DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/7/2026 has been entered. claims 1 – 20 are pending.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4,7,10-16 and 19-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Edis et al. (US 2010/0144414 A1) in view of Bentley (US 2006/0166737 A1) and Gilley et al. (US 2008/0086318 A1).
Re claims 1, 15, 20:
1. Edis teaches [A] method (Edis, Abstract) comprising:
presenting, to the display device, a prompt for a user to perform an athletic movement (Edis, [0036], “athletic training program … display live, on demand, pay per view, DVD, Blu-Ray, Interactive television”; [0037], “The system 100 can also interact with and display information for officials such as referees, judges, coaches, trainers, and doctors to monitor athletes at an event”; [0071]; [0013], Edis states “The method has a computer that receives a real-time video data of the boxer. The computer receives data from a visualization engine, wherein the data comprises a real-time hand analysis data, and wherein the real-time hand analysis data comprises data identified by the analysis engine as one of a pre-identified outcome stored in a database corresponding to the data from the accelerometer and the gyroscope. The computer simultaneously displays the real-time video data and the real-time hand analysis data” and para. [0036], “real-time information for officials and advanced athletic training programs”; [0084], “The computer can even give the trainee instructions on how to improve. A trainee can also use the information to improve the force of his punch”),
in response to detecting the athletic movement of the user, automatically capturing, with an image capture device, motion parameter data of the user performing the athletic movement, wherein the image capture device comprises a plurality of cameras (Edis, fig. 1, 104; [0083]);
generating, by a processor, one or more movement scores based on at least a first portion of the motion parameter data of the user performing the athletic movement, wherein generating the one or more movement scores includes processing the motion parameter data to assess movement of the user performing the athletic movement (Edis, fig. 12, 1208; fig. 1, “speed, direction, punch type …”; [0065], “particular boxer's punches and motions can also be profiled to create a boxer specific motion profile”; [0072], “statistics and score”) relative to a desired form of the athletic movement (Edis, Abstract, “pre-identified motion rules … pre-identified motion”; fig. 11, 1104, “OBTAIN MOTION PROFILE FROM A DATABASE”; [0069], “the computer compares the activity-related data to the motion profile rules”);
generating, by the processor, a personalized exercise program based on the one or more movement scores, and comprising a plurality of workouts (Edis, fig. 12, 1208; fig. 1, “speed, direction, punch type …”; [0065], “particular boxer's punches and motions can also be profiled to create a boxer specific motion profile”; [0072], “statistics and score”);
providing, to the display of the computing device, a graphical user interface that includes a display of the one or more movement scores and an interactive indication of the personalized exercise program that includes one or more exercises, each exercise associated with the one or more movement scores (Edis, [0084], “the system can be used for training. The system can obtain raw data and analyze it while an athlete is training. Analysis software can display faults of an athlete's movements while training … the computer can even give the trainee instructions on how to improve”; [0085]; [0036], “visualization engine 302 can process information including enhanced statistics, interactive visualizations, real-time information for officials and advanced athletic training programs”; Edis’ system tracks the speed, force, direction, pressure, acceleration … etc associates with a punch (Edis, fig. 1; [0032]; [0043]).
15. Edis teaches [A]n apparatus comprising: at least one processor; a display device; an image capture device; a non-transitory computer-readable medium comprising computer-executable instructions that when executed by the at least one processor cause the at least one processor (Edis, fig. 1) to:
presenting, to the display device, a prompt for a user to perform an athletic movement (Edis, [0036], “athletic training program … display live, on demand, pay per view, DVD, Blu-Ray, Interactive television”; [0037], “The system 100 can also interact with and display information for officials such as referees, judges, coaches, trainers, and doctors to monitor athletes at an event”; [0071]; [0013], Edis states “The method has a computer that receives a real-time video data of the boxer. The computer receives data from a visualization engine, wherein the data comprises a real-time hand analysis data, and wherein the real-time hand analysis data comprises data identified by the analysis engine as one of a pre-identified outcome stored in a database corresponding to the data from the accelerometer and the gyroscope. The computer simultaneously displays the real-time video data and the real-time hand analysis data” and para. [0036], “real-time information for officials and advanced athletic training programs”; [0084], “The computer can even give the trainee instructions on how to improve. A trainee can also use the information to improve the force of his punch”),
in response to detecting the athletic movement of the user, automatically capture, from the image capture device, motion parameter data of the user performing the athletic movement (Edis, fig. 1, 104; [0083]);
generate, by the at least one processor, one or more movement scores based on the at least a first portion of the motion parameter data of the user performing the athletic movement (Edis, fig. 12, 1208; fig. 1, “speed, direction, punch type …”; [0065], “particular boxer's punches and motions can also be profiled to create a boxer specific motion profile”; [0072], “statistics and score”), wherein generating the one or more movement scores includes processing the motion parameter data to assess movement of the user performing the athletic movement relative to a desired form of the athletic movement (Edis, Abstract, “pre-identified motion rules … pre-identified motion”; fig. 11, 1104, “OBTAIN MOTION PROFILE FROM A DATABASE”; [0069], “the computer compares the activity-related data to the motion profile rules”);
generate, by the at least one processor, a personalized exercise program based on the one or more movement scores, wherein the personalized exercise program comprises a plurality of workouts (Edis, fig. 12, 1208; fig. 1, “speed, direction, punch type …”; [0065], “particular boxer's punches and motions can also be profiled to create a boxer specific motion profile”; [0072], “statistics and score”);
provide, to the display device, a graphical user interface that includes a display of the one or more movement scores and an interactive indication of the personalized exercise program that includes one or more exercises, each exercise associated with the one or more movement scores (Edis, [0084], “the system can be used for training. The system can obtain raw data and analyze it while an athlete is training. Analysis software can display faults of an athlete's movements while training … the computer can even give the trainee instructions on how to improve”; [0085]; [0036], “visualization engine 302 can process information including enhanced statistics, interactive visualizations, real-time information for officials and advanced athletic training programs”; Edis’ system tracks the speed, force, direction, pressure, acceleration … etc associates with a punch (Edis, fig. 1; [0032]; [0043]).
