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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over French et al. (U.S. Publication Number 2003/0077556) in view of Dotan-Cohen et al. (U.S. Publication Number 2019/0205839).
Referring to claim 1, French et al. discloses a profile database that stores profile data associated with a user (paragraph 0422 & 0425); and one or more movement tracking systems that collect movement information of the user over time at more than one venue and store the collected movement information in the profile database (Fig. 20), and a performance system server that is communicatively couple to the one or more movement tracking systems, analyzes the movement information, provides a physical assessment of the user over time, and stores the physical assessment in the profile database (paragraphs 345, 402, 405, 325, 55, 36, 280, 46 & 52) wherein the one or more movement tracking systems tracks the movement of the user in a virtual space that corresponds to a physical space and includes a portal for accessing the profile data and each of the more than one venue corresponds to a different physical space (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406). French et al. does not disclose the more than one venue includes a clinic, a gym, a fitness center, and includes a home or a location of the user, the home or the location of the user includes the one or more movement tracking systems with the portal, and the portal accesses the collected movement information from the movement tracking system at the clinic, the gym, or the fitness center, or accesses the assessment from the performance system server. However, Dotan-Cohen et al. teaches the more than one venue includes a clinic, a gym, a fitness center, and includes a home or a location of the user, the home or the location of the user includes the one or more movement tracking systems with the portal, and the portal accesses the collected movement information from the movement tracking system at the clinic, the gym, or the fitness center, or accesses the assessment from the performance system server (paragraphs 0023, 0029, 0045, 0050, 0062 & 0071). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include the more than one venue includes a clinic, a gym, a fitness center, and includes a home or a location of the user, the home or the location of the user includes the one or more movement tracking systems with the portal, and the portal accesses the collected movement information from the movement tracking system at the clinic, the gym, or the fitness center, or accesses the assessment from the performance system server, as disclosed by Dotan-Cohen et al., incorporated into French et al. in order to associate a location with the activity.
Referring to claim 2, French et al. discloses wherein the performance system server provides a unified platform for analytics to quantitatively evaluate performance of the user across different activities at the one or more venues (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Referring to claim 3, French et al. discloses wherein the profile data associated with the user comprises biographic data, sports and fitness medical history, treatment history, exercise history, analytical data, membership information, or association information (Fig. 20 & paragraphs 0422, 0425).
Referring to claim 4, French et al. discloses further comprising a clinical tracking server at the one or more venues if the one or more venues is a rehabilitation clinic, or alternatively the clinical tracking server is integrated into the performance system server, wherein the clinical tracking server provides, through the performance system server, the portal for the one or more movement tracking systems, exchanges data with the performance system server, and acts to integrate the one or more movement tracking systems into a clinical network that contains clinic specific data used by the portal such as billing information, medical history, insurance, or other clinic specific data (Fig. 20).
Referring to claim 5, French et al. discloses further comprising a gym tracking server at the one or more venues if the one or more venues is a gym or a fitness center, or alternatively the gym tracking server is integrated into the performance system server, wherein the gym tracking server provides, through the performance system server, the portal for the one or more movement tracking systems, exchanges data with the performance system server, and acts to integrate the one or more movement tracking systems into a gym membership network to facilitate linking a membership to the gym or the fitness center to a profile for the user maintained by the performance system server (Fig. 20).
Referring to claim 6, French et al. discloses wherein if the one or more venues is a home or a location of the user, the home or the location of the user includes the one or more movement tracking systems with the portal provided by the performance system server, and wherein the portal from the home or the location of the user provides an interface to access content available to any of the portal connected the one or more movement tracking systems, associated with the user, at the one or more venues such as gym-specific content or clinically specific content (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Referring to claim 7, French et al. discloses wherein the portal is configured to provide a means to adjust amount of private information available and communicate with other portals such as portals of a trainer or a clinician (Fig. 20).
