DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 27-31, 35-39, 42-44 and 45 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "a second affordance" in line 4 which is indefinite because neither claim 4, nor claim 2, recite a first affordance. Therefore, it is unclear if two affordances are required.
Claims 27 recites the limitation "a second variable visual characteristic" in in line 2 which is indefinite because neither claim 27, nor claim 2, recite a first variable visual characteristic. Is it unclear if two variable visual characteristics are required.
Claims 28-31 inherit the same deficiency.
Claim 35 recites the limitation "a third affordance" in line 9 which is indefinite because neither claim 35 nor claim 2 recite a first or second affordance. Therefore, it is unclear whether three affordances are required.
Claim 35 recites the limitation "progressing to the breathing phase of the breathing sequence" in lines 10-11 is indefinite because this step occurs after completion of the breathing phase is detected, as recited in line 5. It is unclear how one could proceed to a breathing phase that has already been completed.
Claim 36-39 inherit the same deficiencies.
Claim 42 recites the limitation "receiving a second signal during the breathing sequence;" in line 3 which is indefinite because neither claim 42 nor claim 2 recite a receiving a first signal. Therefore, it is unclear whether two signals are required.
Claims 43 and 44 inherit the same deficiency.
Claim 45 recites the limitation "a fourth affordance" in line 6 which is indefinite because neither claim 45 nor claim 2 recite a first, second or third affordance. Therefore, it is unclear whether four affordances are required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 5, 7-9, 15, 17-19, 24-30, 46 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014) and further in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014).
Regarding claim 2, Kotlyar discloses an electronic device (“iPhone” Paragraph [0021]), comprising a display (Wikipedia evidences the iPhone has display, Page 1); one or more processors (Wikipedia, Page 1); memory (Wikipedia, Page 1); and one or more programs (Wikipedia, Page 2, “apps”), wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors (Wikipedia, Page 2, “apps”, Kotlyar, “software as an application program”, Paragraph [0017] ), the one or more programs including instructions for displaying, on the display, a configuration user interface (Kotlyar, “breath management” software program [0021]; exercise panel showing exercise and time options [0022]), wherein the configuration user interface comprises a prompt to select a duration of a breathing sequence (Kotlyar, Paragraph [0018]); in response to receiving a set of one or more user inputs including a first user input, adjusting the duration of the breathing sequence to the selected duration (Kotlyar, Paragraph [0018]); initiating a first breathing phase of the breathing sequence (Kotlyar, Paragraph [0025]); during the breathing phase of the breathing sequence displaying, on the display, a first version of a progress indicator (Kotlyar, Figs. 3-4 and Paragraph [0026]) and fluctuating the first version of the progress indicator in accordance with the first number of cycles (Kotlyar, Paragraph [0026]).
Kotlyar discloses receiving a second user input (Kotlyar, Paragraphs [0017] and [0021]) but does not disclose in response to receiving the second user input, determining whether the second user input meets a breathing sequence interrupt criteria; in accordance with a determination that the second user input meets the breathing sequence interrupt criteria, ending the breathing phase of the breathing sequence; subsequent to ending the breathing phase of the breathing sequence, navigating to a user interface that is not associated with a breathing application for conducting the breathing sequence; subsequent to navigating to the user interface that is not associated with the breathing application, receiving a third user input selecting the breathing application; and in response to receiving the third user input selecting the breathing application, displaying, on the display, an interrupted session user interface that corresponds to the breathing sequence that was interrupted. Loveless discloses the iPhone freezes an application when it is in the background upon a user hitting the home button (Loveless, Page 3-4). If a user was running the breath management software of Kotlyar on an iPhone, and the user was to hit the home button on the iPhone, the breath management software would move to the background of the phone, which would freeze the application and bring up the home screen. Once the user moved to select the breath management software again, the iPhone would bring the software up from the background to its previous state. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the electronic device as taught by Kotlyar, with in response to receiving the second user input, determining whether the second user input meets a breathing sequence interrupt criteria; in accordance with a determination that the second user input meets the breathing sequence interrupt criteria, ending the breathing phase of the breathing sequence; subsequent to ending the breathing phase of the breathing sequence, navigating to a user interface that is not associated with a breathing application for conducting the breathing sequence; subsequent to navigating to the user interface that is not associated with the breathing application, receiving a third user input selecting the breathing application; and in response to receiving the third user input selecting the breathing application, displaying, on the display, an interrupted session user interface that corresponds to the breathing sequence that was interrupted as taught by Loveless, since such a modification would already be part of the iPhone software processes (Loveless, Page 3-4).
