Prosecution Insights
Last updated: April 19, 2026
Application No. 18/124,500

TRANSFER OF EXERCISE DATA FROM AN EXERCISE DEVICE

Non-Final OA §102§112
Filed
Mar 21, 2023
Examiner
NGUYEN, NYCA T
Art Unit
3784
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Lumos Holdings US Acquisition Co.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
93%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
454 granted / 676 resolved
-2.8% vs TC avg
Strong +25% interview lift
Without
With
+25.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
28 currently pending
Career history
704
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
34.8%
-5.2% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
30.1%
-9.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 676 resolved cases

Office Action

§102 §112
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 Objections Claim 19 is objected to because of the following informalities: Claim 19 Lines 15-16 recite “a user”. The limitation should be replaced with --the user—since a user has been previously recited. 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 18-20 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 18 Lines 1-6 recites “A computer-implemented method of operating a monitoring arrangement, said monitoring arrangement being configured for installation in an exercise device and having a measurement device and a communication device” then further recites “said method comprising: generating, by the measurement device” and, “performing, by the communication device,”. Applicant claims a computer-implemented method but does not indicate what is performing the computer-implemented method (control unit, processor, etc) and it is unclear if the method includes the measurement device or communication device since it does not appear that Applicant has positively claimed the devices, but later appears to positively refer to them. In order to proceed, the Office will interpret the claim such as --A method of operating a monitoring arrangement comprising: providing the monitoring arrangement having a measurement device, a communication device, and a control unit comprising a processor and memory, the monitoring arrangement installed in an exercise device; the control unit provides a computer-implemented method, comprising the steps of: generating, by the measurement device, data items representing an exercise activity performed by a user of the exercise device; performing, by the communication device--. Claim 19 recites “An electronic device comprising: a communication device; and a feedback device, said electronic device being configured to:perform, by the communication device, a connection process for establishment of an end-to-end connection to a monitoring arrangement of an exercise device;”. However, from review of the specifications it would appear that the monitoring arrangement includes the communication device (Refer to Page 8 Lines 3-5:” the exercise device10 comprises a monitoring arrangement20 ("local detector"), which includes the measurement device23 and a 5communicaion device22 for wireless data transfer to the user device30”). Therefore, it is unclear if the monitoring arrangement in Claim 19 includes an additional communication device. Since Claim 19 already indicates the communication device, the Office takes the position that in this interpretation the monitoring arrangement contains just the measurement device. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “communication device” in claims 1, 18, and 19. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Page 9-10 Lines 19-12:” COM 22 is configured for Bluetooth communication and comprises at least one Bluetooth transmitter. As used herein, a “Bluetooth transmitter” or BT transmitter” refers to any wireless radio device capable of transmitting data in compliance with a Bluetooth SIG standard in any version. The term “transmitter” also encompasses transceivers”. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “monitoring arrangement” of Claim 19. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Page 8 Lines 3-5:” the exercise device10 comprises a monitoring arrangement20 ("local detector"), which includes the measurement device23 and a 5communicaion device22 for wireless data transfer to the user device30” and Page 5 Lines 7-8:” sensor 23 is arranged in the exercise machine 10 to measure the movement of the weights”. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “feedback device” in claims 19 & 20. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Page 11 Lines 12-19:” Such a feedback device33 may comprise one or more of a speaker, a buzzer, a vibrator, a display, a touch screen, an indicator lamp, etc. In the following description, the feedback device33 is assumed to comprise a display for visual presentation”. