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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/13/26 has been entered.
Response to Arguments
The previous objection to the drawings has been withdrawn in light of the amended drawings (Fig. 5), filed 06/11/26.
The previous objections to claims 7 and 17 have been withdrawn in light of the amendments to the claims, filed 06/11/26.
The previous rejection of claims 1-8 under 35 U.S.C. 112(a) has been withdrawn in light of the amendments to the claims, filed 06/11/26.
The previous rejection of claims 16-20 under 35 U.S.C. 112(b) has been withdrawn in light of the amendments to the claims, filed 06/11/26. However, new rejection(s) under 35 U.S.C. 112(b) have been presented based on the amendments to the claims, as presented in detail below.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 103 have been fully considered but are not persuasive.
Applicant argues that the cited prior art fails to disclose or teach the amended limitation of claims 1 and 16 reciting “display, by the external eyewear device…the athletic performance data corresponding to the current route of the workout routine by the user” (Remarks, filed 06/11/26, pp. 9-10). Examiner respectfully disagrees. That is, Leppänen teaches, in part, where the apparatus (i.e., eyeglasses) displays athletic performance data corresponding to the current route of the workout routine, such as distance (Fig. 7E; [0085]).
Accordingly, claims 16-20 remain rejected under 35 U.S.C. 103. Additionally, amended claims 1-8 are also rejected under 35 U.S.C. 103, as presented in detail below.
Claim Objections
Claim 16 is objected to because of the following informalities: “a current route of current workout routine” recited in claim 16, ln. 12-13 should likely read “a current route of a current workout routine”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-8 and 16-20 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 “a current route of a workout routine”. It is indefinite as to what makes the route “current”, and the Specification does not offer further guidance (i.e., a route the user is presently following, a route that is selected for the workout routine, a route generated based on the user’s current location?).
Claim 16 is rejected for the same reasoning.
Dependent claims 2-8 and 17-20 are rejected by virtue of their dependencies on claims 1 and 16, respectively.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 7 and 20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 7 recites “The apparatus of claim 1, wherein the first set of sensors measures the athletic performance data corresponding to performance of the current workout routine.” However, claim 1, from which claim 7 depends, recites in relevant part “receive, from a first set of sensors associated with the computing device, athletic performance data corresponding to a current route of a workout routine by the user”. The subject “the athletic performance data” corresponds to the current route of the current workout routine, wherein claim 1 previously recites the first set of sensors measuring said data, as just shown above. Accordingly, claim 7 fails to specify a further limitation of the subject matter claimed by claim 1.
Claim 20 recites “The apparatus of claim 16, wherein the external eyewear device further displays the athletic performance data corresponding to the current workout routine by the user.” However, amended claim 16, from which claim 20 depends, recites in relevant part “display, by the external eyewear device, […] the athletic performance data corresponding to the current route of the workout routine by the user”, where claim 16 recites that the subject “the athletic performance data” corresponds to a current route of current workout routine by the user (claim 16, ln. 12-13). Accordingly, claim 20 fails to specify a further limitation of the subject matter claimed by claim 16.
Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
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.
Claims 1-8 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Aragones et al. (U.S. Pub. 2012/0183940 A1) (hereinafter “Aragones”) in view of Aragones et al. (U.S. 9,223,936 B2) (hereinafter “Chen”) and Leppänen et al. (U.S. Pub. 2016/0096075 A1) (hereinafter “Leppänen”).