Regarding claim 5, Kotlyar, as modified in claim 2, further discloses adjusting the number of cycles of the breathing sequence, causes appearance of the first version of the progress indicator or appearance of the second version of the progress indicator to change, respectively (Kotlyar, Paragraph [0026], discloses the number of cycles or actions remaining can be displayed as part of the progress indicator; this number would change based on the user input of the first or second number of cycles therefore the appearance of the progress indicator would also change based on the user input of the first or second number of cycles).
Regarding claim 7, Kotlyar, as modified in claim 2, further discloses the one or more programs further including instructions for prior to initiating the breathing phase of the breathing sequence, receiving a fourth user input (Paragraph [0025], selecting “start exercise”); and in response to receiving the fourth user input, progressing to the breathing phase of the breathing sequence (Paragraph [0025]).
Regarding claim 8, Kotlyar, as modified in claim 2, further discloses each cycle of the predetermined number of cycles comprises a first period of time (Paragraph [0022], inhalation phase) and a second period of time (Paragraph [0022], exhalation phase) distinct from the first period (Paragraph [0022]), and wherein fluctuating the first or the second version of the progress indicator comprises, during each cycle of the selected number of cycles, changing, at a start of the first period of time, a first variable visual characteristic of the progress indicator (Figs. 3-4; circle starts small and increases in size during inhalation phase; circle decreases in size during exhalation phase Figs. 3-4 and Paragraph [0020]); and changing, at the start of the second period of time, the first variable visual characteristic of the progress indicator (Figs. 3-4; circle starts small and increases in size during inhalation phase; circle decreases in size during exhalation phase, Figs. 3-4 and Paragraph [0020]).
Regarding claim 9, modified Kotlyar further discloses wherein the first variable visual characteristic is a size of the displayed progress indicator (Paragraph [0020]), wherein changing, at the start of the first period of time, the first variable visual characteristic comprises increasing the size of the displayed progress indicator(Paragraph [0020]), and wherein changing, at the start of the second period of time, the first variable visual characteristic comprises decreasing the size of the displayed progress indicator (Figs. 3-4; circle starts small and increases in size during inhalation phase; circle decreases in size during exhalation phase, figs. 3-4 and Paragraph [0020]).
Regarding claim 15, modified Kotlyar further discloses fluctuating the first version of the progress indicator comprises displaying, on the display, the first version of the progress indicator in a first state, animatedly transitioning, during a first segment of time, the first version of the progress indicator from the first state to a second state (Figs. 3-4; circle starts small and increases in size during inhalation phase; circle decreases in size during exhalation phase, Figs. 3-4 and Paragraph [0020]).; and animatedly transitioning, during a second segment of time, the first version of the progress indicator from the second state to the first state (Figs. 3-4; circle starts small and increases in size during inhalation phase; circle decreases in size during exhalation phase, Figs. 3-4 and Paragraph [0020]).
Regarding claim 17, modified Kotlyar further discloses the first version of the progress indicator fluctuates at a first cyclic rate (as defined by the selected times and repetitions (Paragraphs [0022]-[0023]).
Regarding claim 18, modified Kotlyar further discloses receiving a value of the first cyclic rate; and in response to receiving the value of the first cyclic rate, setting the first cyclic rate to the received value (receiving a selected time for each cycle and number of repetitions amounts to a value for the cyclic rate and the system sets the first cyclic rate to this value in order to fluctuate the visual display at the proper rate, Paragraphs [0022]-[0023] and [0026]).
