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 .
Examiner’s Comments
Claims 1, 4, 8, 11, 15, and 19 have been amended by applicant. Claims 2-3, 9-10, and 16-18 have been cancelled by applicant. Claims 21-23 have been newly added by applicant.
Claims 1, 4-8, 11-15, and 19-23 remain rejected.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4-7, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sultan (US Patent No. US8961371B2).
Regarding claim 1, Sultan shows a method for exercising (Sultan, “This disclosure provides systems, methods, and apparatus for enabling exercise by a user”, Abstract), comprising: detecting a presence of a user at a first exercise device based at least in part on the first exercise device receiving login information associated with the user (Sultan, “User identifier device 120 can be any device that can uniquely identify an individual, including, without limitation, a biosensor, a fingerprint scanner, a card reader, a phone dock, a voice recognition module, a visual portal with a login screen, a retina scanner, a facial recognition module, or the like”, col. 6, lines 35-40); creating an active workout session for the user on a first local storage of the first exercise device based at least in part on detecting the presence of the user at the first exercise device (Sultan, “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140”, col. 5, line 65-col. 6, line 2 and “A user may wish to log into exercise machine 130 such that the user can load his or her own applications, generate a customized exercise routine, and/or allow the system to record and store the user's health and/or workout data”, col. 6, lines 31-35, and “Network communication device 140 includes one or more central processing units (CPU) 220, which can include a microprocessor. Network communication device 140 further includes a memory 240, such as random access memory (RAM) for temporary storage of information, a read only memory (ROM) for permanent storage of information, and a mass storage device 250, such as a hard drive, a flash drive, a memory card, a diskette, an optical media storage device, or the like”, col. 8, lines 21-29; The network communication device of the exercise machine is part of the exercise machine shows the first local storage of the claimed invention), wherein the active workout session is opened to receive exercise information for an exercise program in which the user completes a pre-determined set of exercise instructions, and wherein the pre-determined set of exercise instructions for the active workout session occur over a finite duration and across the first exercise device and a second exercise device (Sultan, “in situations in which exercise machine 130 is a lifting machine, the web-enabled user access point or other display device could speak, display text, make a noise, vibrate, and/or flash a light to indicate to the user that he or she should do a certain number of reps or that the person has completed a particular set. If an application determines that the user should exercise on a different exercise machine, this information could be displayed or verbally spoken to the user through the web-enabled user access point as well”, col. 10, lines 27-35; The detection of the completion of a particular set at the initial exercise machine of Sultan with an alert such as noise or light shows the active workout session of the claimed invention being opened to receive exercise information in which a user completes a pre-determined set of exercise instructions. The alert of Sultan to move to a different exercise machine of Sultan shows the pre-determined set of exercise instructions of the claimed invention occurring over a finite duration and across the first exercise device and the second exercise device of the claimed invention); collecting, by the first exercise device, a first set of exercise information for the user based at least in part on creating the active workout session and the user performing a first exercise using the first exercise device (Sultan, “ the user's health and/or workout data can be collected from an exercise machine in use by the user”, col. 4, lines 65-66, and “To improve the efficiency of a user's workout, the system can execute any application or applications of the user's choosing. In an embodiment, the application or applications executed can utilize the user's health and/or workout data retrieved from the central repository to send commands to an exercise machine, instructing the machine how to perform. An application can use some or all of the available user health and/or workout data. In another embodiment, the application or applications can extract health and/or workout data collected by an exercise machine to track a user's progress”, col. 5, lines 38-47); detecting the presence of the user at the second exercise device based at least in part on the second exercise device receiving the login information associated with the user (Sultan, “user identifier module 270 receives user identification data from user identifier device 120, either directly or indirectly through exercise machine 130, and generates a key that can be used to extract data from user application database 150, user health information database 155, and/or user entertainment database 160 that corresponds to the user in question”, col. 9, lines 55-61, and “the execution can generate a message instructing the user to exercise on a different machine and provide an exercise routine for the different machine”, col. 12, lines 53-55; In order for different machine to receive workout data based on the exercise routine corresponding to a specific user, the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the detection of the presence of the user at the second exercise device of the claimed invention based at least in part on the login information received at the second exercise device); transmitting, by the first exercise device, the first set of exercise information to the second exercise device based at least in part on the second exercise device receiving the login information (Sultan, “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140”, col. 5, line 65-col. 6, line 2, and “Network communication device 140 can retrieve health and/or workout data collected from exercise machine 130 and transmit such data to user health information database 155 for storage. Likewise, network communication device 140 can retrieve health and/or workout data stored in user health information database 155… The at least one application retrieved from