Regarding claim 1, Aragones discloses an apparatus (Fig. 1B; [0007], “Example embodiments may relate to a system, method, apparatus, and computer readable media configured for monitoring a user performing an exercise and generating a representation of a user and a virtual shadow.”) comprising:
a computing device comprising one or more processors (Fig. 1B; [0010]; [0029], wherein computer includes a computing unit comprising at least one processor unit); and
a memory storing instructions that, when executed by the one or more processors, cause the device to (Fig. 1B; [0010]; [0029-0030], wherein the processor unit and memory storing instructions to be accessed by the computer may be connected):
receive athletic performance data corresponding to a first workout performance by a user (Fig. 1B; [0030-0031]; [0036]; [0038], wherein the processor unit and memory may be connected to one or more input devices, which may comprise one or more sensors configured to sense, detect, and/or measure athletic movement from a user);
generate, based at least in part on the received athletic performance data, a first virtual shadow representing the first workout performance by the user (Figs. 11-15; [0089-0091]; [0095], wherein the computer monitors a user performing an exercise, and based on the collected data, may create a user representation (e.g., a virtual shadow 1102 based the completed exercise session/past performance in one or more activities));
receive, from a first set of sensors associated with the device, athletic performance data corresponding to a current route of a workout routine by the user, wherein the first set of sensors is placed at one or more locations on the user ([0038]; [0081]; [0095], where the user may run a predetermined distance (athletic performance data) as measured by a sensor attached to the user or GPS device);
generate, by the apparatus, a first user avatar based on the athletic performance data corresponding to the current route of the workout routine by the user (Figs. 11-12; [0074]; [0081]; [0089-0092]; [0095]; [0129-0130], wherein the computer may create the user representation (e.g., a new user avatar as the user performs an exercise) based on some or all of the sensor data (e.g., data received from sensors 138, 140, 142, and 144 (i.e., accelerometer, GPS, etc.))); and,
display the first virtual shadow and first user avatar (Figs. 1A & 11-12; [0030]; [0089-0092]; [0095], wherein the computer is connected to one or more output devices (e.g., a monitor display, television, etc.) configured to display exercise program(s) and the user avatar as the user performs an exercise simultaneously with the virtual shadow of the user’s past exercise session (i.e., such that the user may compete against themselves)).
Aragones may not explicitly disclose storing the generated first virtual shadow. However, Aragones further discloses wherein the computer may store a user avatar for later use in the generation of a virtual shadow based on the user avatar from a selected completed earlier exercise session ([0091]; [0095]; see further [0087], wherein the virtual shadow may be used for demonstrating proper form and/or presenting previously recorded performance of an exercise). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to store the corresponding virtual shadow of the stored avatar with the stored avatar for use in a later session (e.g., to represent an ideal form for the user or past performance of the exercise) (see Aragones, [0095], wherein a user avatar may be generated or stored while the user performs an exercise, and where the avatar may be displayed with its own shadow which represents an ideal form).
Aragones further discloses sending for display by the one or more output devices the stored generated first virtual shadow and the athletic performance data corresponding to the current route of the workout routine by the user (Figs. 1A & 11-12; [0030]; [0038]; [0081]; [0089-0092]; [0095]; [0130]). However, Aragones may not further explicitly disclose the computing device further configured to send, to an external eyewear device, the stored generated first virtual shadow and the athletic performance data corresponding to the current route of the workout routine by the user (i.e., distance, as captured by a sensor attached to the user or GPS), and displaying the first virtual shadow and first user avatar by the external eyewear device. However, Chen, directed to detecting and/or measuring athletic movements of a user (Col. 4, ln. 1-33; Col. 10, ln. 12-23), teaches wherein a computing device is connected to one or more output devices, such as one or more display devices incorporated into eyewear, to provide feedback to users (e.g., a comparison representation of the user’s performance) (Figs. 1A-1B; Col. 3, ln. 44-67; Col. 4, ln. 35-Col. 5, ln. 5; Col. 15, ln. 34-57; Col. 16, ln. 5-29; Col. 19, ln. 8-31; Col. 22, ln. 58-67). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the one or more output devices in Aragones with an external eyewear device, as taught by Chen, as an alternative output device for receiving and displaying the feedback data (e.g., the comparison of the first user avatar representative of the athletic performance data corresponding to a current route of a workout routine of the user to the generated first virtual shadow) and/or to provide a portable display system (Chen, Fig. 1A; Col. 4, ln. 34-Col. 5, ln. 5, wherein the one or more display devices, such as display 136, may be incorporated into eyewear to provide feedback to users, wherein eyewear incorporating one or more display devices may provide for a portable display system).