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 102 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Malik (US 10,905,916 B1). Regarding Claim 1, Malik teaches a monitoring arrangement for installation in an exercise device 102,150,204 (Refer to Figs. 1,3A,3B,5&6..The Office takes the position that the device is maybe installed in a variety of exercise devices as shown by Malik), said monitoring arrangement comprising: a measurement device 302 (Refer to Col 7 Lines 4-15:” The motion sensor module 302 may be configured to detect presence of motion and thereafter trigger weight sensing operation for facilitating logging of exercise data. To that effect, the motion sensor module 302 may include one or more sensors such as but not limited to an accelerometer, a gyroscope, a magnetometer, a vibration sensor and the like. The motion sensor module 302, in addition to detecting motion, may also be configured to sense motion parameters associated with a user's workout. For example, the motion sensor module 302 may detect direction of movement of the weights being lifted by the user, thereby facilitating counting of sets, repetitions, etc.”); and a communication device 308 for wireless communication, and the monitoring arrangement configured to: generate, by the measurement device 302,304, data items representing an exercise activity performed by a user of the exercise device; perform, by the communication device, a connection process for establishment of an end-to-end connection to a user device 120; operate the communication device 308, during said connection process, to broadcast progress data that represents the data items that are generated during said connection process (Refer to Fig. 9A Step 920); and operate the communication device 308, after establishment of the end-to-end connection, to sequentially transmit on the end-to-end connection the data items that are generated after said establishment of the end-to-end connection (Refer to Cols 8-9 Lines 59-65:” In an embodiment, the communication module 308 is configured to enable transmission of the data logged by one or more modules of the device 150. The communication module 308 may be configured to transmit the exercise data to the user device, such as the user device 120 shown in FIG. 1, and/or to a remote server embodying a cloud platform, for storing the data.”…” In an embodiment, the communication module 308 is configured to enable transmission of the data logged by one or more modules of the device 150. The communication module 308 may be configured to transmit the exercise data to the user device, such as the user device 120 shown in FIG. 1, and/or to a remote server embodying a cloud platform, for storing the data. To that effect, the communication interface 308 may include communication circuitry such as for example, a transceiver circuitry including antenna and other communication media interfaces to connect to a wired and/or wireless communication network.”…” In an example embodiment, the communication module 308 may include mechanisms configured to receive inputs from and provide outputs to the user of the device 150. To that effect, the communication module 308 may include at least one input interface (not shown) and/or at least one output interface (not shown). The one or more input and output interfaces are collectively referred to hereinafter as input/output (I/O) interface.”). Regarding Claim 2, Malik continues to teach wherein the data items comprise momentary positions of the exercise device or a moveable element 104a-n of the exercise device 102 (Refer to Col 7 Lines 4-15:” The motion sensor module 302 may be configured to detect presence of motion and thereafter trigger weight sensing operation for facilitating logging of exercise data. To that effect, the motion sensor module 302 may include one or more sensors such as but not limited to an accelerometer, a gyroscope, a magnetometer, a vibration sensor and the like. The motion sensor module 302, in addition to detecting motion, may also be configured to sense motion parameters associated with a user's workout. For example, the motion sensor module 302 may detect direction of movement of the weights being lifted by the user, thereby facilitating counting of sets, repetitions, etc.”). Regarding Claim 3, Malik continues to teach wherein the data items represent a movement pattern (Refer to Figs. 1, 5, & 6..The Office takes the position that the movement pattern is the movement of weights up and down or of the exercise devices up and down). Regarding Claim 4, Malik continues to teach which is further configured to, during said connection process, process the data items for detection that a respective sub-target among a plurality of sub-targets for the exercise activity is achieved, and broadcast the progress data when the respective sub-target is achieved, wherein the progress data comprises an indication of the respective sub-target (The Office takes the position that the limitation there after “configured to” is considered intended us and the monitoring arrangement of Malik comprises all the structures claimed by Applicant and since the device of Malik includes a microcontroller/microprocessor (Refer to Col 8 Lines 10-57) it is consider capable of performing the intended use if programmed since Applicant teaches that such intended use is produced by a controller comprising a processor and memory (Refer to Applicant Page 9 Lines 3-18)). Regarding Claim 5, Malik continues to teach wherein the respective sub- target corresponds to start or completion of an exercise movement performed by the user as part of the exercise activity (The Office takes the position that the limitation there after “configured to” is considered intended us and the monitoring arrangement of Malik comprises all the structures claimed by Applicant and since the device of Malik includes a