user application database 150 and health and/or workout data retrieved from user health information database 155 can be used by network communication device 140 to send command signals to exercise machine 130”, col. 6, lines 11-22, and “the execution can result in the generation of command signals to control operation of the exercise machine. In some embodiments, the execution can generate a message instructing the user to exercise on a different machine and provide an exercise routine for the different machine”, col. 12, lines 51-55; The exercise machine of Sultan delivers workout data to the different exercise machine via the command signal. The workout data retrieved by the network communication device of the different exercise device is used by the network communication device to control the operation of the exercise device to provide the exercise routine on for the different machine, thereby, in the broadest reasonable interpretation of the claim, showing the transmission of the first set of exercise information by the first exercise device to the second exercise device of the claimed invention. The different exercise machine of Sultan, as explained above, requires that the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the transmission of the first set of exercise information to be based in part on the different machine receiving identification information of the specific user); collecting, by the second exercise device, a second set of exercise information for the user based at least in part on detecting the presence of the user at the second exercise device and the user performing a second exercise using the second exercise device (Sultan, “the process receives health and/or workout data from exercise machine 130 generated by the user's exercising”, col. 12, lines 60-62 and “the process transmits the received health and/or workout data to user health information database 155. The process can automatically enter the data into the correct field based on a key or code generated from the user identification data, or based on the user identification data itself”, col. 13, lines 5-9; Once the user exercises with the different exercise machine of Sultan, that different exercise machine is considered exercise machine 130, or the current exercise machine. Therefore, the health and/or workout data of the different exercise machine is collected thereby showing a second set of exercise information of the claimed invention); adding the second set of exercise information collected by the second exercise device to the first set of exercise information collected by the first exercise device (“At block 670, the process receives health and/or workout data from exercise machine 130 generated by the user's exercising. As described herein, received health and/or workout data can include, without limitation, the number of reps done, the number of sets completed, the time taken between reps, the time taken between sets, the amount of weight lifted, distance run, speed, number of calories burned, heart rate, wattage produced, exercise equipment used, which exercise equipment is used the most, which exercise equipment is used the least, the time of day the workout took place, the time of the year the workout took place, preexisting conditions, prior injuries, muscle gained, fat lost, or the like”, col. 12, line 60- col. 3, lines 1-4; The health and/or workout data of Sultan being stored, specifically, the various types of data such as the amount of weight lifted and the distance run, according to which exercise equipment was used shows health and/or workout data of the different exercise machine of Sultan being added to the health and/or workout data of the exercise machine of Sultan, thereby showing the addition of the second set of exercise information of the claimed invention being added to the first set of exercise information); and uploading the completed active workout session including the first set of exercise information and the second set of exercise information from a second local storage of the second exercise device to a remote server (Sultan, “FIG. 6 is a flowchart illustrating a process for loading and executing at least one application in network communication device 140 or user communication device 420… At block 680, the process transmits the received health and/or workout data to user health information database 155. The process can automatically enter the data into the correct field based on a key or code generated from the user identification data, or based on the user identification data itself. At block 690 the process ends.”, col. 13, lines 5-10, “A user at the first network device could complete his or her workout and the process could transmit the workout information and any exercise machine command signals to the host server”, col. 14, lines 44-47, and “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140, either directly or indirectly via an intermediary module”, col. 5 line 65- col. 6, line 3, and “databases can be housed in a server apparatus”, col. 6, lines 59-61; The received health and/or workout data being transmitted and entered into the health information database of Sultan shows the upload of the completed active workout session as the process cited above involves the execution of at least one application which corresponds to a workout routine. Moreover, in this process, users are recommended to proceed to a different machine and ends once the health and/or workout data is transmitted to the user health information database. The network communication device that corresponds to the different exercise device of Sultan shows the second local storage of the claimed invention. The health information database of Sultan shows the remote server of the claimed invention).
PNG
media_image1.png
546
356
media_image1.png
Greyscale
Sultan
Regarding claim 4, Sultan shows the method of claim 1, wherein completing the active workout session comprises: completing the pre-determined set of exercise instructions (Sultan; As explained above in claim 1, the indication that the user should a certain number of reps or that a person has completed a particular set, and the user should exercise on a different machine shows the completion of the active workout session includes the completion of the pre-determined set of exercise instructions. Moreover, the process 600 cited above in claim 1 automatically enters the health and/or workout data upon the completion of the workout as the process ends following the transmission of the health and/or workout data).