Additionally, as indicated above, Aragones discloses wherein a workout session/exercise may comprise the athletic activity of a run ([0081]; [0095]; [0126], where distance may be measured by a sensor attached to the user or GPS device). However, Aragones may not explicitly further disclose generating, by an external eyewear device, an alternative route of the current workout routine; and displaying, by the external eyewear device, the alternative route for the current workout routine and topographical data related to the current workout routine and the athletic performance data corresponding to the current route of the workout routine by the user. However, Leppänen, directed to an apparatus (e.g., wearable apparatus) for indicating information relating to an exercise plan to a user as well as information related to the exercise during performance ([0062]), teaches these limitations (Figs. 4A-4B & 7A-7F; [0029]; [0048]; [0050-0051]; [0055]; [0060]; [0062-0064]; [0073]; [0086-0087], wherein a head-mounted apparatus (e.g., comprising a see through or near eye display) determines and displays current location information of the user as well as an alternative route segment which is identified and displayed to the user for selection, if desired; [0085], where the apparatus 752, comprising any type of display such as a display similar as described regarding Figs. 3 & 4A-4B and/or the like (i.e., eyeglasses), further displays athletic performance data, including distance (see Fig. 7E)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the one or more output devices in Aragones with an external eyewear device, and to generate and display an alternative route for the current workout routine and topographical data related to the current workout routine and the athletic performance data corresponding to the current route of the workout routine by the user, as taught by Leppänen, as an alternative output device for receiving and displaying exercise data to the user and/or to provide a portable display system, as well as to provide a more challenging workout, for example (Leppänen, [0086-0087], wherein the alternative exercise route segment may have a different difficulty level).
Regarding claim 2, Aragones further discloses wherein the instructions, when executed by the one or more processors, cause the apparatus to: compare the first virtual shadow with the first user avatar; generate, by the computing device, results of the compared first virtual shadow with the first user avatar; and send for display the generated results of the compared first virtual shadow and first user avatar (Figs. 1A, 11, & 15; [0030]; [0090-0093]; [0108]; [0118-0119], wherein the user avatar is compared to the virtual shadow and results of the comparison (e.g., of the current performance (user avatar) relative to the virtual shadow) are generated and displayed (e.g., as depicted in Fig. 11, #1104 and/or as depicted in Fig. 15, wherein one or more body parts identified as having insufficient overlap with a virtual shadow may be determined and displayed in a magnified inset view and/or highlighted for emphasis to the user), and/or where further, a feedback score based on the amount of overlap of the user avatar and the virtual shadow is determined and displayed to the user (e.g., via social network or website)).
Aragones may not explicitly disclose sending for display the generated results of the compared first virtual shadow and first user avatar to the eyewear device. However, Chen teaches wherein the computing device is connected to one or more output devices, such as one or more display devices incorporated into eyewear, to provide feedback to users (Figs. 1A-1B; Col. 3, ln. 44-67; Col. 4, ln. 35-Col. 5, ln. 5; Col. 15, ln. 34-57; Col. 16, ln. 5-29; Col. 19, ln. 8-31; Col. 22, ln. 58-67). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the one or more output devices for displaying the data in Aragones with an external eyewear device, as taught by Chen, as an alternative output device for receiving for display the generated results and/or to provide a portable display system (Chen, Fig. 1A; Col. 4, ln. 34-Col. 5, ln. 5, wherein the one or more display devices, such as display 136, may be incorporated into eyewear to provide feedback to users, wherein eyewear incorporating one or more display devices may provide for a portable display system).
Regarding claim 3, Aragones further discloses wherein displaying an indication of a level of progress towards a goal of the user ([0091], wherein the comparison of the virtual shadow to the user avatar permits a user to view their improvement (progress) over time, wherein the goal of self-competition is improvement over time). As noted above, Chen, directed to detecting and/or measuring athletic movements of a user (Col. 4, ln. 1-33; Col. 10, ln. 12-23), teaches wherein a computing device is connected to one or more output devices, such as one or more display devices incorporated into eyewear, to provide feedback to users (e.g., a comparison representation of the user’s performance) (Figs. 1A-1B; Col. 3, ln. 44-67; Col. 4, ln. 35-Col. 5, ln. 5; Col. 15, ln. 34-57; Col. 16, ln. 5-29; Col. 19, ln. 8-31; Col. 22, ln. 58-67). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the one or more output devices in Aragones with an external eyewear device, as taught by Chen, as an alternative output device for receiving and displaying the feedback data (e.g., the indication of the level of progress towards a goal of the user) and/or to provide a portable display system (Chen, Fig. 1A; Col. 4, ln. 34-Col. 5, ln. 5, wherein the one or more display devices, such as display 136, may be incorporated into eyewear to provide feedback to users, wherein eyewear incorporating one or more display devices may provide for a portable display system).