20. Edis teaches [A] non-transitory computer-readable medium comprising computer-executable instructions that when executed by a processor (Edis, fig. 1), cause the processor to perform at least:
in response presenting, to an interactive display, a prompt a user to perform an athletic movement (Edis, [0036], “athletic training program … display live, on demand, pay per view, DVD, Blu-Ray, Interactive television”; [0037], “The system 100 can also interact with and display information for officials such as referees, judges, coaches, trainers, and doctors to monitor athletes at an event”; [0071]; [0013], Edis states “The method has a computer that receives a real-time video data of the boxer. The computer receives data from a visualization engine, wherein the data comprises a real-time hand analysis data, and wherein the real-time hand analysis data comprises data identified by the analysis engine as one of a pre-identified outcome stored in a database corresponding to the data from the accelerometer and the gyroscope. The computer simultaneously displays the real-time video data and the real-time hand analysis data” and para. [0036], “real-time information for officials and advanced athletic training programs”; [0084], “The computer can even give the trainee instructions on how to improve. A trainee can also use the information to improve the force of his punch”), capturing, with an image capture device, video data of the user performing the athletic movement (Edis, fig. 1, 104; [0083]);
processing, with at least one processor, the video data to obtain motion parameter data of the user performing the athletic movement (Edis, fig. 1, 104; [0083]);
generating, with at least one processor, one or more movement scores based on at least a first portion of motion parameter data of the user performing the athletic movement (Edis, fig. 12, 1208; fig. 1, “speed, direction, punch type …”; [0065], “particular boxer's punches and motions can also be profiled to create a boxer specific motion profile”; [0072], “statistics and score”), wherein generating the one or more movement scores includes processing the motion parameter data to assess movement of the user performing the athletic movement (Edis, fig. 12, 1208; fig. 1, “speed, direction, punch type …”; [0065], “particular boxer's punches and motions can also be profiled to create a boxer specific motion profile”; [0072], “statistics and score”) relative to a desired form of the athletic movement (Edis, Abstract, “pre-identified motion rules … pre-identified motion”; fig. 11, 1104, “OBTAIN MOTION PROFILE FROM A DATABASE”; [0069], “the computer compares the activity-related data to the motion profile rules”);
generating, at the at least one processor, a personalized exercise program based on the one or more movement scores, wherein the personalized exercise program comprises a plurality of workouts (Edis, fig. 12, 1208; fig. 1, “speed, direction, punch type …”; [0065], “particular boxer's punches and motions can also be profiled to create a boxer specific motion profile”; [0072], “statistics and score”);
providing, to the interactive display, a graphical user interface that includes a display of the one or more movement scores and an indication of the personalized exercise program that includes one or more exercises, each exercise associated with the one or more movement scores (Edis, [0084], “the system can be used for training. The system can obtain raw data and analyze it while an athlete is training. Analysis software can display faults of an athlete's movements while training … the computer can even give the trainee instructions on how to improve”; [0085]; [0036], “visualization engine 302 can process information including enhanced statistics, interactive visualizations, real-time information for officials and advanced athletic training programs”; Edis’ system tracks the speed, force, direction, pressure, acceleration … etc associates with a punch (Edis, fig. 1; [0032]; [0043]).
Edis does not explicitly disclose upon receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element: and in response to detecting the user performing the exercise, updating the exercise interface to display both a comparison of a form of the user and a desired form of the exercise and a feedback comprising a correction to the form of the user.
Bentley (US 2006/0166737 A1) teaches a system and method for analyzing and improving the performance of an athletic motion such as a golf swing (Bentley, Abstract). Bentley teaches
generating, by a processor, one or more movement scores based on at least a first portion of the motion parameter data of the user performing the athletic movement (Bentley, [0049]; [0128], “The methodology of the invention depends on capturing motion data, processing it into the described parameters relating to body segments and components of the motion, providing a quantitative analysis of each component of motion, and then summing the scores for each component of motion so as to produce a unitary number or "kinetic index" for the performance as a whole”; [0130]), wherein generating the one or more movement scores includes processing the motion parameter data to assess movement of the user performing the athletic movement relative to a desired form of the athletic movement (Bentley, [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form”; [0053]; [0110], “use of overlays of alignment lines relating to the golfer's position, size, posture, and expected motions, so as to make motions and deviations in alignment very apparent in subsequent video presentations of the swing motion”; );
generating, by the processor, a personalized exercise program based on the one or more movement scores, and comprising a plurality of workouts (Bentley, [0038], “those diagnostic parameters can be utilized by indexing a cross reference table of test results and exercises to automatically prescribe to the golfer an assignment of appropriate individualized exercises to improve his or her swing”; Abstract, “based on the results prescribing a user-specific training regime with exercises selected from a library of standardized exercises using standardized tools and training aids”; [0040]);
providing, to the display of the computing device, a graphical user interface that includes a display of the one or more movement scores (Bentley, [0022], “The performance reports provide an objective record of the type and degree of changes in performance that the user has experienced”; [0034], “Calculated diagnostic parameters of interest can be reported on the screen”; [0036]) and an interactive indication of the personalized exercise program that includes one or more exercises, each exercise associated with the one or more movement scores (Bentley, [0004], “Instructional feedback may be comments relative to problems associated with the student's swing, compliments regarding improvement in the student's swing, suggestions on correcting the user's swing, or any”; [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form. The result is then augmented with further visual or audio information and recorded onto another tape for viewing and analysis”; [0086], “Analyze 300 requires analyzing the collected data, and includes accessing a database 700 of related data for comparison and for relating types and degrees of deviations in performance from benchmark values to a library of standard exercises for generating prescriptions of appropriate practice exercises or corrective measures … Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription”; [0092], “Individual systems of the invention work in standalone configurations as individual test and evaluation systems for collecting student performance data, analyzing and comparing student data to a library of performance data including expert performance data, reporting the results, and prescribing corrective exercises”);
upon receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element (Bentley, [0038], “those diagnostic parameters can be utilized by indexing a cross reference table of test results and exercises to automatically prescribe to the golfer an assignment of appropriate individualized exercises to improve his or her swing”; Abstract, “based on the results prescribing a user-specific training regime with exercises selected from a library of standardized exercises using standardized tools and training aids”; [0040]; [0033], “The system interface may instruct the golfer, for example, to address the ball, give a five-second window for the golfer to initiate a swing, etc. Such instructions may in one embodiment be in the form of audible beeps, or synthetic speech or prerecorded voice commands”), selectable elements such as hours available (Bentley, [0040]) and user setup and controls (Bentley, [0043]; [0124]); and
in response to detecting the user performing the exercise, updating the exercise interface to display both a comparison of a form of the user and a desired form of the exercise (Bentley, [0049], “The analysis may include for selected parameters comparing the motion data test value to a pre-defined benchmark value for the same parameter and determining a degree of deviation”; [0117], “present a comparative trace of the present motion or component of motion compared to a prior motion or an expert motion”; [0152], “the system is able to compare the performance results to a catalog of exercises appropriate to the respective parameters and their test result, and provide an automated recommendation or prescription of exercises”) and a feedback comprising a correction to the form of the user (Bentley, [0004], “Instructional feedback may be comments relative to problems associated with the student's swing, compliments regarding improvement in the student's swing, suggestions on correcting the user's swing, or any”; [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form. The result is then augmented with further visual or audio information and recorded onto another tape for viewing and analysis”; [0086], “Analyze 300 requires analyzing the collected data, and includes accessing a database 700 of related data for comparison and for relating types and degrees of deviations in performance from benchmark values to a library of standard exercises for generating prescriptions of appropriate practice exercises or corrective measures … Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription”; [0092], “Individual systems of the invention work in standalone configurations as individual test and evaluation systems for collecting student performance data, analyzing and comparing student data to a library of performance data including expert performance data, reporting the results, and prescribing corrective exercises”).