Regarding claim 5, Sultan shows the method of claim 1, wherein collecting the second set of exercise information comprises: assigning the second set of exercise information to the user based on the login information received at the second exercise device (Sultan; As explained in claim 1 above, in order for different machine to receive workout data based on the exercise routine corresponding to a specific user, the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the detection of the presence of the user at the second exercise device of the claimed invention based on the login information received at the second exercise device. Also explained in claim 1 above, once the user exercises with the different exercise machine of Sultan, that different exercise machine is considered exercise machine 130, or the current exercise machine. Therefore, the health and/or workout data of the different exercise machine is collected and sent to the user health information database for the specific user).
Regarding claim 6, Sultan shows the method of claim 1, wherein receiving the login information at the second exercise device comprises: receiving identification information from a mobile device (Sultan, “User identifier device 120 can be any device that can uniquely identify an individual, including, without limitation, a biosensor, a fingerprint scanner, a card reader, a phone dock, a voice recognition module, a visual portal with a login screen, a retina scanner, a facial recognition module, or the like”, col. 6, lines 35-40; The phone dock of Sultan shows the identification information being received from a mobile device).
Regarding claim 7, Sultan shows the method of claim 1, wherein receiving the login information at the second exercise device comprises: receiving biometric login information (Sultan, “User identifier device 120 can be any device that can uniquely identify an individual, including, without limitation, a biosensor, a fingerprint scanner, a card reader, a phone dock, a voice recognition module, a visual portal with a login screen, a retina scanner, a facial recognition module, or the like”, col. 6, lines 35-40; The biosensor, the fingerprint scanner, the voice recognition module, the retina scanner, and the facial recognition module shows the biometric login information of the claimed invention. The user identifier device is for the exercise machine and the different exercise machine of Sultan, thereby showing the second exercise device of the claimed invention receiving the biometric login information).
Regarding claim 21, Sultan shows the method of claim 1, further comprising: requesting, by the second exercise device and based at least in part on the second exercise device receiving the login information, the first set of exercise information from the first exercise device, wherein the first set of exercise information is transmitted, by the first exercise device, in response to the requesting (Sultan; As explained above in claim 1, the exercise machine of Sultan delivers workout data to the different exercise machine via the command signal. The different exercise machine of Sultan, as explained above, requires that the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the transmission of the first set of exercise information to be based in part on the different machine receiving identification information of the specific user. The user identifier device being processed by the user identifier module in order for the exercise routine to be provided on the different machine shows, in the broadest reasonable interpretation of the claim, the request of the claimed invention as the workout data retrieved by the network communication device of the different exercise device is used by the network communication device to control the operation of the exercise device to provide the exercise routine on for the different machine).
Claims 8, 11-14, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sultan (US Patent No. US8961371B2).
Regarding claim 8, Sultan shows a system for recording workout information (Sultan, “the systems and methods described herein can be used to improve workout performance. In an embodiment, the system automatically collects, stores, and retrieves a user's health and/or workout data”, col. 4, lines 9-12), the system comprising: a first exercise device (Sultan, “Exercise machine 130 can be an aerobic machine, lifting machine, or any other type of exercise equipment”, col. 5, lines 58-59); a second exercise device in communication with the first exercise device and a network (Sultan, “an application could inform the user of the particular exercise it is recommending through the web-enabled user access point or other display device. For example, in situations in which exercise machine 130 is a lifting machine, the web-enabled user access point or other display device could speak, display text, make a noise, vibrate, and/or flash a light to indicate to the user that he or she should do a certain number of reps or that the person has completed a particular set. If an application determines that the user should exercise on a different exercise machine, this information could be displayed or verbally spoken to the user through the web-enabled user access point as well”, col. 10, lines 24-35; The different exercise machine of Sultan shows the second exercise device of the claimed invention. The web-enabled user access point shows the network of the claimed invention); and a processor and a hardware storage device having instructions stored thereon that, when executed by the processor (Sultan, “Network communication device 140 includes one or more central processing units (CPU) 220, which can include a microprocessor. Network communication device 140 further includes a memory 240, such as random access memory (RAM) for temporary storage of information, a read only memory (ROM) for permanent storage of information, and a mass storage device 250, such as a hard drive, a flash drive, a memory card, a diskette, an optical media storage device, or the like”, col. 8, lines 21-29, and “Network communication device 140 can also retrieve at least one application acquired by a user and stored in user application database 150. The at least one application retrieved from user application database 150 and health and/or workout data retrieved from user health information database 155 can be used by network communication device 140 to send command signals to exercise machine 130… The databases can be housed in a server