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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because of the new ground of rejection below.
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 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) 11, 32-41, 43-48 rejected under 35 U.S.C. 103 as being unpatentable over Aragones (US 2017 /0266502 A1) in view of Morris (US 2014/0257534 A1).
Claim 11. Aragones discloses a method comprising:
in a calibration phase that occurs before a user begins earning physical activity-based in-game rewards: receiving calibration activity data of the user, wherein the calibration activity data indicates a current fitness level of the user; generating, using the calibration activity data, one or more fitness challenges that earn physical activity-based in-game rewards and that are calibrated for the current fitness level of the user (i.e. an initial assessment phase with human movement screen (HMS) drills—e.g., deep squats, push-ups—captured via images/sensors to generate scores based on form, tempo, and pillars like strength/mobility; this combines with user inputs (age, weight) to establish a baseline fitness level, which tailors subsequent programs/challenges before any points/rewards are earned), (Fig. 8), [0099]-[0103];
in an operational phase after the calibration phase has occurred: receiving challenge activity data indicating physical activity that the user has performed to earn one or more physical activity-based in-game rewards; determining that the challenge activity data satisfies the one or more fitness challenges that earn physical activity-based in-game rewards and that are calibrated for the current fitness level of the user; and in response to determining that the challenge activity data satisfies one or more fitness challenges that earn physical activity-based in-game rewards, awarding the physical activity-based in-game rewards to the user (i.e. ongoing session monitoring where sensor/image data (e.g., reps, form, heart rate) is received and evaluated against tailored drills; upon verification of satisfaction—via real-time feedback and scoring—users earn points transferable to game elements like unlocks, leaderboards, or virtual certifications), (Fig. 36), [0006], [0065], [0077], [0100], [0120], [0123], [0125].
Aragones does not expressly disclose unlocking a feature to be used by an in-game character controlled by the user in completing an in-game objective of a video game and rendering the in-game use of the unlocked feature by the in-game character controlled by the user in completing an in-game objective. Morris disclose unlocking a feature to be used by an in-game character controlled by the user in completing an in-game objective of a video game and rendering the in-game use of the unlocked feature by the in-game character controlled by the user in completing an in-game objective [0075]. It would have been obvious to a person of ordinary skilled in the art to modify Aragones with Morris and would have been motivated to do so to incentivize the player to extend gameplay with more physical activity for additional in-game rewards.
Claim 32. Aragones and Morris discloses the method of claim 11, comprising: generating, based on data associated with an environment in which the physical activity is to be performed, one or more of the fitness challenges; and wherein receiving the challenge activity data comprises receiving the data associated with the environment in which the physical activity is to be performed (i.e. challenges incorporate sensor-detected environmental factors like ambient temperature or location via GPS to adjust criteria, ensuring realistic tailoring), Aragones [0060], [0065], [0080], [0118].
Claim 33. Aragones and Morris discloses the method of claim 11, comprising: modifying one or more aspects of the virtual environment within the video game based further on one or more game inputs, wherein receiving the challenge activity data comprises receiving the one or more game inputs, wherein the one or more game inputs are received from one or more of: i. a video game controller; ii. a keyboard; iii. a mouse; iv. a microphone; and v. a camera (i.e. console integration modifies virtual elements—e.g., overlays, avatars, ghosts—based on combined physical sensor data and manual inputs from controllers/keyboards during sessions), Aragones [0057], [0092], [0129]-[0131].
Claim 34. Aragones and Morris discloses the method of claim 11, comprising: transmitting, to a mobile device of the user, a notification indicating (i) unlocking the feature for in-game use by the in-game character by modification of one or more aspects of the virtual environment within the video game and (ii) the physical activity to be performed by the user; and after transmitting the notification, receiving the challenge activity data from the mobile device of the user (i.e. mobile devices send reminders/notifications for challenges and rewards, then upload activity data wirelessly for evaluation and rewards), Aragones [0025], [0077], [0101], [0106] and Morris [0078], wherein the PAMD/mobile syncs notifications and data.
Claim 35. Aragones and Morris discloses the method of claim 11, wherein receiving the calibration activity data comprises: receiving data from a fitness tracking device indicating the physical activity of the user, wherein generating the one or more fitness challenges comprises generating challenges that are calibrated for the current fitness level of the user using the received data from the fitness tracking device (i.e. calibration uses data from wearable trackers like wrist accelerometers or heart rate monitors to compute HMS scores and generate tailored challenges), Aragones [0071], [0077].
Claim 36. Aragones and Morris discloses the method of claim 11, wherein receiving the calibration activity data comprises: receiving answers to fitness-related questions provided by the user (i.e. initial assessments include GUI-based questionnaires on goals, time commitments, and habits to refine fitness levels alongside sensor data), Aragones [0091], [0096], [0103].
Claim 37-40. Aragones and Morris discloses one or more non-transitory computer storage media encoded with computer program instructions that when executed by one or more computers cause the one or more computers to perform operations of (i) an input unit of an entertainment device and (ii) a processing unit of the entertainment device, wherein the operations comprise: in a calibration phase that occurs before a user begins earning physical activity-based in- game rewards: receiving calibration activity data of the user, wherein the calibration activity data indicates a current fitness level of the user; generating, using the calibration activity data, one or more fitness challenges that when completed unlock a feature to be used by an in-game character controlled by the user in completing an in-game objective of a video game; in an operational phase after the calibration phase has occurred: receiving challenge activity data indicating physical activity that the user has performed; determining that the challenge activity data satisfies the one or more fitness challenges, in response to determining that the challenge activity data satisfies the one or more fitness challenges, unlocking the feature for in-game use by the in-game character, and rendering the in-game use of the unlocked feature by the in-game character controlled by the user in completing an in-game objective as similarly discussed above.
Claim 41, 43-46. Aragones and Morris discloses a system comprising: one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations of (i) an input unit of an entertainment device and (ii) a processing unit of the entertainment device, wherein the operations comprise: in a calibration phase that occurs before a user begins earning physical activity-based in- game rewards: receiving calibration activity data, wherein the calibration activity data indicates a current fitness level of the user; generating, using the calibration activity data, one or more fitness challenges that when completed unlock a feature to be used by an in-game character controlled by the user in completing an in-game objective of a video game; in an operational phase after the calibration phase has occurred: receiving challenge activity data indicating physical activity that the user has performed; determining that the challenge activity data satisfies the one or more fitness challenges, in response to determining that the challenge activity data satisfies the one or more fitness challenges, unlocking the feature for in-game use by the in-game character; and rendering the in-game use of the unlocked feature by the in-game character controlled by the user in completing an in-game objective as similarly discussed above.
47. Aragones and Morris discloses the method of claim 11, wherein unlocking the feature for in-game use by the in-game character in response to determining that the challenge activity data satisfies the one or more fitness challenges comprises: provisioning a tool for in-game use by the in-game character, (i.e. gems) Morris [0075].
48. Aragones and Morris discloses the method of claim 11, wherein unlocking the feature for in-game use by the in-game character in response to determining that the challenge activity data satisfies the one or more fitness challenges comprises: updating a character attribute of the in-game character, (i.e. stronger avatar via attribute updates) Morris [0074].
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David L. Lewis can be reached at (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seng H Lim/Primary Examiner, Art Unit 3715