Therefore, in view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method / apparatus / computer program described in Edis, by prescribing a user-specific training regime as taught by Bentley, in order to provide practice of prescribed drills intended to improve aspects of the motion based on the feedback and score (Bentley, [0038]).
In view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method / apparatus / computer program described in Edis, by providing comparison between user and expert motion movement as taught by Bentley, to demonstrate graphically the coordination between hips, shoulders and hand motion; or it may present a comparative trace of the present motion or component of motion compared to a prior motion or an expert motion in order to illustrate the degree of deviation and required improvement to achieve a desired performance level (Bentley, [0117]).
Edis does not explicitly disclose receiving additional exercise data associated with the user; and modifying, based on the additional exercise data, a duration of a next workout of the plurality of workouts.
Gilley et al. (US 2008/0086318 A1) teaches a receiving additional exercise data associated with the user; and modifying, based on the additional exercise data, a duration of a next workout of the plurality of workouts (Gilley, [0076], “if the collected data indicates that the user will not reach a target performance metric (e.g., target number of calories burned or target heart rate) during a current fitness activity, the lifestyle companion system can increase the intensity or duration of the current fitness activity or a future fitness activity … If the collected data indicates that the user will not reach his fitness goals based on his performance over multiple workouts, the lifestyle companion system can increase the intensity or frequency of future workouts”; [0104]; [0140]; Gilley suggests that options: 1) increasing intensity or 2) increase duration can be applied to a) current fitness activity or b) a future fitness activity based on the target performance metric). Therefore, in view of Gilley, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method/system described in Bentley, by adjusting duration based on the collected data as taught by Gilley, since the lifestyle companion system can dynamically adapt the user's short-term or long-term goals based on the data collected by adjusting exercise parameter such as (intensity or duration) (Gilley, [0076]).
Re claims 2 – 3:
2. The method of claim 1, wherein capturing motion parameter data further comprises:
capturing, with a sensor worn on the user, additional motion parameter data of a user performing an athletic movement (Edis, [0032] – [0035]); and
correlating the motion parameter data of the image capture device with the additional motion parameter data of the sensor (Edis, [0041]; [0049]).
3. The method of claim 2, wherein the sensor comprises a wrist-worn or a footwear-worn accelerometer (Edis, [0032] – [0035]).
Re claim 4:
4. The method of claim 1, further comprising modifying, by the processor, the personalized exercise program based on one or more aspects of a user profile of the user (Edis, [0084], “the system can be used for training. The system can obtain raw data and analyze it while an athlete is training. Analysis software can display faults of an athlete's movements while training … the computer can even give the trainee instructions on how to improve”; [0085]; [0036], “visualization engine 302 can process information including enhanced statistics, interactive visualizations, real-time information for officials and advanced athletic training programs”).
Re claim 7:
7. The method of claim 1, wherein generating the personalized exercise program is based on the one or more movement scores and an input of the user (Edis, [0084], “the system can be used for training. The system can obtain raw data and analyze it while an athlete is training. Analysis software can display faults of an athlete's movements while training … the computer can even give the trainee instructions on how to improve”; [0085]; [0036], “visualization engine 302 can process information including enhanced statistics, interactive visualizations, real-time information for officials and advanced athletic training programs”).
Re claim 10:
10. The method of claim 1, wherein generating the one or more movement scores comprises evaluating a form of the user by identifying locations of body parts of the user at different times (Edis, [0049]; [0064]).
Re claim 11:
11. The method of claim 1, further comprising presenting a post-workout-dashboard permitting a user to review analysis to view movement scores based on the motion parameter data (Edis, [0084]; [0085]; [0036], “visualization engine 302 can process information including enhanced statistics, interactive visualizations, real-time information for officials and advanced athletic training programs”; fig. 12).
Re claim 12:
Edis does not explicitly disclose modifying one or more workouts of the personalized exercise program based on an availability of the user to perform the personalized exercise program. Bentley teaches 12. The method of claim 1, further comprising modifying one or more workouts of the personalized exercise program based on an availability of the user to perform the personalized exercise program (Bentley, [0038]; [0152]). Therefore, in view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method described in Edis, by providing the calendar as taught by Bentley, since preprogrammed with the testee's available training schedule and hence able to tailor the prescription to the training time available (Bentley, [0152]).
Re claims 13 – 14:
13. The method of claim 12, further comprising modifying the personalized exercise program based on the feedback for improving movement scores in future workout sessions. 14. The method of claim 12, further comprising providing suggested exercises that target specified areas for improving movement scores in future workout sessions (Edis, [0084], “Analysis software can display faults of an athlete's movements while training”; [0085]; [0036], “visualization engine 302 can process information including enhanced statistics, interactive visualizations, real-time information for officials and advanced athletic training programs”; fig. 12).
Re claim 16:
16. The apparatus of claim 15, wherein the computer-readable medium further comprises computer-executable instructions that when executed by the at least one processor cause the at least one processor to: modify the personalized exercise program based on receiving one or more aspects of a user profile of the user (Edis, [0084], “the system can be used for training. The system can obtain raw data and analyze it while an athlete is training. Analysis software can display faults of an athlete's movements while training … the computer can even give the trainee instructions on how to improve”; [0085]; [0036], “visualization engine 302 can process information including enhanced statistics, interactive visualizations, real-time information for officials and advanced athletic training programs”).