Referring to claim 8, French et al. discloses wherein the portal provides an interface for account creation, logging in, selectively displaying the profile data, selecting one or more fitness programs, displaying details for the selected fitness programs, customizing the selected fitness programs, displaying a completion screen showing details of various metrics from completed fitness programs, displaying a summary screen with analysis and statistics, enrolling the user with a provider of a clinic, display data associated with the clinic, and providing audio visual communication with a trainer or a clinician (Fig. 20).
Referring to claim 9, French et al. discloses wherein the system is a cloud-based system and the physical assessment from the one or more venues is stored in the profile database in the cloud-based system (Fig. 20).
Referring to claim 10, French et al. discloses storing, in a profile database of a system, profile data associated with a user; communicatively coupling, by a performance system of the system, with one or more movement tacking systems that tracks movement of the user in a virtual space that corresponds to a physical space and includes a portal for accessing the profile data; collecting and analyzing, by a performance system server of the system, the movement of the user at least two venues to provide physical assessment of the user; and storing, in the profile database of the system, collected movement information and the physical assessment of the user over time(Fig. 20 & paragraphs 0422, 0425).
Referring to claim 11, French et al. discloses further comprising providing, by the performance system of the system, a unified platform for analytics to quantitatively evaluate performance of the user across different activities at the one or more venues (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Referring to claim 12, French et al. discloses wherein the storing of the profile data associated with the user comprises storing biographic data, sports and fitness medical history, treatment history, exercise history, analytical data, membership information, or association information (Fig. 20).
Referring to claim 13, French et al. discloses further comprising, if the one or more venue is a clinic, providing, by clinical tracking server through the performance system server, the portal for the one or more movement tracking systems (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406); exchanging, by the clinical tracking server, data with the performance system server (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406); and acting, by the clinical tracking server, to integrate the one or more movement tracking systems into a clinical network that contains clinic specific data used by the portal such as billing information, medical history, insurance, or other clinic specific data (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Referring to claim 14, French et al. discloses further comprising, if the one or more venue is a gym or fitness center, providing, by a gym or fitness tracking server through the performance system server, the portal for the one or more movement tracking systems; exchanging, by the gym or fitness tracking server, data with the performance system server; and acting, by the gym or fitness tracking server, to integrate the one or more movement tracking systems into a gym membership network to facilitate linking a membership to the gym or the fitness center to a profile for the user maintained by the performance system server (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Referring to claim 15, French et al. discloses further comprising, if the one or more venues is a home or a location of the user, providing, by the performance system server, the portal for the one or more movement tracking systems located in the home or the location of the user, wherein the portal from the home or the location of the user provides an interface to access content available to any of the portal connected to the one or more movement tracking system, associated with the user, at the one or more venues such as gym-specific content or clinically specific content (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Referring to claim 16, French et al. discloses further comprising providing, by the system, a means through the portal for adjusting amount of private information available and communicating with other portals such as portals of a trainer or a clinician (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Referring to claim 17, French et al. discloses further comprising, providing, by the performance system server, the portal for providing an interface for account creation, logging in, selectively
displaying the profile data, selecting one or more fitness programs, displaying details for the selected fitness programs, customizing the selected fitness programs, displaying a completion screen showing details of various metrics from completed fitness programs, displaying a summary screen with analysis and statistics, enrolling the user with a provider of a clinic, display data associated with the clinic, and providing audio visual communication with a trainer or a clinician (Fig. 21).
Referring to claim 18, French et al. discloses wherein the system is a cloud-based system, and the storing of the profile data comprises storing the profile data in the profile database in the cloud-based system (Fig. 20).
Referring to claim 19, French et al. discloses comprising: a camera system for tracking movement of a user responsive to a motion prompt (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406); and a portal to display the motion prompt and profile data associated with the user, wherein the movement tracking apparatus is located across multiple venues to track the assess the user over time at the multiple venues (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Referring to claim 20, French et al. discloses wherein the portal display different parts of the profile data depending on whether the movement tracking apparatus is part of a clinic and the portal is a clinical portal, a gym or fitness center and the portal is a gym or fitness portal, or a home and the portal is a home portal (paragraphs 0052, 0077, 0153, 0295, 0299, 0405 & 0406).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715