apparatus or in a personal device, like a cell phone, a smart phone, a PDA, a tablet, a laptop, a desktop, a camera, a flash drive, a memory card, an optical disc, or the like”, col. 6, lines 16-63; The CPU of Sultan shows the processor of the claimed invention. The server apparatus of Sultan shows the hardware storage device of the claimed invention. The application of Sultan shows the instructions of the claimed invention), cause the processor to: detect a presence of a user at the first exercise device based at least in part on the first exercise device receiving login information associated with the user (Sultan, “User identifier device 120 can be any device that can uniquely identify an individual, including, without limitation, a biosensor, a fingerprint scanner, a card reader, a phone dock, a voice recognition module, a visual portal with a login screen, a retina scanner, a facial recognition module, or the like”, col. 6, lines 35-40); create an active workout session for the user on a first local storage of the first exercise device based at least in part on detecting the presence of the user at the first exercise device (Sultan, “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140”, col. 5, line 65-col. 6, line 2 and “A user may wish to log into exercise machine 130 such that the user can load his or her own applications, generate a customized exercise routine, and/or allow the system to record and store the user's health and/or workout data”, col. 6, lines 31-35, and “Network communication device 140 includes one or more central processing units (CPU) 220, which can include a microprocessor. Network communication device 140 further includes a memory 240, such as random access memory (RAM) for temporary storage of information, a read only memory (ROM) for permanent storage of information, and a mass storage device 250, such as a hard drive, a flash drive, a memory card, a diskette, an optical media storage device, or the like”, col. 8, lines 21-29; The network communication device of the exercise machine is part of the exercise machine shows the first local storage of the claimed invention), wherein the active workout session is opened to receive exercise information for an exercise program in which the user completes a pre-determined set of exercise instructions, wherein the exercise information includes a first set of exercise information and a second set of exercise information, and wherein the pre- determined set of exercise instructions for the active workout session occur over a finite duration and across the first exercise device and the second exercise device (Sultan, “in situations in which exercise machine 130 is a lifting machine, the web-enabled user access point or other display device could speak, display text, make a noise, vibrate, and/or flash a light to indicate to the user that he or she should do a certain number of reps or that the person has completed a particular set. If an application determines that the user should exercise on a different exercise machine, this information could be displayed or verbally spoken to the user through the web-enabled user access point as well”, col. 10, lines 27-35; The detection of the completion of a particular set at the initial exercise machine of Sultan with an alert such as noise or light shows the active workout session of the claimed invention being opened to receive exercise information in which a user completes a pre-determined set of exercise instructions. The alert of Sultan to move to a different exercise machine of Sultan shows the pre-determined set of exercise instructions of the claimed invention occurring over a finite duration and across the first exercise device and the second exercise device of the claimed invention); collect, by the first exercise device, the first set of exercise information for the user based at least in part on creating the active workout session and the user performing a first exercise using the first exercise device (Sultan, “ the user's health and/or workout data can be collected from an exercise machine in use by the user”, col. 4, lines 65-66, and “To improve the efficiency of a user's workout, the system can execute any application or applications of the user's choosing. In an embodiment, the application or applications executed can utilize the user's health and/or workout data retrieved from the central repository to send commands to an exercise machine, instructing the machine how to perform. An application can use some or all of the available user health and/or workout data. In another embodiment, the application or applications can extract health and/or workout data collected by an exercise machine to track a user's progress”, col. 5, lines 38-47); detect the presence of the user at the second exercise device based at least in part on the second exercise device receiving the login information associated with the user (Sultan, “user identifier module 270 receives user identification data from user identifier device 120, either directly or indirectly through exercise machine 130, and generates a key that can be used to extract data from user application database 150, user health information database 155, and/or user entertainment database 160 that corresponds to the user in question”, col. 9, lines 55-61, and “the execution can generate a message instructing the user to exercise on a different machine and provide an exercise routine for the different machine”, col. 12, lines 53-55; In order for different machine to receive workout data based on the exercise routine corresponding to a specific user, the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the detection of the presence of the user at the second exercise device of the claimed invention based at least in part on the login information received at the second exercise device); transmit, by the first exercise device, the first set of exercise information to the second exercise device based at least in part on the second exercise device receiving the login information (Sultan, “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140”, col. 5, line 65-col. 6, line 2, and “Network communication device 140 can retrieve health and/or workout data collected from exercise machine 130 and transmit such data to user health information database 155 for storage. Likewise, network communication device 140 can retrieve health and/or workout data stored in user health information database 155… The at least one application retrieved from user application database 150 