microcontroller/microprocessor (Refer to Col 8 Lines 10-57) it is consider capable of performing the intended use if programmed since Applicant teaches that such intended use is produced by a controller comprising a processor and memory (Refer to Applicant Page 9 Lines 3-18)). Regarding Claim 6, Malik continues to teach which is configured to repeatedly process the data items and update a count of sub-targets achieved by the user during the exercise activity, and wherein the monitoring arrangement is configured to, during said connection process, operate the communication device to, whenever the count is updated, include the count in the progress data and broadcast the progress data (The Office takes the position that the limitation there after “configured to” is considered intended us and the monitoring arrangement of Malik comprises all the structures claimed by Applicant and since the device of Malik includes a microcontroller/microprocessor (Refer to Col 8 Lines 10-57) it is consider capable of performing the intended use if programmed since Applicant teaches that such intended use is produced by a controller comprising a processor and memory (Refer to Applicant Page 9 Lines 3-18)). Regarding Claim 7, Malik continues to teach wherein the communication device 308 is configured for wireless short-range communication (Refer to Col 5 Lines 8-22:” In the representation 100, each workout machine is depicted to be associated with a signaling device. For example, the exercise equipments 112a, 112b and 112c are depicted to be associated with signaling devices 114a, 114b and 114c, respectively. In one embodiment, the signaling device may be embodied as a Bluetooth module capable of transmitting beacons. For example, the Bluetooth modules may use Bluetooth low energy proximity sensing to transmit the UUID to nearby electronic devices, such as the device 150 and/or to personal computing devices of the users. The device 150 may be configured to receive the beacons transmitted by the workout machines and use the beacons to identify the type of exercise equipment as well as the type of exercise”). Regarding Claim 8, Malik continues to teach wherein the communication device 308 comprises one or more Bluetooth transceivers and is configured to operate the one or more Bluetooth transceivers to establish the end-to-end connection and to broadcast the progress data, respectively (Refer to Col 10 Lines 4-8:” For example, only the motion sensor module 302 (or the accelerometer within the motion sensor module 302) and the communication module 308 (or a Bluetooth component of the communication module 308) along with the power module 310 can be detached from the shaft portion 202.”). Regarding Claim 9, Malik continues to teach which is further configured to detect, by the measurement device 302, a start of the exercise activity, and, upon detecting the start, perform said connection process (Refer to Fig. 9A step 910..the Office takes the position that “start” is equivalent to “initiated”). Regarding Claim 10, Malik continues to teach which is configured to perform said connection process by broadcasting a connection request for establishment of the end-to-end connection (Refer to Fig. 9A Step 920 Col 8-9 Lines 59-34.. The Office takes the position that broadcasting and connection request are inherent in the communication module transmitting data to an external device via wired/or wirelss communication..). Regarding Claim 11, Malik continues to teach which is configured to repeatedly broadcast the connection request during the connection process (Refer to Col 5 Lines 33-37:” The user device 120 may be configured to receive exercise data logged from the device 150. The user device 120 may further be configured to provide feedback to the user in real time in the form of live workout tips videos, textual messages, web-based UIs, vibrations, etc.” ..The Office takes the position that during a live update the broadcast connecting is repeated constantly). Regarding Claim 12, Malik continues to teach which is configured to broadcast the progress data in combination with the connection request (Refer to Cols 8-9 Lines 59-65:” In an embodiment, the communication module 308 is configured to enable transmission of the data logged by one or more modules of the device 150. The communication module 308 may be configured to transmit the exercise data to the user device, such as the user device 120 shown in FIG. 1,”). Regarding Claim 13, Malik continues to teach the monitoring arrangement which is configured to operate the communication device to transmit the data items in real time to the user device on the end-to-end connection. (Refer to Col 13 Lines 1-5:” The head portion 204 may communicate the logged exercise data to a mobile phone of the user 602 using the communication module 308 and the user 602 may view real time exercise data logs on the mobile application running on her mobile phone.”). Regarding Claim 14, Malik continues to teach which is further configured to detect a disruption of the end-to-end connection and, upon detecting the disruption, operate the communication device to broadcast further progress data that represents a time-sequence of said data items generated after the disruption (The Office takes the position that the limitation there after “configured to” is considered intended us and the