Regarding claim 19, modified Kotlyar further discloses the first cyclic rate is a predetermined number of cycles per unit of time (Paragraph [0022], user selects the number of repetitions and the system determines the total exercise time, which amounts to a predetermined number of cycles per unit of time).
Regarding claim 24, Examiner notes any breathing exercise performed prior to other breathing exercises constitutes a “preliminary” phase of the breathing sequence. Modified Kotlyar further discloses the breathing sequence can be completely customized with different cycles repeated a certain number of times with the same or different durations (Paragraphs [0017] and [0021]) and further discloses the user can specify all portions of the breathing sequence including number of cycles and images displayed (Paragraph [0022]; “selected animated image”, Paragraph [0026]) therefore 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 electronic device of modified Kotlyar to include steps of prior to initiating the breathing phase of the breathing sequence: initiating a preliminary phase of the breathing sequence; and during the preliminary phase of the breathing sequence: displaying, on the display, a second version of the progress indicator; and fluctuating the second version of the progress indicator in accordance with a preliminary number of cycles, because such steps amount to merely repeating the steps already disclosed in order to create a completely customized breathing sequence. It further would have been obvious to change the progress indicator so a user would know which phase of the sequence they are in and/or based on personal preference and/or to avoid becoming desensitized to the same image throughout the entire sequence.
Regarding claim 25, modified Kotlyar further discloses the preliminary number of cycles is independent of the first and the second number of cycles (as noted above, the breathing sequence can be completely customized with different cycles repeated a certain number of times with the same or different durations, Paragraphs [0017] and [0021]); all durations are set by the user individually and are therefore independent of each other (Paragraph [0022]).
Regarding claim 26, modified Kotlyar further discloses the breathing sequence can be completely customized with different cycles repeated a certain number of times with the same or different durations (Paragraph [0017] and [0021]) and further discloses the user can specify all portions of the breathing sequence including number of cycles and images displayed (Paragraph [0022]; “selected animated image”, Paragraph [0026]). Kotlyar fails to explicitly disclose the second version of the progress indicator fluctuates at a second cyclic rate greater than the first cyclic rate. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the electronic device of modified Kotlyar such that the second cyclic rate is greater than the first cyclic rate, since such a modification merely depends on the desires of the user and the cyclic rates can be set to any desired value by the user. Going from a greater cyclic rate to a lower cyclic rate would make sense if the user is starting the exercise with a higher initial breathing rate.
Regarding claim 27, modified Kotlyar further discloses the first version of the progress indicator comprises a second variable visual characteristic (Paragraphs [0017] and [0021]), the one or more programs further including instructions for: further in response to receiving the first or the second user input, selecting an initial state of a second variable visual characteristic in accordance with the selected number of cycles (Kotlyar discloses the number of cycles or actions remaining can be displayed, Paragraph [0026]; this amounts to a second variable visual characteristic that changes as the user progresses through the exercise; in response to receiving a selection of the number of cycles, an initial state of the second variable visual characteristic will be displayed (e.g. a number)).
Regarding claim 28, modified Kotlyar further discloses during the breathing phase of the breathing sequence: detecting completion of a portion of the selected number of cycles; and in response to detecting completion of the portion of the selected number of cycles, changing the second variable visual characteristic of the progress indicator (these steps are inherent for displaying a remaining number of cycles, as disclosed by Kotlyar, Paragraph [0026]).
Regarding claim 29, modified Kotlyar further discloses detecting completion of the portion of the selected number of cycles comprises: determining whether the progress indicator has fluctuated in accordance with a predetermined number of cycles (Paragraph [0026], counting down is inherently tied with the progress indicator fluctuating in accordance with a predetermined number of cycles; if, for example, ten cycles remain out of a desired 15, the system knows the progress indicator has fluctuated through five cycles).
Regarding claim 30, modified Kotlyar further discloses detecting completion of the portion of the selected number of cycles comprises: determining whether a predetermined amount of time has passed during the first or the second breathing phase of the breathing sequence (Paragraph [0026], system tracks and displays exercise time as well as remaining actions and remaining action durations, therefore the system determines whether a predetermined amount of time has passed during the first or the second breathing phase of the breathing sequence).