and health and/or workout data retrieved from user health information database 155 can be used by network communication device 140 to send command signals to exercise machine 130”, col. 6, lines 11-22, and “the execution can result in the generation of command signals to control operation of the exercise machine. In some embodiments, the execution can generate a message instructing the user to exercise on a different machine and provide an exercise routine for the different machine”, col. 12, lines 51-55; The exercise machine of Sultan delivers workout data to the different exercise machine via the command signal. The workout data retrieved by the network communication device of the different exercise device is used by the network communication device to control the operation of the exercise device to provide the exercise routine on for the different machine, thereby, in the broadest reasonable interpretation of the claim, showing the transmission of the first set of exercise information by the first exercise device to the second exercise device of the claimed invention. The different exercise machine of Sultan, as explained above, requires that the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the transmission of the first set of exercise information to be based in part on the different machine receiving identification information of the specific user); collect, by the second exercise device, the second set of exercise information for the user based at least in part on detecting the presence of the user at the second exercise device and the user performing a second exercise using the second exercise device (Sultan, “the process receives health and/or workout data from exercise machine 130 generated by the user's exercising”, col. 12, lines 60-62 and “the process transmits the received health and/or workout data to user health information database 155. The process can automatically enter the data into the correct field based on a key or code generated from the user identification data, or based on the user identification data itself”, col. 13, lines 5-9; Once the user exercises with the different exercise machine of Sultan, that different exercise machine is considered exercise machine 130, or the current exercise machine. Therefore, the health and/or workout data of the different exercise machine is collected thereby showing a second set of exercise information of the claimed invention); add the second set of exercise information collected by the second exercise device to the first set of exercise information collected by the first exercise device (“At block 670, the process receives health and/or workout data from exercise machine 130 generated by the user's exercising. As described herein, received health and/or workout data can include, without limitation, the number of reps done, the number of sets completed, the time taken between reps, the time taken between sets, the amount of weight lifted, distance run, speed, number of calories burned, heart rate, wattage produced, exercise equipment used, which exercise equipment is used the most, which exercise equipment is used the least, the time of day the workout took place, the time of the year the workout took place, preexisting conditions, prior injuries, muscle gained, fat lost, or the like”, col. 12, line 60- col. 3, lines 1-4; The health and/or workout data of Sultan being stored, specifically, the various types of data such as the amount of weight lifted and the distance run, according to which exercise equipment was used shows health and/or workout data of the different exercise machine of Sultan being added to the health and/or workout data of the exercise machine of Sultan, thereby showing the addition of the second set of exercise information of the claimed invention being added to the first set of exercise information); and upload, the completed active workout session including the first set of exercise information and the second set of exercise information from a second local storage of the second exercise device to a remote server (Sultan, “FIG. 6 is a flowchart illustrating a process for loading and executing at least one application in network communication device 140 or user communication device 420… At block 680, the process transmits the received health and/or workout data to user health information database 155. The process can automatically enter the data into the correct field based on a key or code generated from the user identification data, or based on the user identification data itself. At block 690 the process ends.”, col. 13, lines 5-10, “A user at the first network device could complete his or her workout and the process could transmit the workout information and any exercise machine command signals to the host server”, col. 14, lines 44-47, and “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140, either directly or indirectly via an intermediary module”, col. 5 line 65- col. 6, line 3, and “databases can be housed in a server apparatus”, col. 6, lines 59-61; The received health and/or workout data being transmitted and entered into the health information database of Sultan shows the upload of the completed active workout session as the process cited above involves the execution of at least one application which corresponds to a workout routine. Moreover, in this process, users are recommended to proceed to a different machine and ends once the health and/or workout data is transmitted to the user health information database. The network communication device that corresponds to the different exercise device of Sultan shows the second local storage of the claimed invention. The health information database of Sultan shows the remote server of the claimed invention).
Regarding claim 11, Sultan shows the system of claim 8, wherein the instructions to complete the active workout session, when executed by the processor, cause the processor to: complete the pre-determined set of exercise instructions (Sultan; As explained above in claim 8, the indication that the user should a certain number of reps or that a person has completed a particular set, and the user should exercise on a different machine shows the completion of the active workout session includes the completion of the pre-determined set of exercise instructions. Moreover, the process 600 cited above in claim 1 automatically enters the health and/or workout data upon the completion of the workout as the process ends following the transmission of the health and/or workout data).