Regarding claim 4, Aragones further discloses wherein the first set of sensors are placed on at least one of the user’s hands and at least one of the user’s feet (Figs. 1A, 2A-2B, & 4; [0030-0031]; [0038]; [0041-0043]; [0060]; [0081]; [0085], wherein the one or more sensors may be placed at any desired location on the body of the user (e.g., such as those locations denoted in Fig. 4) and/or in footwear, for example, worn on the user’s feet, wherein the sensor data may be utilized to determine if the user has placed the proper body part (e.g., hand, foot, or other part of their body) in the desired position and/or to gather additional data (e.g., a distance ran)).
Regarding claim 5, Aragones further discloses wherein the instructions, when executed by the one or more processors, cause the apparatus to: display a location of the avatar ([0095]).
Regarding claim 6, Aragones further discloses wherein the instructions, when executed by the one or more processors, cause the apparatus to: receive athletic performance data corresponding to a second workout performance by a user (Fig. 18, #1810; [0128]; [0132], wherein performance data may be obtained from monitoring a second user during a workout session);
generate, based at least in part on the received athletic performance data corresponding to the second workout performance, a second virtual shadow representing the second workout performance by the user (Fig. 18, #1810; [0128]; [0132], generate a second virtual shadow based on the received second user data); and
display the second virtual shadow (Fig. 18; #1812; [0133], wherein the second virtual shadow is displayed).
Aragones may not explicitly disclose storing the generated second virtual shadow. However, Aragones further discloses wherein the computer may store a user avatar for later use in the generation of a virtual shadow based on the user avatar from a selected completed earlier exercise session ([0091]; [0095]; [0132]; see further [0087], wherein the virtual shadow may be used for demonstrating proper form and/or presenting previously recorded performance of an exercise). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to store the corresponding virtual shadow of the stored avatar with the stored avatar for use in a later session (e.g., to represent an ideal form for the user or past performance of the exercise) (see Aragones, [0095], wherein a user avatar may be generated or stored while the user performs an exercise, and where the avatar may be displayed with its own shadow which represents an ideal form).
Aragones further discloses sending for display by the one or more output devices/display device the stored generated second virtual shadow (Figs. 1A & 18; [0030]; [0095]; [0133]). However, Aragones may not further explicitly disclose sending the stored generated second virtual shadow to an external eyewear device, and displaying the second virtual shadow by the external eyewear device. However, Chen teaches wherein the computing device is connected to one or more output devices, such as one or more display devices incorporated into eyewear (Figs. 1A-1B; Col. 3, ln. 44-67; Col. 4, ln. 35-Col. 5, ln. 5; Col. 15, ln. 34-57; Col. 16, ln. 5-29; Col. 19, ln. 8-31; Col. 22, ln. 58-67). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the one or more output devices/display device in Aragones with an external eyewear device, as taught by Chen, as an alternative output device for receiving and displaying the data and/or to provide a portable display system (Chen, Fig. 1A; Col. 4, ln. 34-Col. 5, ln. 5, wherein the one or more display devices, such as display 136, may be incorporated into eyewear to provide feedback to users, wherein eyewear incorporating one or more display devices may provide for a portable display system).
Regarding claim 7, claim 7 is rejected for the same reasonings presented in claim 1 above.
Regarding claim 8, Aragones further discloses wherein the computing device is a mobile terminal comprising at least one of: a telephone, a music player, or a portable device (Fig. 1B; [0028], wherein computer 102 may comprise a mobile terminal, such as a telephone, a music player, tablet, netbook, or any portable device).