Re claim 19:
19. The apparatus of claim 15, wherein the image capture device comprises a plurality of video cameras (Edis, fig. 1; [0080] – [0081]).
Claims 5 and 8 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Edis, Bentley and Gilley in view of Brown (US 6746371 B1).
Re claims 5 and 8:
Edis does not explicitly disclose a scheduling feature. However, Brown teaches a computer system for managing fitness activity of a user between multiple exercise machines (Brown, Abstract; col. 3, lines 40-54). Brown teaches 5. The method of claim 4, wherein the one or more aspects of the user profile include a probable availability of the user calculated by analyzing historical calendar data of the user. 8. The method of claim 7, wherein the input of the user comprises at least one of: a time commitment or a number of exercise sessions in a predetermined time period (Brown, col. 9, lines 26-38; in col. 7, lines 24 – 36, “Cumulative fitness activity over a selected time period is preferably computed from summing previously accumulated fitness activity for the selected time period with the current fitness activity. In summing the previously accumulated fitness activity and current fitness activity, computer system 10 may adjust the cumulative total to more closely reflect the fitness gained as a result of exercising on multiple machines over a period of time. For example, if a user exercises for an hour across three different exercise machines, the amount of calories burned by the user actually increases with prolonged exercise over a particular amount of time determined for that user and therefore is adjusted in the cumulative fitness activity.” The cumulative fitness activity (i.e., historical calendar data) can be used to reserve the exercise machine from available schedule (col. 7, lines 12 - 51)). Therefore, in view of Brown, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method described in Edis, by providing the scheduling feature as taught by Edis, in order to schedule for the user what type of exercise should be performed each day and how much time should be allotted for exercise. This function is particularly helpful for people wanting to follow a particular workout schedule (Brown, col. 9, lines 26 - 38) and allow an individual to reserve exercise machines from the available scheduling (Brown, col. 12, lines 33 - 45).
Claims 6 and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Edis, Bentley and Gilley in view of Astilean (US 2006/0183602 A1).
Re claims 6 and 17:
Edi does not explicitly disclose a start option. Astilean teaches a system and method are provided for improving the physical fitness of a person wherein the person performs at least one walking or running exercise routine (Astilean, Abstract). Astilean teaches 6. The method of claim 1, further comprising presenting the user with an option to start a plan to complete the personalized exercise program. 17. The apparatus of claim 15, wherein the computer-readable medium further comprises computer-executable instructions that when executed by the at least one processor cause the at least one processor to: present the user with an option to start a plan to complete the personalized exercise program (Astilean ([0054]; [0055], “program may prompt the user to press the START button 104 at the beginning of a particular routine within the regimen”). Therefore, in view of Cargill, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method/apparatus described in Edis, by start prompt as taught by Astilean, in order to allow a user to start an exercise routine based his/her schedule.
Claims 9 and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Edis , Bentley and Gilley in view of Cargill (US 2010/0069148 A1).
Re claims 9 and 18:
Edis does not explicitly disclose athletic item available for purchase. Cargill teaches a method includes receiving data indicating performance of an offline activity by the game player such as completion of a quantity of exercise (Cargill, Abstract). Cargill teaches 9. The method of claim 1, further comprising providing an indication of athletic item available for purchase upon the user reaching a milestone in the personalized exercise program. 18. The apparatus of claim 15, wherein the computer-readable medium further comprises computer-executable instructions that when executed by the at least one processor cause the at least one processor to: provide an indication of athletic item available for purchase based on the one or more movement scores of the user (Cargill, [0015], “the rewards may awarded based on earned points or "green bucks" that are stored in an online or virtual bank account for the player”; [0017], “number of steps 124 taken by a player and the number of steps (or length of activity/exercise) may be converted into a number of earned points or green bucks)”; [0022], “a green buck value or number of points 177 may be provided or defined to indicate how many bucks a player must have to obtain or "purchase" the reward 176”; [0029], “purchase price for the product ("plushie")”; the item becomes available when a user earning enough “green buck” by performing a certain amount of exercise or fitness level). Therefore, in view of Cargill, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method/apparatus described in Edis, by providing store as taught by Cargill, in order to track activities such as exercise may result in green bucks being rewarded that may be used in a variety of ways to obtain rewards (such as sponsor's products, coupons to make purchases, changes/improvements in an avatar, donations to a charity/organization, and so on) (Cargill, [0028]) and provide incentives/rewards may also be chosen to motivate players (Cargill, [0027]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 15, 20are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 17, 22 of U.S. Patent No. 9457256 (‘256) in view of Bentley (US 2006/0166737 A1) and Gilley et al. (US 2008/0086318 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the more specific claims of ‘256.
Claims 1, 15, 20 (see claims 1, 17, 22 of ‘256), except wherein generating the one or more movement scores includes processing the motion parameter data to assess movement of the user performing the athletic movement … receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element: and in response to detecting the user performing the exercise, updating the exercise interface to display both a comparison of a form of the user and a desired form of the exercise and a feedback comprising a correction to the form of the user.