Regarding claim 12, Sultan shows the system of claim 8, wherein the instructions to collect the second set of exercise information, when executed by the processor, cause the processor to: assign the second set of exercise information to the user based on the login information (Sultan; As explained in claim 8 above, in order for different machine to receive workout data based on the exercise routine corresponding to a specific user, the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the detection of the presence of the user at the second exercise device of the claimed invention based on the login information received at the second exercise device. Also explained in claim 8 above, once the user exercises with the different exercise machine of Sultan, that different exercise machine is considered exercise machine 130, or the current exercise machine. Therefore, the health and/or workout data of the different exercise machine is collected and sent to the user health information database for the specific user).
Regarding claim 13, Sultan shows the system of claim 8, wherein the instructions to receive the login information, when executed by the processor, cause the processor to: receive identification information from a mobile device (Sultan, “User identifier device 120 can be any device that can uniquely identify an individual, including, without limitation, a biosensor, a fingerprint scanner, a card reader, a phone dock, a voice recognition module, a visual portal with a login screen, a retina scanner, a facial recognition module, or the like”, col. 6, lines 35-40; The phone dock of Sultan shows the identification information being received from a mobile device).
Regarding claim 14, Sultan shows the system of claim 8, wherein the instructions to receive the login information, when executed by the processor, cause the processor to: receive biometric login information (Sultan, “User identifier device 120 can be any device that can uniquely identify an individual, including, without limitation, a biosensor, a fingerprint scanner, a card reader, a phone dock, a voice recognition module, a visual portal with a login screen, a retina scanner, a facial recognition module, or the like”, col. 6, lines 35-40; The biosensor, the fingerprint scanner, the voice recognition module, the retina scanner, and the facial recognition module shows the biometric login information of the claimed invention. The user identifier device is for the exercise machine and the different exercise machine of Sultan, thereby showing the second exercise device of the claimed invention receiving the biometric login information).
Regarding claim 22, Sultan shows the system of claim 8, wherein the instructions, when executed by the processor, further cause the processor to: request, by the second exercise device and based at least in part on the second exercise device receiving the login information, the first set of exercise information from the first exercise device, wherein the first set of exercise information is transmitted, by the first exercise device, in response to the request (Sultan; As explained above in claim 8, the exercise machine of Sultan delivers workout data to the different exercise machine via the command signal. The different exercise machine of Sultan, as explained above, requires that the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the transmission of the first set of exercise information to be based in part on the different machine receiving identification information of the specific user. The user identifier device being processed by the user identifier module in order for the exercise routine to be provided on the different machine shows, in the broadest reasonable interpretation of the claim, the request of the claimed invention as the workout data retrieved by the network communication device of the different exercise device is used by the network communication device to control the operation of the exercise device to provide the exercise routine on for the different machine).
Claims 15, 19-20, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sultan (US Patent No. US8961371B2).
Regarding claim 15, Sultan shows a method of compiling workout information in a workout session (Sultan, “the systems and methods described herein can be used to improve workout performance. In an embodiment, the system automatically collects, stores, and retrieves a user's health and/or workout data”, col. 4, lines 9-12), the method comprising: detecting a presence of a user at a first exercise device based at least in part on the first exercise device receiving login information associated with the user (Sultan, “User identifier device 120 can be any device that can uniquely identify an individual, including, without limitation, a biosensor, a fingerprint scanner, a card reader, a phone dock, a voice recognition module, a visual portal with a login screen, a retina scanner, a facial recognition module, or the like”, col. 6, lines 35-40); creating an active workout session for the user on first local storage of the first exercise device based at least in part on detecting the presence of the user at the first exercise device (Sultan, “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140”, col. 5, line 65-col. 6, line 2 and “A user may wish to log into exercise machine 130 such that the user can load his or her own applications, generate a customized exercise routine, and/or allow the system to record and store the user's health and/or workout data”, col. 6, lines 31-35, and “Network communication device 140 includes one or more central processing units (CPU) 220, which can include a microprocessor. Network communication device 140 further includes a memory 240, such as random access memory (RAM) for temporary storage of information, a read only memory (ROM) for permanent storage of information, and a mass storage device 250, such as a hard drive, a flash drive, a memory card, a diskette, an optical media storage device, or the like”, col. 8, lines 21-29; The network communication device of the exercise machine is part of the exercise machine shows the first local storage of the claimed invention), wherein the active workout session is opened to receive exercise information for an exercise program in which the user completes a pre-determined set of exercise instructions, and wherein the pre-determined set of exercise instructions for the active workout session occur over a finite duration and across the first exercise device and a second exercise device (Sultan, “in situations in which exercise