Regarding claim 16, Aragones discloses an apparatus (Fig. 1B; [0029]) comprising:
one or more processors (Fig. 1B; [0029], wherein computer includes a computing unit comprising at least one processor unit); and
memory storing instructions that, when executed by the one or more processors, cause the apparatus to (Fig. 1B; [0010]; [0029-0030], wherein the processor unit and memory storing instructions to be accessed by the computer may be connected):
receive athletic performance data corresponding to a first workout performance by a user (Fig. 1B; [0030-0031]; [0036]; [0038], wherein the processor unit and memory may be connected to one or more input devices, which may comprise one or more sensors configured to sense, detect, and/or measure athletic movement from a user);
generate, based at least in part on the received athletic performance data, a first virtual shadow representing the first workout performance by the user (Figs. 11-15; [0089-0091]; [0095], wherein the computer monitors a user performing an exercise, and based on the collected data, may create a user representation (e.g., a virtual shadow 1102 based the completed exercise session/past performance in one or more activities));
determine, based at least in part on the received athletic performance data, a first recommended exercise program for the user ([0047], wherein the received athletic data is used to determine an exercise program to present to the user);
receive, from a first sensor, athletic performance data corresponding to a current route of current workout routine by the user ([0038]; [0081]; [0095], where the user may run a predetermined distance (athletic performance data) as measured by a sensor attached to the user or GPS device); and
display the first virtual shadow and first recommended exercise program (Figs. 1A & 11-12; [0030]; [0047]; [0089-0092], wherein the computer is connected to one or more output devices (e.g., a monitor display, television, etc.) configured to display exercise program(s) and a virtual shadow of the user’s past exercise session (e.g., an exercise program)).
Aragones may not explicitly disclose storing the generated first virtual shadow. However, Aragones further discloses wherein the computer may store a user avatar for later use in the generation of a virtual shadow based on the user avatar from a selected completed earlier exercise session ([0091]; [0095]; see further [0087], wherein the virtual shadow may be used for demonstrating proper form and/or presenting previously recorded performance of an exercise). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to store the corresponding virtual shadow of the stored avatar with the stored avatar for use in a later session (e.g., to represent an ideal form for the user or past performance of the exercise) (see Aragones, [0095], wherein a user avatar may be generated or stored while the user performs an exercise, and where the avatar may be displayed with its own shadow which represents an ideal form).
Aragones further discloses sending for display by the one or more output devices the first virtual shadow and the determined exercise programs (Figs. 1A & 11-12; [0030]; [0047]; [0089-0092]). However, Aragones may not further explicitly disclose the apparatus (computing device) further configured to send, to an external eyewear device, the stored generated first virtual shadow and the first recommended exercise program, and displaying the first virtual shadow and first recommended exercise program by the external eyewear device. However, Chen, directed to detecting and/or measuring athletic movements of a user (Col. 4, ln. 1-33; Col. 10, ln. 12-23), teaches wherein a computing device is connected to one or more output devices, such as one or more display devices incorporated into eyewear, to provide data/feedback to users (Figs. 1A-1B; Col. 3, ln. 44-67; Col. 4, ln. 35-Col. 5, ln. 5; Col. 15, ln. 34-57; Col. 16, ln. 5-29; Col. 19, ln. 8-31; Col. 22, ln. 58-67). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the one or more output devices in Aragones with an external eyewear device, as taught by Chen, as an alternative output device for receiving and displaying the data and/or to provide a portable display system (Chen, Fig. 1A; Col. 4, ln. 34-Col. 5, ln. 5, wherein the one or more display devices, such as display 136, may be incorporated into eyewear to provide feedback to users, wherein eyewear incorporating one or more display devices may provide for a portable display system).