Regarding claim 46, Kotlyar discloses the electronic device can be an iPhone (Paragraph [0021]) and Wikipedia evidences the iPhone comprises a non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device with a display (Wikipedia, Pages 1-2). Kotlyar, as evidenced by Wikipedia, in view of Loveless, is obvious over the instructions of claim 46 which were previously recited in claim 2 (See claim 2 rejection supra).
Regarding claim 47, Kotlyar, as evidenced by Wikipedia, in view of Loveless, discloses the steps of the computer-implemented method in the rejection of claim 2 supra.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014) as applied to claim 2 above, and further in view of MacRumors.com (“How to use the activity and workout apps on apple watch”, May 4, 2015).
Regarding claim 3, Kotlyar, as modified in claim 2, does not disclose the interrupted session user interface includes an indication of a completed number of cycles, wherein the completed number of cycles includes the number of cycles, of the predetermined number of cycles, that the progress indicator fluctuated in accordance with after the breathing phase was initiated and before the second user input was received. MacRumors discloses that upon determining whether the user input meets an interrupt criteria (long pause brings up display screen shown on Page 5; this pauses the workout which inherently interrupts and thus determines whether the user input meets an interrupt criteria); ending the breathing phase of the breathing sequence (Page 5, selecting “end” will end the exercise session “ending your workout”; this could also be interpreted as the interrupt criteria); subsequent to ending the workout, displaying, on the display, a workout summary (Page 5 “ending your workout”). 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 electronic device of modified Kotlyar to include displaying, on the display, an indication of a completed number of cycles, wherein the completed number of cycles includes the number of cycles, of the predetermined number of cycles, that the progress indicator fluctuated in accordance with after the breathing phase was initiated and before the second user input was received because macrumors.com already discloses you can interrupt an exercise or activity running on the device in response to user input meeting an interrupt criteria, and subsequently display a summary of the completed portion of the exercise, therefore such a modification amounts to combining prior art elements according to known methods to achieve predictable results.
Claims 4, 20-23, 35, 36, 38-41 is rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014) as applied to claim 2 above, and further in view of “Breathe Deeply Now!” App (described in the following references WindowsUnited ““Breathe Deeply Now!” Please take a deep breath and relax”, published October 4th, 2014, machine translated from German (citation 90 in the IDS filed 7/28/2023) and APPX4FUN (description of the “Breathe Deeply Now!” app including screenshots and indicating the latest version was released February 15th, 2015 (citation 10 in the IDS filed 7/28/2023) as evidenced by Tiles and Toasts (“Toast Notification and Action Center overview for Windows 10” published August 18, 2015 (citation 86 in the IDS filed 7/28/2023)). Note: copies of the “WindowsUnited, APPX4FUN, and “Tiles and Toasts” references are all provided in priority Application 15/372,133.
Regarding claim 4, Kotlyar, as modified in claim 2, fails to disclose the one or more programs further including instructions for subsequent to ending the breathing phase of the breathing sequence: displaying, on the display, a second affordance; receiving user input selection of the second affordance; and in response to the user input selection of the second affordance, displaying, on the display, the configuration user interface. However, these steps amount to nothing more than prompting a user to perform a subsequent breathing exercise by displaying an affordance and the user selecting the affordance to open the app to configure and start the exercise. “Breathe Deeply Now!” discloses a similar software implemented program for running on a mobile phone which prompts a user to breathe at a particular frequency at preset intervals, as set by the user (see APPX4FUN document screenshots). The app displays a notification to the user when it is time to perform a breathing exercise (live tile and/or toast notifications (APPX4FUN screenshots). A toast notification comprises a first affordance; user input selection of the first affordance takes the user into the app such that a configuration user interface is displayed (see Tiles and Toasts, section titled “toast notifications - what are they for?” which states selecting a toast notification takes a user into the app directly to the page in the app with the right context). 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 electronic device of modified Kotlyar to further include the one or more programs further including instructions for subsequent to ending of the breathing phase of the breathing sequence, displaying, on the display, a second affordance; receiving user input selection of the second affordance; and in response to the user input selection of the second affordance, displaying, on the display, the configuration user interface as taught by “Breathe Deeply Now!” because these steps amount to nothing more than prompting a user to perform a subsequent breathing exercise and performing the breathing exercises repeatedly throughout the day will result in a greater effect.