Bentley (US 2006/0166737 A1) teaches a system and method for analyzing and improving the performance of an athletic motion such as a golf swing (Bentley, Abstract). Bentley teaches
generating, by a processor, one or more movement scores based on at least a first portion of the motion parameter data of the user performing the athletic movement (Bentley, [0049]; [0128], “The methodology of the invention depends on capturing motion data, processing it into the described parameters relating to body segments and components of the motion, providing a quantitative analysis of each component of motion, and then summing the scores for each component of motion so as to produce a unitary number or "kinetic index" for the performance as a whole”; [0130]), wherein generating the one or more movement scores includes processing the motion parameter data to assess movement of the user performing the athletic movement relative to a desired form of the athletic movement (Bentley, [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form”; [0053]; [0110], “use of overlays of alignment lines relating to the golfer's position, size, posture, and expected motions, so as to make motions and deviations in alignment very apparent in subsequent video presentations of the swing motion”; );
generating, by the processor, a personalized exercise program based on the one or more movement scores, and comprising a plurality of workouts (Bentley, [0038], “those diagnostic parameters can be utilized by indexing a cross reference table of test results and exercises to automatically prescribe to the golfer an assignment of appropriate individualized exercises to improve his or her swing”; Abstract, “based on the results prescribing a user-specific training regime with exercises selected from a library of standardized exercises using standardized tools and training aids”; [0040]);
providing, to the display of the computing device, a graphical user interface that includes a display of the one or more movement scores (Bentley, [0022], “The performance reports provide an objective record of the type and degree of changes in performance that the user has experienced”; [0034], “Calculated diagnostic parameters of interest can be reported on the screen”; [0036]) and an interactive indication of the personalized exercise program that includes one or more exercises, each exercise associated with the one or more movement scores (Bentley, [0004], “Instructional feedback may be comments relative to problems associated with the student's swing, compliments regarding improvement in the student's swing, suggestions on correcting the user's swing, or any”; [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form. The result is then augmented with further visual or audio information and recorded onto another tape for viewing and analysis”; [0086], “Analyze 300 requires analyzing the collected data, and includes accessing a database 700 of related data for comparison and for relating types and degrees of deviations in performance from benchmark values to a library of standard exercises for generating prescriptions of appropriate practice exercises or corrective measures … Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription”; [0092], “Individual systems of the invention work in standalone configurations as individual test and evaluation systems for collecting student performance data, analyzing and comparing student data to a library of performance data including expert performance data, reporting the results, and prescribing corrective exercises”);
upon receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element (Bentley, [0038], “those diagnostic parameters can be utilized by indexing a cross reference table of test results and exercises to automatically prescribe to the golfer an assignment of appropriate individualized exercises to improve his or her swing”; Abstract, “based on the results prescribing a user-specific training regime with exercises selected from a library of standardized exercises using standardized tools and training aids”; [0040]; [0033], “The system interface may instruct the golfer, for example, to address the ball, give a five-second window for the golfer to initiate a swing, etc. Such instructions may in one embodiment be in the form of audible beeps, or synthetic speech or prerecorded voice commands”), selectable elements such as hours available (Bentley, [0040]) and user setup and controls (Bentley, [0043]; [0124]); and
in response to detecting the user performing the exercise, updating the exercise interface to display both a comparison of a form of the user and a desired form of the exercise (Bentley, [0049], “The analysis may include for selected parameters comparing the motion data test value to a pre-defined benchmark value for the same parameter and determining a degree of deviation”; [0117], “present a comparative trace of the present motion or component of motion compared to a prior motion or an expert motion”; [0152], “the system is able to compare the performance results to a catalog of exercises appropriate to the respective parameters and their test result, and provide an automated recommendation or prescription of exercises”) and a feedback comprising a correction to the form of the user (Bentley, [0004], “Instructional feedback may be comments relative to problems associated with the student's swing, compliments regarding improvement in the student's swing, suggestions on correcting the user's swing, or any”; [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form. The result is then augmented with further visual or audio information and recorded onto another tape for viewing and analysis”; [0086], “Analyze 300 requires analyzing the collected data, and includes accessing a database 700 of related data for comparison and for relating types and degrees of deviations in performance from benchmark values to a library of standard exercises for generating prescriptions of appropriate practice exercises or corrective measures … Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription”; [0092], “Individual systems of the invention work in standalone configurations as individual test and evaluation systems for collecting student performance data, analyzing and comparing student data to a library of performance data including expert performance data, reporting the results, and prescribing corrective exercises”).
Therefore, in view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method / apparatus / computer program described in ‘256, by prescribing a user-specific training regime as taught by Bentley, in order to provide practice of prescribed drills intended to improve aspects of the motion based on the feedback and score (Bentley, [0038]).
In view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method / apparatus / computer program described in ‘256, by providing comparison between user and expert motion movement as taught by Bentley, to demonstrate graphically the coordination between hips, shoulders and hand motion; or it may present a comparative trace of the present motion or component of motion compared to a prior motion or an expert motion in order to illustrate the degree of deviation and required improvement to achieve a desired performance level (Bentley, [0117]).
‘256 does not explicitly disclose receiving additional exercise data associated with the user; and modifying, based on the additional exercise data, a duration of a next workout of the plurality of workouts.
Gilley teaches a receiving additional exercise data associated with the user; and modifying, based on the additional exercise data, a duration of a next workout of the plurality of workouts (Gilley, [0076], “if the collected data indicates that the user will not reach a target performance metric (e.g., target number of calories burned or target heart rate) during a current fitness activity, the lifestyle companion system can increase the intensity or duration of the current fitness activity or a future fitness activity … If the collected data indicates that the user will not reach his fitness goals based on his performance over multiple workouts, the lifestyle companion system can increase the intensity or frequency of future workouts”; [0104]; [0140]). Therefore, in view of Gilley, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method/system described in ‘256, by adjusting duration based on the collected data as taught by Gilley, since the lifestyle companion system can dynamically adapt the user's short-term or long-term goals based on the data collected by adjusting exercise parameter such as (intensity or duration) (Gilley, [0076]).
Claims 1, 15, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7 – 11 of U.S. Patent No. 9283429 (‘429) in view of Bentley (US 2006/0166737 A1) and Gilley et al. (US 2008/0086318 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the more specific claims of ‘429.
Claims 1, 15, 20 (see claims 1, 4, 7 – 11), except upon receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element; in response to detecting the user performing the exercise, updating the exercise interface to display both a comparison of a form of the user and a desired form of the exercise and a feedback comprising a correction to the form of the user.
