DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
The objection to the drawings has been maintained, as presented below.
The objection to the Specification has been withdrawn in light of the amendments to the Specification, filed 02/20/26.
The objections to claims 1-2, 6, 8, 18, and 20 are withdrawn in light of the amendments to the claims, filed 02/20/26. However, the objection to claim 17 has been maintained, as presented in detail below. Additionally, a new objection to claim 7 has been presented in light of the amendments to the claim.
The rejections under 35 U.S.C. 112(a) have been withdrawn or are moot in light of the amendments to the claims, filed 02/20/26. However, a new rejection under 35 U.S.C. 112(a) has been presented in light of the amendments, as discussed in detail below.
The rejections under 35 U.S.C. 112(b) have been withdrawn or are moot in light of the amendments to the claims, filed 02/20/26. However, a new rejection under 35 U.S.C. 112(b) has been presented in light of the amendments, as discussed in detail below.
Applicant’s arguments with respect to the rejections of claims 1-8 under 35 U.S.C. 103 have been fully considered. However, the rejections of claims 1-8 under 35 U.S.C. 103 have been superseded in light of the new ground of rejection under 35 U.S.C. 112(a), presented below.
Applicant argues that the cited prior art fails to teach the amended limitations of “generate, by the external eyewear device, an alternative route for the current workout routine; and display, by the external eyewear device, the alternative route for the current workout routine and topographical data related to the current workout routine” (Remarks, filed 02/20/26, pp. 9-10). However, Examiner notes that claim 1 does not recite an “alternative route”, but rather an “alternative routine”, presumably such as a different routine than that of the current workout routine, wherein generating and displaying an alternative routine by the external eyewear device lacks support in the Specification and thereby constitutes new matter, as discussed in detail below.
Applicant’s arguments with respect to the rejections of claims 16-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Leppänen et al. (U.S. Pub. 2016/0096075 A1), as presented in detail below.
Drawings
The drawings are objected to because Fig. 5 is blurry/illegible.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 7 and 17 are objected to because of the following informalities:
“measures athletic performance data corresponding to the performance of the current workout routine” recited in claim 7, ln. 2-3 should likely read “measures the athletic performance data corresponding to [[the ]]performance of the current workout routine”; and
“wherein the apparatus is a mobile termina comprising” recited in claim 17, ln. 1-2 should likely read “wherein the apparatus is a mobile terminal comprising”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the Specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites in part “generate, by the external eyewear device, an alternative workout routine for the user; and display, by the external eyewear device, the alternative workout routine”. However, the Specification does not disclose wherein the external eyewear device generates and displays an alternative workout routine (see Specification, [0041], which only discusses generating an alternative route).
Claims 2-8 are rejected by virtue of their dependencies on claim 1.
No prior art is currently provided for claims 1-8 in light of the rejection of claims 1-8 under 35 U.S.C. 112(a) presented above.
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 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 16 recites in part “generate, by the external eyewear device, an alternative route for the current workout routine”. However, there is insufficient antecedent basis for the limitation “an alternative route” in the claim, and it is indefinite as to what the route is alternative to.
A suggested amendment is as follows: “receive, from a first sensor, athletic performance data corresponding to a current route of a current workout routine by the user” (ln. 12-13).
Claims 17-20 are rejected by virtue of their dependencies on claim 16.
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 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 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 workout routine by the user (Fig. 1A; [0030]; [0038]; [0060-0061]; [0074]; [0129-0130], wherein one or more sensors are configured to sense, detect, and/or measure athletic movement of the user and communicate the sensed data with the computer); 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, Aragones further discloses wherein a workout session/exercise may comprise the athletic activity of a run ([0081]; [0095]; [0126]). 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. However, Leppänen, directed to an apparatus (e.g., wearable apparatus) for indicating information relating to an exercise plan to a user ([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). 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, 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 termina 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; [0074]; [0089-0092]; [0129-0130], wherein the computer may create the user representation (e.g., a new user avatar as the user performs an exercise for simultaneous display with the virtual shadow) based on some or all of the sensor data (e.g., data received from sensors 138, 140, 142, and 144)); and,
display the first virtual shadow, the first user avatar, and the 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 the user avatar as the user performs an exercise simultaneously with the virtual shadow of the user’s past exercise session (e.g., exercise program)).
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, Aragones further discloses displaying the athletic performance data corresponding to the current workout routine by the user (Fig. 12; [0093], wherein performance data of a current workout may be displayed and may include speed, quickness, power, dimensions (e.g., distance stepped or dipped, height jumped, rotation of hips or shoulders), reaction time, agility, flexibility, acceleration, heart rate, temperature, blood oxygen content, or other metrics).
Aragones further discloses one or more output devices for displaying the data (Figs. 1A & 12; [0030]; [0093], e.g., display 136). However, Aragones may not further explicitly disclose an external eyewear device for displaying the athletic performance data corresponding to a current workout routine by the user. Nevertheless, Chen teaches the use of 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 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. 2015/0081210 A1 – This reference teaches accessing location information indicating a current location of a user, visually displaying a route on a device, and providing alternative routes (e.g., due to hazards/obstructions).
U.S. Pub. 2012/0190504 A1 – This reference teaches displaying a route to a user using a head mounted display.
U.S. Pub. 2006/0136173 A1 – This reference teaches an athletic performance monitoring system, comprising a head mounted display device, which provides route information to athletes, and further, uses topographical information to determine overall route information.
WO 2012/021507 A2 – This reference teaches the measurement, collection, and display of athletic and non-athletic information, wherein said information includes route information (e.g., route information displayed against a map to allow a user to view various information and statistics about a run).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA N BRANDLEY whose telephone number is (571)272-4280. The examiner can normally be reached M-F: 8:30am-5:00pm.
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/ALYSSA N BRANDLEY/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715