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 Amendment
Applicant’s amendment dated February 20, 2026 is acknowledged. Currently claims 1-11, 13-19 are pending in this application, with claims 1-8 withdrawn from consideration.
Response to Arguments
Applicant's arguments filed February 20, 2026 have been fully considered but they are not persuasive inasmuch as they apply to the amended rejections required by the amendments to the claims. Examiner notes that Simpson does disclose using a ratio of testosterone to cortisol,
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 9-11, 13-17, 19 is rejected under 35 U.S.C. 103 as being unpatentable over Guthrie (US 2015/0359480, as previously cited) in view of Simpson (US 2016/0328991, as previously cited).
Regarding claims 9 and 19, Guthrie disclose the claimed system for recommending a physical routine to a person, comprising:
a physical sensor configured to measure an intensity of the physical routine (e.g. measuring heart rate via sensor 120; [0028]);
a biochemical sensor configured to determine a level of a biochemical marker of the person (e.g. measuring lactate concentration; [0021];
a processing arrangement configured to:
measure, via the physical sensor, a first intensity of a first physical routine performed by the person (e.g. measuring heart rate via sensor 120; [0028]) ;
determine a first training impulse value corresponding to the first physical routine as performed by the person based, at least in part, on the measured first intensity thereof (e.g. distinguishing between zones 1 and 2 based at least in part on heart rate; [0028];
determine, via the biochemical sensor, a first level of a biochemical marker of the person associated with completion of the first physical routine, as performed by the person (e.g. determining lactate concentration; [0021]);
calculate a first response value for the first physical routine based on the determined first training impulse value and the determined first level of the biochemical marker (e.g. calculate zone based on lactate concentration; [0027]);
measure, via the physical sensor, a second intensity of a second physical routine performed by the person; determine a second training impulse value corresponding to the second physical routine as performed by the person based, at least in part, on the measured second intensity thereof; determine, via the biochemical sensor, a second level of a biochemical marker of the person associated with completion of the second physical routine, as performed by the person; calculate a second response value for the second physical routine based on the determined second training impulse value and the determined second level of the biochemical marker (e.g. calculating a second calculation of zone activity as shown in Figure 4) ;
compare the calculated first response value and the calculated second response value (e.g. determine compliance with training regimen as shown in 240 of Figure 2); and
recommend one of the first physical routine and the second physical routine for the person based on the comparison (e.g. providing feedback on training; 250 of Figure 2).
Guthrie does not express disclose wherein the first and second levels of a biochemical marker includes a first ratio of a first and second level of testosterone to a first and second level of cortisol. Simpson discloses that it was known in the art of exercise calculations to use a ratio of testosterone and cortisol to measure activity data (e.g. ratios of testosterone to cortisol as taught in as taught in [0527]). It would have been obvious to one having ordinary skill in the art to use the ratios of testosterone to cortisol of Simpson in place of the lactate concentration of Guthrie, since such a modification would provide the system with the predictable results of a reliable means of measuring activity data.
Regarding claim 10, Guthrie additionally discloses the processing arrangement is further configured to: record, via the biochemical sensor, a first baseline level of the biochemical marker of the person, the first baseline level being recorded prior to starting of the first physical routine by the person; record, via the biochemical sensor, a first closing level of the biochemical marker of the person within a predefined time interval after completion of the first physical routine, as performed by the person; calculate the first level of the biochemical marker based on the recorded first closing level of the biochemical marker and the recorded first baseline level of the biochemical marker; record, via the biochemical sensor, a second baseline level of the biochemical marker of the person, the second baseline level being recorded prior to starting of the second physical routine by the person; record, via the biochemical sensor, a second closing level of the biochemical marker of the person within a predefined time interval after completion of the second physical routine, as performed by the person; and calculate the second level of the biochemical marker based on the recorded second closing level of the biochemical marker and the recorded second baseline level of the biochemical marker (e.g. use of a database to compare exercise sessions to baselines established over a single session or multiple sessions; [0034]).
Regarding claim 11, Guthrie additionally discloses a predefined time interval is in a range of 1 minute to 30 minutes (e.g. training times can be any number of minutes; [0036]).
Regarding claim 13, Guthrie additionally discloses including time durations on all calculations (e.g. training times can be any number of minutes; [0036]).
Regarding claim 14, Guthrie additionally discloses wherein the processing arrangement is further configured to: calculate the first response value based on a ratio of the determined first level of the biochemical marker and the determined first training impulse value; and calculate the second response value based on a ratio of the determined second level of the biochemical marker and the determined second training impulse value (e.g. use of ratios to determine the zone value; [0028]).
Regarding claim 15, Guthrie additionally discloses the first training impulse is determined at a first moment of time and the second training impulse is determined at a second moment of time, and wherein the second moment of time is at least 24 hours apart from the first moment of time but within at least 72 hours from the first moment of time (e.g. use of several different workouts from a long term training regimen that can be calculated between 24 and 72 hours; [0034]).
Regarding claim 16, Guthrie additionally discloses wherein each of the first time duration and the second time duration is at least 10 minutes (e.g. training times can be any number of minutes; [0036]).
Regarding claim 17, Guthrie additionally discloses wherein the physical sensor is installed in an electronic device associated with the person (e.g. as shown in Figure 1).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Guthrie and Simpson in further view of Divaraniya et al. (US 2021/0264604).
Regarding claim 18, Guthrie and Simpson disclose the claimed invention include a biochemical marker that is testosterone. They do not expressly disclose a biochemical sensor that is a lateral flow strip. Divaraniya teaches that it is well known in the art of testosterone sensing to use a lateral flow strip (e.g. [0157]). It would have been obvious to one having ordinary skill in the art to use the lateral flow strip of Divaraniya in the device of Guthrie and Simpson since such a modification would provide the system with the predictable results of a reliable means of measuring testosterone levels.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amanda K Hulbert whose telephone number is (571)270-1912. The examiner can normally be reached Monday - Friday 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, Unsu Jung can be reached at 571-272-8506. 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.
/Amanda K Hulbert/Primary Examiner, Art Unit 3792