Bentley (US 2006/0166737 A1) teaches a system and method for analyzing and improving the performance of an athletic motion such as a golf swing (Bentley, Abstract). Bentley teaches
generating, by a processor, one or more movement scores based on at least a first portion of the motion parameter data of the user performing the athletic movement (Bentley, [0049]; [0128], “The methodology of the invention depends on capturing motion data, processing it into the described parameters relating to body segments and components of the motion, providing a quantitative analysis of each component of motion, and then summing the scores for each component of motion so as to produce a unitary number or "kinetic index" for the performance as a whole”; [0130]), wherein generating the one or more movement scores includes processing the motion parameter data to assess movement of the user performing the athletic movement relative to a desired form of the athletic movement (Bentley, [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form”; [0053]; [0110], “use of overlays of alignment lines relating to the golfer's position, size, posture, and expected motions, so as to make motions and deviations in alignment very apparent in subsequent video presentations of the swing motion”; );
generating, by the processor, a personalized exercise program based on the one or more movement scores, and comprising a plurality of workouts (Bentley, [0038], “those diagnostic parameters can be utilized by indexing a cross reference table of test results and exercises to automatically prescribe to the golfer an assignment of appropriate individualized exercises to improve his or her swing”; Abstract, “based on the results prescribing a user-specific training regime with exercises selected from a library of standardized exercises using standardized tools and training aids”; [0040]);
providing, to the display of the computing device, a graphical user interface that includes a display of the one or more movement scores (Bentley, [0022], “The performance reports provide an objective record of the type and degree of changes in performance that the user has experienced”; [0034], “Calculated diagnostic parameters of interest can be reported on the screen”; [0036]) and an interactive indication of the personalized exercise program that includes one or more exercises, each exercise associated with the one or more movement scores (Bentley, [0004], “Instructional feedback may be comments relative to problems associated with the student's swing, compliments regarding improvement in the student's swing, suggestions on correcting the user's swing, or any”; [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form. The result is then augmented with further visual or audio information and recorded onto another tape for viewing and analysis”; [0086], “Analyze 300 requires analyzing the collected data, and includes accessing a database 700 of related data for comparison and for relating types and degrees of deviations in performance from benchmark values to a library of standard exercises for generating prescriptions of appropriate practice exercises or corrective measures … Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription”; [0092], “Individual systems of the invention work in standalone configurations as individual test and evaluation systems for collecting student performance data, analyzing and comparing student data to a library of performance data including expert performance data, reporting the results, and prescribing corrective exercises”);
upon receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element (Bentley, [0038], “those diagnostic parameters can be utilized by indexing a cross reference table of test results and exercises to automatically prescribe to the golfer an assignment of appropriate individualized exercises to improve his or her swing”; Abstract, “based on the results prescribing a user-specific training regime with exercises selected from a library of standardized exercises using standardized tools and training aids”; [0040]; [0033], “The system interface may instruct the golfer, for example, to address the ball, give a five-second window for the golfer to initiate a swing, etc. Such instructions may in one embodiment be in the form of audible beeps, or synthetic speech or prerecorded voice commands”), selectable elements such as hours available (Bentley, [0040]) and user setup and controls (Bentley, [0043]; [0124])); and
in response to detecting the user performing the exercise, updating the exercise interface to display both a comparison of a form of the user and a desired form of the exercise (Bentley, [0049], “The analysis may include for selected parameters comparing the motion data test value to a pre-defined benchmark value for the same parameter and determining a degree of deviation”; [0117], “present a comparative trace of the present motion or component of motion compared to a prior motion or an expert motion”; [0152], “the system is able to compare the performance results to a catalog of exercises appropriate to the respective parameters and their test result, and provide an automated recommendation or prescription of exercises”) and a feedback comprising a correction to the form of the user (Bentley, [0004], “Instructional feedback may be comments relative to problems associated with the student's swing, compliments regarding improvement in the student's swing, suggestions on correcting the user's swing, or any”; [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form. The result is then augmented with further visual or audio information and recorded onto another tape for viewing and analysis”; [0086], “Analyze 300 requires analyzing the collected data, and includes accessing a database 700 of related data for comparison and for relating types and degrees of deviations in performance from benchmark values to a library of standard exercises for generating prescriptions of appropriate practice exercises or corrective measures … Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription”; [0092], “Individual systems of the invention work in standalone configurations as individual test and evaluation systems for collecting student performance data, analyzing and comparing student data to a library of performance data including expert performance data, reporting the results, and prescribing corrective exercises”).
Therefore, in view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method / apparatus / computer program described in ‘429, by prescribing a user-specific training regime as taught by Bentley, in order to provide practice of prescribed drills intended to improve aspects of the motion based on the feedback and score (Bentley, [0038]). In view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method / apparatus / computer program described in ‘429, by providing comparison between user and expert motion movement as taught by Bentley, to demonstrate graphically the coordination between hips, shoulders and hand motion; or it may present a comparative trace of the present motion or component of motion compared to a prior motion or an expert motion in order to illustrate the degree of deviation and required improvement to achieve a desired performance level (Bentley, [0117]).
‘429 does not explicitly disclose receiving additional exercise data associated with the user; and modifying, based on the additional exercise data, a duration of a next workout of the plurality of workouts.
Gilley teaches a receiving additional exercise data associated with the user; and modifying, based on the additional exercise data, a duration of a next workout of the plurality of workouts (Gilley, [0076], “if the collected data indicates that the user will not reach a target performance metric (e.g., target number of calories burned or target heart rate) during a current fitness activity, the lifestyle companion system can increase the intensity or duration of the current fitness activity or a future fitness activity … If the collected data indicates that the user will not reach his fitness goals based on his performance over multiple workouts, the lifestyle companion system can increase the intensity or frequency of future workouts”; [0104]; [0140]). Therefore, in view of Gilley, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method/system described in ‘429, by adjusting duration based on the collected data as taught by Gilley, since the lifestyle companion system can dynamically adapt the user's short-term or long-term goals based on the data collected by adjusting exercise parameter such as (intensity or duration) (Gilley, [0076]).
Claims 1, 15, 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 10 – 11, 15, 20 of copending Application No. 15609084 (‘084) (reference application) in view of Bentley (US 2006/0166737 A1) and Gilley et al. (US 2008/0086318 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the more specific claims of ‘084.
Claims 1, 15, 20 (See claims 1, 2, 10 – 11, 15, 20), except upon receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element; in response to detecting the user performing the exercise, updating the exercise interface to display both a comparison of a form of the user and a desired form of the exercise and a feedback comprising a correction to the form of the user.