machine 130 is a lifting machine, the web-enabled user access point or other display device could speak, display text, make a noise, vibrate, and/or flash a light to indicate to the user that he or she should do a certain number of reps or that the person has completed a particular set. If an application determines that the user should exercise on a different exercise machine, this information could be displayed or verbally spoken to the user through the web-enabled user access point as well”, col. 10, lines 27-35; The detection of the completion of a particular set at the initial exercise machine of Sultan with an alert such as noise or light shows the active workout session of the claimed invention being opened to receive exercise information in which a user completes a pre-determined set of exercise instructions. The alert of Sultan to move to a different exercise machine of Sultan shows the pre-determined set of exercise instructions of the claimed invention occurring over a finite duration and across the first exercise device and the second exercise device of the claimed invention); implementing a first portion of the exercise program on the first exercise device based at least in part on detecting the presence of the user (Sultan, “User identifier device 120 is a module that can be used to uniquely identify an individual. A user may wish to log into exercise machine 130 such that the user can load his or her own applications, generate a customized exercise routine, and/or allow the system to record and store the user's health and/or workout data”, col. 6, lines 30-35); collecting, by the first exercise device, exercise information during the first portion of the exercise program; detecting the presence of the user at the second exercise device based at least in part on the second exercise device receiving the login information associated with the user (Sultan, “ the user's health and/or workout data can be collected from an exercise machine in use by the user”, col. 4, lines 65-66, and “To improve the efficiency of a user's workout, the system can execute any application or applications of the user's choosing. In an embodiment, the application or applications executed can utilize the user's health and/or workout data retrieved from the central repository to send commands to an exercise machine, instructing the machine how to perform. An application can use some or all of the available user health and/or workout data. In another embodiment, the application or applications can extract health and/or workout data collected by an exercise machine to track a user's progress”, col. 5, lines 38-47); implementing a second portion of the exercise program on the second exercise device based at least in part on detecting the presence of the user (Sultan, “the process executes the at least one selected application to generate an exercise routine for the user on the exercise machine the user is currently operating. In addition, the execution can result in the generation of command signals to control operation of the exercise machine. In some embodiments, the execution can generate a message instructing the user to exercise on a different machine and provide an exercise routine for the different machine”, col. 12, lines 48-55); and synchronizing, while implementing the second portion of the exercise program, the exercise information with the second exercise device in the active workout session, wherein synchronizing the active workout session comprises: transmitting, by the first exercise device, the exercise information to the second exercise device based at least in part on the second exercise device receiving the login information (Sultan, “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140”, col. 5, line 65-col. 6, line 2, and “Network communication device 140 can retrieve health and/or workout data collected from exercise machine 130 and transmit such data to user health information database 155 for storage. Likewise, network communication device 140 can retrieve health and/or workout data stored in user health information database 155… The at least one application retrieved from user application database 150 and health and/or workout data retrieved from user health information database 155 can be used by network communication device 140 to send command signals to exercise machine 130”, col. 6, lines 11-22, and “the execution can result in the generation of command signals to control operation of the exercise machine. In some embodiments, the execution can generate a message instructing the user to exercise on a different machine and provide an exercise routine for the different machine”, col. 12, lines 51-55; The exercise machine of Sultan delivers workout data to the different exercise machine via the command signal. The workout data retrieved by the network communication device of the different exercise device is used by the network communication device to control the operation of the exercise device to provide the exercise routine on for the different machine, thereby, in the broadest reasonable interpretation of the claim, showing the transmission of the first set of exercise information by the first exercise device to the second exercise device of the claimed invention. The different exercise machine of Sultan, as explained above, requires that the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the transmission of the first set of exercise information to be based in part on the different machine receiving identification information of the specific user); updating the exercise information during the second portion of the exercise program by adding, to the exercise information, additional exercise information collected by the second exercise device for the second portion of the exercise program (“At block 670, the process receives health and/or workout data from exercise machine 130 generated by the user's exercising. As described herein, received health and/or workout data can include, without limitation, the number of reps done, the number of sets completed, the time taken between reps, the time taken between sets, the amount of weight lifted, distance run, speed, number of calories burned, heart rate, wattage produced, exercise equipment used, which exercise equipment is used the most, which exercise equipment is used the least, the time of day the workout took place, the time of the year the workout took place, preexisting conditions, prior injuries, muscle gained, fat lost, or the like”, col. 12, line 60- col. 3, lines 1-4; The health and/or workout data of Sultan