monitoring arrangement of Malik comprises all the structures claimed by Applicant and since the device of Malik includes a microcontroller/microprocessor (Refer to Col 8 Lines 10-57) it is consider capable of performing the intended use if programmed since Applicant teaches that such intended use is produced by a controller comprising a processor and memory (Refer to Applicant Page 9 Lines 3-18)). Regarding Claim 15, Malik continues to teach which is further configured to perform an evaluation of the movement pattern in relation to a predefined movement pattern; determine, based on the evaluation, a modification of the exercise activity; and apply the modification by selectively causing a resistance controller of the exercise device to adjust a resistance of the exercise activity while the user performs the exercise activity (The Office takes the position that the limitation there after “configured to” is considered intended us and the monitoring arrangement of Malik comprises all the structures claimed by Applicant and since the device of Malik includes a microcontroller/microprocessor (Refer to Col 8 Lines 10-57) it is consider capable of performing the intended use if programmed since Applicant teaches that such intended use is produced by a controller comprising a processor and memory (Refer to Applicant Page 9 Lines 3-18)). Regarding Claim 16, Malik continues to teach wherein the measurement device 302 is configured to generate each of the data items to represent a momentary vertical position of at least one of a plurality of stacked weights 104a-n in the exercise machine (Refer to Fig. 1 Col 4-5 Lines 53-61:” In at least one example embodiment, a device 150 is provided, which is embodied as a pin (or a smart pin) for use in stackable weight-training machines. The device 150 includes a shaft portion and a head portion (not shown in FIG. 1). The shaft portion of the device 150 can perform the same weight selection function as a regular pin used in stackable weight-training machines. The device 150 may be removably attached to the weight stack 102 as shown in the representation 100. The device 150 is configured to log data related to the user's workout sessions, as will be explained in greater detail with reference to FIGS. 2A to 10.”). Regarding Claim 17, Malik teaches an exercise device configured to be operated by a user to perform an exercise activity, said exercise device comprising the monitoring arrangement of claim 1 (Refer to Fig. 1 & abstract:” A device for logging exercise data, the device includes a body for engaging with an exercise machine; an electrical system with a power source incorporated into the body and to record data; an image sensor incorporated into the body and to capture an image; a motion sensor incorporated into the body and to detect movement; the image sensor determines a weight load associated with the exercise machine; the motion sensor detects and records a number of repetitions of movement; and the device creates an exercise log associated with a user's workout.”). Regarding Claim 18, Malik teaches a computer-implemented method of operating a monitoring arrangement, said monitoring arrangement being configured for installation in an exercise device 102,150,204 (Refer to Figs. 1,3A,3B,5&6..The Office takes the position that the device is maybe installed in a variety of exercise devices as shown by Malik), and having a measurement device 302 and a communication device 308, said method comprising: generating, by the measurement device 302, data items representing an exercise activity performed by a user of the exercise device (Refer to Col 7 Lines 4-15:” The motion sensor module 302 may be configured to detect presence of motion and thereafter trigger weight sensing operation for facilitating logging of exercise data. To that effect, the motion sensor module 302 may include one or more sensors such as but not limited to an accelerometer, a gyroscope, a magnetometer, a vibration sensor and the like. The motion sensor module 302, in addition to detecting motion, may also be configured to sense motion parameters associated with a user's workout. For example, the motion sensor module 302 may detect direction of movement of the weights being lifted by the user, thereby facilitating counting of sets, repetitions, etc.”); performing, by the communication device 308, a connection process for establishment of an end-to-end connection to a user device 120 (Refer to Fig. 1); operating the communication device 308, during said connection process, to broadcast progress data that represents the data items that are generated during said connection process (Refer to Fig. 9A Step 920); and operating the communication device 308, after establishment of the end-to-end connection, to sequentially transmit on the end-to-end connection the data items that are generated after said establishment of the end-to-end connection (Refer to Cols 8-9 Lines 59-65:” In an embodiment, the communication module 308 is configured to enable transmission of the data logged by one or more modules of the device 150. The communication module 308 may be configured to transmit the exercise data to the user device, such as the user device 120 shown in FIG. 1, and/or to a remote server embodying a cloud platform, for storing the data.”