Additionally, as indicated above, Aragones discloses wherein a workout session/exercise may comprise the athletic activity of a run ([0081]; [0095]; [0126], where distance may be measured by a sensor attached to the user or GPS device). However, Aragones may not explicitly further disclose generating, by an external eyewear device, an alternative route for the current workout routine; and displaying, by the external eyewear device, the alternative route for the current workout routine and topographical data related to the current workout routine and the athletic performance data corresponding to the current route of the workout routine by the user. However, Leppänen, directed to an apparatus (e.g., wearable apparatus) for indicating information relating to an exercise plan to a user as well as information related to the exercise during performance ([0062]), teaches these limitations (Figs. 4A-4B & 7A-7F; [0029]; [0048]; [0050-0051]; [0055]; [0060]; [0062-0064]; [0073]; [0086-0087], wherein a head-mounted apparatus (e.g., comprising a see through or near eye display) determines and displays current location information of the user as well as an alternative route segment which is identified and displayed to the user for selection, if desired; [0085], where the apparatus 752, comprising any type of display such as a display similar as described regarding Figs. 3 & 4A-4B and/or the like (i.e., eyeglasses), further displays athletic performance data, including distance (see Fig. 7E)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the one or more output devices in Aragones with an external eyewear device, and to generate and display an alternative route for the current workout routine and topographical data related to the current workout routine and the athletic performance data corresponding to the current route of the workout routine by the user, as taught by Leppänen, as an alternative output device for receiving and displaying exercise data to the user and/or to provide a portable display system, as well as to provide a more challenging workout, for example (Leppänen, [0086-0087], wherein the alternative exercise route segment may have a different difficulty level).
Regarding claim 17, Aragones further discloses wherein the apparatus is a mobile terminal comprising at least one of: a telephone, a music player, or a portable device (Fig. 1B; [0028], wherein computer 102 may comprise a mobile terminal, such as a telephone, a music player, tablet, netbook, or any portable device).
Regarding claim 18, Aragones further discloses wherein the instructions, when executed by the one or more processors, cause the apparatus to: generate, by the apparatus, a first user avatar based on the athletic performance data corresponding to the current workout routine by the user (Figs. 11-12; [0038]; [0074]; [0081]; [0089-0092]; [0095]; [0129-0130], wherein the computer may create the user representation (e.g., a new user avatar as the user performs an exercise) based on some or all of the sensor data (e.g., data received from sensors 138, 140, 142, and 144 (i.e., accelerometer, GPS, etc.))); and,
display the first virtual shadow, the first user avatar, and the first recommended exercise program (Figs. 1A & 11-12; [0030]; [0047]; [0089-0092]; [0095], wherein the computer is connected to one or more output devices (e.g., a monitor display, television, etc.) configured to display exercise program(s) and the user avatar as the user performs an exercise simultaneously with the virtual shadow of the user’s past exercise session (i.e., such that the user may compete against themselves)).
Aragones may not further explicitly disclose the external eyewear device for displaying the first virtual shadow, the first user avatar, and the first recommended exercise program. However, Chen teaches wherein the computing device is connected to one or more output devices, such as one or more display devices incorporated into eyewear, to provide data to users (e.g., a comparison representation of the user’s performance) (Figs. 1A-1B; Col. 3, ln. 44-67; Col. 4, ln. 35-Col. 5, ln. 5; Col. 15, ln. 34-57; Col. 16, ln. 5-29; Col. 19, ln. 8-31; Col. 22, ln. 58-67). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the one or more output devices in Aragones with an external eyewear device, as taught by Chen, as an alternative output device for displaying the data and/or to provide a portable display system (Chen, Fig. 1A; Col. 4, ln. 34-Col. 5, ln. 5, wherein the one or more display devices, such as display 136, may be incorporated into eyewear to provide feedback to users, wherein eyewear incorporating one or more display devices may provide for a portable display system).
Regarding claim 19, Aragones further discloses wherein the athletic performance data of the first workout performance includes at least one of: speed, distance, steps taken, or energy expenditure ([0051]; [0093], wherein the detected performance data may include speed, distance, steps taken, and energy expenditure).
Regarding claim 20, claim 20 is rejected for the same reasonings presented in claim 16 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. 2012/0081531 A1 – This reference teaches where a head-up glasses display displays a specified route, which is updated based on the athlete’s sensed position, and where the athlete’s performance is monitored in real time and displayed (i.e., the athlete’s speed is displayed next to the ideal speed along the route, and visual indications are provided when the athlete’s performance meets or deviates from the desired criteria).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA N BIANCAMANO whose telephone number is (571)272-4280. The examiner can normally be reached M-F: 8:30am-5:00pm.
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/ALYSSA N BIANCAMANO/Examiner, Art Unit 3715