being stored, specifically, the various types of data such as the amount of weight lifted and the distance run, according to which exercise equipment was used shows health and/or workout data of the different exercise machine of Sultan being added to the health and/or workout data of the exercise machine of Sultan, thereby showing the addition of the second set of exercise information of the claimed invention being added to the first set of exercise information); completing the active workout session when the second portion of the exercise program is complete (Sultan, see FIG. 6 block 650 above; The exercise routine provided for the different exercise machine ends once the transmission of the health and/or workout data to the user health database); and uploading the completed active workout session including the exercise information and the additional exercise information from a second local storage of the second exercise device to a remote server (Sultan, “FIG. 6 is a flowchart illustrating a process for loading and executing at least one application in network communication device 140 or user communication device 420… At block 680, the process transmits the received health and/or workout data to user health information database 155. The process can automatically enter the data into the correct field based on a key or code generated from the user identification data, or based on the user identification data itself. At block 690 the process ends.”, col. 13, lines 5-10, “A user at the first network device could complete his or her workout and the process could transmit the workout information and any exercise machine command signals to the host server”, col. 14, lines 44-47, and “Exercise machine 130 can communicate with network 110 through network communication device 140, which can be embodied as a computer system. In an embodiment, exercise machine 130 is physically attached to network communication device 140, either directly or indirectly via an intermediary module”, col. 5 line 65- col. 6, line 3, and “databases can be housed in a server apparatus”, col. 6, lines 59-61; The received health and/or workout data being transmitted and entered into the health information database of Sultan shows the upload of the completed active workout session as the process cited above involves the execution of at least one application which corresponds to a workout routine. Moreover, in this process, users are recommended to proceed to a different machine and ends once the health and/or workout data is transmitted to the user health information database. The network communication device that corresponds to the different exercise device of Sultan shows the second local storage of the claimed invention. The health information database of Sultan shows the remote server of the claimed invention).
Regarding claim 19, Sultan shows the method of claim 15, wherein synchronizing the exercise information with the second exercise device occurs after receiving the login information at the second exercise device (Sultan; As explained in claim 15 above, in order for different machine to receive workout data based on the exercise routine corresponding to a specific user, the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the detection of the presence of the user at the second exercise device of the claimed invention based on the login information received at the second exercise device. Also explained in claim 15 above, once the user exercises with the different exercise machine of Sultan, that different exercise machine is considered exercise machine 130, or the current exercise machine. Therefore, the health and/or workout data of the different exercise machine is collected and sent to the user health information database for the specific user).
Regarding claim 20, Sultan shows the method of claim 1, wherein the first exercise device is different from the second exercise device (Sultan, “At block 650, the process executes the at least one selected application to generate an exercise routine for the user on the exercise machine the user is currently operating. In addition, the execution can result in the generation of command signals to control operation of the exercise machine. In some embodiments, the execution can generate a message instructing the user to exercise on a different machine and provide an exercise routine for the different machine”).
Regarding claim 23, Sultan shows the method of claim 19, wherein synchronizing the exercise information further comprises: requesting, by the second exercise device and based at least in part on the second exercise device receiving the login information, the exercise information from the first exercise device, wherein the exercise information is transmitted, by the first exercise device, in response to the requesting (Sultan; As explained above in claim 15, the exercise machine of Sultan delivers workout data to the different exercise machine via the command signal. The different exercise machine of Sultan, as explained above, requires that the user identifier module must receive user identification data from the user identifier device directly or indirectly through the different exercise machine, thereby showing the transmission of the first set of exercise information to be based in part on the different machine receiving identification information of the specific user. The user identifier device being processed by the user identifier module in order for the exercise routine to be provided on the different machine shows, in the broadest reasonable interpretation of the claim, the request of the claimed invention as the workout data retrieved by the network communication device of the different exercise device is used by the network communication device to control the operation of the exercise device to provide the exercise routine on for the different machine).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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. The examiner relies on Sultan (US8961371B2) to reject independent claim 1, and its dependent claims, along with independent claims 8 and 15, and each of their respective dependent claims.
Conclusion
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 J NICOLE LOBERIZA whose telephone number is (571)272-4741. The examiner can normally be reached 8am - 5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at 571-272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JACQUELINE N L LOBERIZA/Examiner, Art Unit 3784
/LOAN B JIMENEZ/Supervisory Patent Examiner, Art Unit 3784
Prosecution Insights