Bentley (US 2006/0166737 A1) teaches a system and method for analyzing and improving the performance of an athletic motion such as a golf swing (Bentley, Abstract). Bentley teaches
generating, by a processor, one or more movement scores based on at least a first portion of the motion parameter data of the user performing the athletic movement (Bentley, [0049]; [0128], “The methodology of the invention depends on capturing motion data, processing it into the described parameters relating to body segments and components of the motion, providing a quantitative analysis of each component of motion, and then summing the scores for each component of motion so as to produce a unitary number or "kinetic index" for the performance as a whole”; [0130]), wherein generating the one or more movement scores includes processing the motion parameter data to assess movement of the user performing the athletic movement relative to a desired form of the athletic movement (Bentley, [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form”; [0053]; [0110], “use of overlays of alignment lines relating to the golfer's position, size, posture, and expected motions, so as to make motions and deviations in alignment very apparent in subsequent video presentations of the swing motion”; );
generating, by the processor, a personalized exercise program based on the one or more movement scores, and comprising a plurality of workouts (Bentley, [0038], “those diagnostic parameters can be utilized by indexing a cross reference table of test results and exercises to automatically prescribe to the golfer an assignment of appropriate individualized exercises to improve his or her swing”; Abstract, “based on the results prescribing a user-specific training regime with exercises selected from a library of standardized exercises using standardized tools and training aids”; [0040]);
providing, to the display of the computing device, a graphical user interface that includes a display of the one or more movement scores (Bentley, [0022], “The performance reports provide an objective record of the type and degree of changes in performance that the user has experienced”; [0034], “Calculated diagnostic parameters of interest can be reported on the screen”; [0036]) and an interactive indication of the personalized exercise program that includes one or more exercises, each exercise associated with the one or more movement scores (Bentley, [0004], “Instructional feedback may be comments relative to problems associated with the student's swing, compliments regarding improvement in the student's swing, suggestions on correcting the user's swing, or any”; [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form. The result is then augmented with further visual or audio information and recorded onto another tape for viewing and analysis”; [0086], “Analyze 300 requires analyzing the collected data, and includes accessing a database 700 of related data for comparison and for relating types and degrees of deviations in performance from benchmark values to a library of standard exercises for generating prescriptions of appropriate practice exercises or corrective measures … Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription”; [0092], “Individual systems of the invention work in standalone configurations as individual test and evaluation systems for collecting student performance data, analyzing and comparing student data to a library of performance data including expert performance data, reporting the results, and prescribing corrective exercises”);
upon receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element (Bentley, [0038], “those diagnostic parameters can be utilized by indexing a cross reference table of test results and exercises to automatically prescribe to the golfer an assignment of appropriate individualized exercises to improve his or her swing”; Abstract, “based on the results prescribing a user-specific training regime with exercises selected from a library of standardized exercises using standardized tools and training aids”; [0040]; [0033], “The system interface may instruct the golfer, for example, to address the ball, give a five-second window for the golfer to initiate a swing, etc. Such instructions may in one embodiment be in the form of audible beeps, or synthetic speech or prerecorded voice commands”), selectable elements such as hours available (Bentley, [0040]) and user setup and controls (Bentley, [0043]; [0124])); and
in response to detecting the user performing the exercise, updating the exercise interface to display both a comparison of a form of the user and a desired form of the exercise (Bentley, [0049], “The analysis may include for selected parameters comparing the motion data test value to a pre-defined benchmark value for the same parameter and determining a degree of deviation”; [0117], “present a comparative trace of the present motion or component of motion compared to a prior motion or an expert motion”; [0152], “the system is able to compare the performance results to a catalog of exercises appropriate to the respective parameters and their test result, and provide an automated recommendation or prescription of exercises”) and a feedback comprising a correction to the form of the user (Bentley, [0004], “Instructional feedback may be comments relative to problems associated with the student's swing, compliments regarding improvement in the student's swing, suggestions on correcting the user's swing, or any”; [0014], “The still images are then overlaid with a series of corrected images which include lines depicting proper form. The result is then augmented with further visual or audio information and recorded onto another tape for viewing and analysis”; [0086], “Analyze 300 requires analyzing the collected data, and includes accessing a database 700 of related data for comparison and for relating types and degrees of deviations in performance from benchmark values to a library of standard exercises for generating prescriptions of appropriate practice exercises or corrective measures … Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription”; [0092], “Individual systems of the invention work in standalone configurations as individual test and evaluation systems for collecting student performance data, analyzing and comparing student data to a library of performance data including expert performance data, reporting the results, and prescribing corrective exercises”).
Therefore, in view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method / apparatus / computer program described in ‘084, by prescribing a user-specific training regime as taught by Bentley, in order to provide practice of prescribed drills intended to improve aspects of the motion based on the feedback and score (Bentley, [0038]). In view of Bentley, it would have been obvious to one of ordinary skill in the art, at the time of invention was made, to modify the method / apparatus / computer program described in ‘084, by providing comparison between user and expert motion movement as taught by Bentley, to demonstrate graphically the coordination between hips, shoulders and hand motion; or it may present a comparative trace of the present motion or component of motion compared to a prior motion or an expert motion in order to illustrate the degree of deviation and required improvement to achieve a desired performance level (Bentley, [0117]).
‘084 does not explicitly disclose receiving additional exercise data associated with the user; and modifying, based on the additional exercise data, a duration of a next workout of the plurality of workouts.
Gilley teaches a receiving additional exercise data associated with the user; and modifying, based on the additional exercise data, a duration of a next workout of the plurality of workouts (Gilley, [0076], “if the collected data indicates that the user will not reach a target performance metric (e.g., target number of calories burned or target heart rate) during a current fitness activity, the lifestyle companion system can increase the intensity or duration of the current fitness activity or a future fitness activity … If the collected data indicates that the user will not reach his fitness goals based on his performance over multiple workouts, the lifestyle companion system can increase the intensity or frequency of future workouts”; [0104]; [0140]). Therefore, in view of Gilley, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method/system described in ‘084, by adjusting duration based on the collected data as taught by Gilley, since the lifestyle companion system can dynamically adapt the user's short-term or long-term goals based on the data collected by adjusting exercise parameter such as (intensity or duration) (Gilley, [0076]).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant's arguments filed 6/10/2026 have been fully considered but they are not persuasive.
Applicant argues
This disclosure in Edis is directed to displaying content related to athletic events, not prompting a user to perform an athletic movement, as recited in claim 1. Paragraph [0037] of Edis describes the system displaying "information for officials such as referees, judges, coaches, trainers, and doctors to monitor athletes at an event." (Edis, ,i [0037]). Again, this disclosure in Edis relates to displaying information about athletes for officials to monitor, not prompting a user to perform an athletic movement. movement. Likewise, the disclosure in paragraph [0071] of Edis does not disclose presenting to a display a prompt for a user to perform an athletic movement and, instead, describes storing or displaying identified pre-identified motions or outcomes by overlaying analysis on a screen. (See Edis, ¶ [0071]). Thus, Applicant submits that Edis fails to disclose the claimed ''presenting." Bentley and Gilley fail to cure the deficiencies of Edis; nor does the Office rely on Bentley and Gilley to allegedly show this feature. Accordingly, the proposed combination fails to teach the ''presenting, to a display of a computing device, a prompt for a user to perform an athletic movement" recited in claim 1.