…” In an embodiment, the communication module 308 is configured to enable transmission of the data logged by one or more modules of the device 150. The communication module 308 may be configured to transmit the exercise data to the user device, such as the user device 120 shown in FIG. 1, and/or to a remote server embodying a cloud platform, for storing the data. To that effect, the communication interface 308 may include communication circuitry such as for example, a transceiver circuitry including antenna and other communication media interfaces to connect to a wired and/or wireless communication network.”…” In an example embodiment, the communication module 308 may include mechanisms configured to receive inputs from and provide outputs to the user of the device 150. To that effect, the communication module 308 may include at least one input interface (not shown) and/or at least one output interface (not shown). The one or more input and output interfaces are collectively referred to hereinafter as input/output (I/O) interface.”). Regarding Claim 19, Malik teaches an electronic device 1000 comprising: a communication device 308; and a feedback device 120,1000 (Refer to Fig. 1&10), said electronic device being configured to: perform, by the communication device 308, a connection process for establishment of an end-to-end connection to a monitoring arrangement 302 of an exercise device 102,150,204 (Refer to Figs. 1,3A,3B,5&6..The Office takes the position that the device is maybe installed in a variety of exercise devices as shown by Malik); operate, during the connection process, the communication device 308 in a broadcast mode to receive progress data from the monitoring arrangement, said progress data representing an exercise activity performed by a user of the exercise device during the connection process (Refer to Fig. 9A Step 920); operate the feedback device 120 to present progress of the exercise activity based on the progress data; operate the communication device, upon said establishment of the end-to- end connection, to receive on the end-to-end connection a sequence of data items, wherein the sequence of data items represents the exercise activity performed by a user of the exercise device after said establishment of the end-to-end connection (Refer to Cols 8-9 Lines 59-65:” In an embodiment, the communication module 308 is configured to enable transmission of the data logged by one or more modules of the device 150. The communication module 308 may be configured to transmit the exercise data to the user device, such as the user device 120 shown in FIG. 1, and/or to a remote server embodying a cloud platform, for storing the data.”…” In an embodiment, the communication module 308 is configured to enable transmission of the data logged by one or more modules of the device 150. The communication module 308 may be configured to transmit the exercise data to the user device, such as the user device 120 shown in FIG. 1, and/or to a remote server embodying a cloud platform, for storing the data. To that effect, the communication interface 308 may include communication circuitry such as for example, a transceiver circuitry including antenna and other communication media interfaces to connect to a wired and/or wireless communication network.”…” In an example embodiment, the communication module 308 may include mechanisms configured to receive inputs from and provide outputs to the user of the device 150. To that effect, the communication module 308 may include at least one input interface (not shown) and/or at least one output interface (not shown). The one or more input and output interfaces are collectively referred to hereinafter as input/output (I/O) interface.”); and operate the feedback device 120 to present the progress of the exercise activity based on the data items (Refer to Col 5 Lines 33-37:” The user device 120 may be configured to receive exercise data logged from the device 150. The user device 120 may further be configured to provide feedback to the user in real time in the form of live workout tips videos, textual messages, web-based UIs, vibrations, etc”). Regarding Claim 20, Malik continues to teach which is configured to perform the connection process upon receipt, by the communication device 308 operated in the broadcast mode, of a connection request from the monitoring arrangement (Refer to Fig. 9A Step 920 Col 8-9 Lines 59-34.. The Office takes the position that broadcasting and connection request are inherent in the communication module transmitting data to an external device via wired/or wirelss communication). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attach list of references cited for prior arts pertinent to claimed and unclaimed subject matter. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NYCA T NGUYEN whose telephone number is (571)272-7168. The examiner can normally be reached Mon-Fri 9:00-5:00. 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. /NYCA T NGUYEN/ Primary Examiner, Art Unit 3784
Read full office action

Prosecution Timeline

Mar 21, 2023
Application Filed
Jan 05, 2026
Non-Final Rejection — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
93%
With Interview (+25.4%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 676 resolved cases by this examiner. Grant probability derived from career allow rate.

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