling an air intake in accordance with the respective type of the relative load data. Rather, the Specification only discloses wherein the load providing device (e.g., breathing control mask) controls the load provided to the player in accordance with absolute load data (Specification, [0140]; [0145]; [0152-0153]; [0160]). Accordingly, claim 1 is rejected for a lack of written description.
Independent claims 19-20 are rejected for the same reasoning.
Dependent claims 2-18 and 21 are rejected by virtue of their dependencies on claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites in part “control display of a section timeline panel in which areas corresponding to the plurality of temporal sections of the content are arranged to indicate a respective type of the relative load data associated with each respective temporal section”. It is indefinite as to how the arrangement of the areas corresponding to the plurality of temporal sections of the content indicate a respective type of the relative load data, as required by the claim, and the Specification does not offer further guidance.
Independent claims 19-20 are rejected for the same reasoning.
Dependent claims 2-18 and 21 are rejected by virtue of their dependencies on claim 1.
Claim 2 recites the limitation "the daily log" in ln. 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 is rejected by virtue of its dependency on claim 2.
Claim 8 recites in part “a section for each of the areas of the section timeline panel”. It is indefinite as to if and/or how “a section” differs from a temporal section or an area of the section timeline panel.
Claim 15 recites in part “wherein the circuitry associates the relative load data with each temporal section of the content as data distributed in addition to the content”. It is indefinite what this limitation is intended to mean, and the Specification does not offer further guidance. That is, it is indefinite as to how associating the relative load data with each temporal section of the content is “data distributed in addition to the content”. It is further noted that the content is not previously claimed to be “distributed” in claim 15 or claim 1 from which claim 15 depends.
Acknowledgments
No prior art is currently provided in light of the rejections under 35 U.S.C. 112.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. 6,512,948 B1 – This reference teaches wherein a load of exercise may be controlled employing an oxygen intake.
KR 20210017003 A – This reference teaches adjusting the amount of air supplied via a mask according to the amount of exercise.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALYSSA N BRANDLEY whose telephone number is (571)272-4280. The examiner can normally be reached M-F: 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol, can be reached at (571)272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSSA N BRANDLEY/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715