The examiner submits that in para. [0013], Edis states “The method has a computer that receives a real-time video data of the boxer. The computer receives data from a visualization engine, wherein the data comprises a real-time hand analysis data, and wherein the real-time hand analysis data comprises data identified by the analysis engine as one of a pre-identified outcome stored in a database corresponding to the data from the accelerometer and the gyroscope. The computer simultaneously displays the real-time video data and the real-time hand analysis data” and para. [0036], “real-time information for officials and advanced athletic training programs”; [0084], “The computer can even give the trainee instructions on how to improve. A trainee can also use the information to improve the force of his punch”. The computer in Edis is capable of providing an athletic training program (“prompts”), a real-time hand analysis data (to “prompting”) and providing improvement instructions in a future time (“prompts”).
Applicant argues
the cited paragraph of Bentley describes an automatic prescription, wherein Bentley's system generates exercises based on diagnostic parameters (Id.), but the cited passage of Bentley does not teach or suggest that the exercises are prescribed upon receiving a user interaction with a selectable element. Additionally, paragraph [0040] of Bentley describes the golfer indicating "how much time the golfer has available to perform the exercises, and based on that information, the system can recommend which ones to perform." (Bentley, ¶ [0040]). Accordingly, the cited disclosure of Bentley describes a user inputting time availability, after which Bentley's system recommends exercises, but again, Bentley's system performs the selection. But the cited disclosure of Bentley does not teach or suggest the user interacting with a selectable element of an exercise program, let alone providing an exercise interface that displays an exercise upon receiving the user interaction. In short, Bentley's system automatically generates a prescription of exercises, and the user then practices those exercises offline. (Bentley, ¶ [0086] ("Prescribe 500 requires the documentation and delivery of a program or regime of type and time or quantity of performance parameter-specific exercises. Finally, exercise 600, requires the user to practice the exercises or corrective measures in accordance with the prescription.")). Nowhere does Bentley describe a user interface where a personalized exercise program is presented with selectable elements that the user can interact with to provide an exercise interface displaying a specific exercise. Accordingly, the proposed Edis-Bentley-Gilley combination fails to teach "upon receiving a user interaction with a selectable element of the personalized exercise program, providing an exercise interface that displays an exercise associated with the selectable element," as recited in claim 1.
First, the claims merely require interacting with a selectable element and providing a personalized exercise based on the result of the interactions. There is nothing in the claims to specify how the personalized exercise is being generated. Furthermore, Bentley teaches a computer interface with interactive elements shown on the display (Bentley, [0033], “The system interface may instruct the golfer, for example, to address the ball, give a five-second window for the golfer to initiate a swing, etc. Such instructions may in one embodiment be in the form of audible beeps, or synthetic speech or prerecorded voice commands”), selectable elements such as hours available (Bentley, [0040]) and user setup and controls (Bentley, [0043]; [0124]). Second, the examiner submits that Applicant’s own invention also automatically generates a personalized exercise program based on the user interaction of some parameters. For example, Applicant’s own published application, [0113], “The computer 102 may consider the number of exercise sessions the user is willing to do per week in combination with the human movement screen score to generate a workout program”. Applicant’s argument with respect to “personalize exercise program” is inconsistent with his/her specifications.
Applicant argues
Gilley fails to teach or suggest modifying a "duration" of a "next workout," as recited in claim 1. A careful reading of paragraph [0076] of Gilley reveals that it describes three distinct scenarios, none of which teaches the claimed "modifying' the duration of a next workout. First, Gilley states that "if the collected data indicates that the user will not reach a target performance metric (e.g., target number of calories burned or target heart rate) during a current fitness activity, the lifestyle companion system can increase the intensity or duration of the current fitness activity or a future fitness activity." (Gilley, ¶ [0076]). Although this passage in Gilley mentions "duration," the cited disclosure of Gilley relates to a current fitness activity. While "a future fitness activity" is mentioned in the same paragraph, the passage does not teach or suggest that the "duration" applies to the future activity, and in any event does not teach modifying the duration of a "next workout" within a personalized exercise program comprising a plurality of workouts as recited in claim … Second, Gilley states that "[i]f the collected data indicates that the user experienced activity levels over a predetermined period of time (e.g., during one day or over a number of days) that are lower than recommended or lower than that needed (e.g., to reach the user's weight loss goal), the lifestyle companion system can increase the level or intensity of future workout(s)." Id Notably, this scenario describes increasing only a "level or intensity" of future workouts, but there is no mention in Gilley of modifying a duration of the future workout … his scenario in Gilley describes increasing only an "intensity or frequency" of future workouts-not the duration of the future workout.
The examiner disagrees with applicant’s assessment. Para. [0076] should be read as “if the collected data indicates that the user will not reach a target performance metric (e.g., target number of calories burned or target heart rate) during a current fitness activity, the lifestyle companion system can increase (1) the intensity or (2) duration) of (a) the current fitness activity or (b) a future fitness activity)” (the parenthesis and alphanumerical are added for illustrations). Gilley suggests that options: 1) increasing intensity or 2) increase duration can be applied to a) current fitness activity or b) a future fitness activity based on the target performance metric.
Applicant argues
Claim 5 recites two specific elements that Brown does not teach: (a) analyzing historical calendar data; and (b) calculating a probable availability from that historical data. Brown's scheduling feature involves user-driven input of preferred times and checking current calendar conflicts-not a predictive analysis of historical calendar patterns.
Brown states in col. 7, lines 24 – 36, “Cumulative fitness activity over a selected time period is preferably computed from summing previously accumulated fitness activity for the selected time period with the current fitness activity. In summing the previously accumulated fitness activity and current fitness activity, computer system 10 may adjust the cumulative total to more closely reflect the fitness gained as a result of exercising on multiple machines over a period of time. For example, if a user exercises for an hour across three different exercise machines, the amount of calories burned by the user actually increases with prolonged exercise over a particular amount of time determined for that user and therefore is adjusted in the cumulative fitness activity.” The cumulative fitness activity (i.e., historical calendar data) can be used to reserve the exercise machine from available schedule (col. 7, lines 12 - 51).
Conclusion
THIS ACTION IS MADE FINAL. 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 JACK YIP whose telephone number is (571)270-5048. The examiner can normally be reached Monday thru Friday; 9:00 AM - 5:00 PM EST.
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, XUAN THAI can be reached at (571) 272-7147. 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.
/JACK YIP/Primary Examiner, Art Unit 3715
Prosecution Insights