Regarding claim 20, modified Kotlyar fails to disclose the one or more programs further including instructions for prior to displaying, on the display, the configuration user interface, determining whether prompting criteria has been met; in accordance with a determination that the prompting criteria has been met, displaying, on the display, a prompt that comprises a first affordance; receiving user input selection of the first affordance; and in response to receiving the user input selection of the first affordance, displaying, on the display, the configuration user interface.
However, the “Breathe Deeply Now!” app is a similar software implemented program for running on a mobile phone which prompts a user to breathe at a particular frequency at preset intervals, as set by the user (see APPX4FUN document screenshots). The app provides a notification to the user when it is time to perform a breathing exercise (live tile and/or toast notifications (APPX4FUN screenshots)). Providing a toast notification to the user inherently includes the steps of determining whether a prompting criteria has been met before displaying the configuration user interface to the user since prompting takes place before the program is used and some criteria would have to be met in order for the system to send the prompt. A toast notification comprises a first affordance; user input selection of the first affordance takes the user into the app such that a configuration user interface is displayed (see Tiles and Toasts, section titled “toast notifications - what are they for?” which states selecting a toast notification takes a user into the app directly to the page in the app with the right context). 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 electronic device of modified Kotlyar to further include the one or more programs further including instructions for prior to displaying, on the display, the configuration user interface, determining whether prompting criteria has been met; in accordance with a determination that the prompting criteria has been met, displaying, on the display, a prompt that comprises a first affordance; receiving user input selection of the first affordance; and in response to receiving the user input selection of the first affordance, displaying, on the display, the configuration user interface as taught by the “Breathe Deeply Now!” App and “Tiles and Toasts” as such would ensure the user does not forget to perform the breathing exercise at the desired times.
Regarding claim 21, the “Breathe Deeply Now!” App can prompt a user to breathe hourly (see APPX4FUN screenshots). Prompting hourly requires the system to keep track of time and prompt the user each hour, which amounts to determining whether an hour has passed after a time associated with a previous breathing sequence (note: a time associated with a previous breathing sequence can merely be a time the system prompted the user to perform a breathing exercise, regardless of whether the exercise was actually performed).
Regarding claims 22 and 23, the “Breathe Deeply Now!” app can be set to notify the user to perform breathing exercises hourly (see APPX4FUN screenshots), however the App description does not specifically disclose whether that hour is measured from a time associated with a beginning time associated with the previous breathing sequence or a time associated with a completion time associated with the previous breathing sequence. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to measure the time between breathing sequences from any of these times, since the predetermined time associated with the prompting frequency is approximate (as indicated by the tilde next to the prompting frequency setting in the screenshot document) and because measuring the time between breathing sequences from any one of these times would not be expected to provide a significantly better or worse outcome to a user than measuring from one of the other times, since the user would still be prompted to perform the breathing exercises the desired number of times throughout the day
Regarding claim 35, modified Kotlyar fails to disclose the one or more programs further including instructions for: determining an determining an aggregate amount of time representing a completed number of cycles of the breathing sequence over a goal period; in response to detecting completion of the first or the second breathing phase of the breathing sequence, displaying, on the display, a completion interface comprising: an indication of the aggregate amount of time; and a third affordance; receiving user input selection of the third affordance; and in response to receiving the user input selection of the third affordance, progressing to the first or the second breathing phase of the breathing sequence. However, the “Breathe Deeply Now!” app determines an aggregate amount of time representing a completed number of cycles of the breathing sequence over a goal period; in response to detecting completion of the first or the second breathing phase of the breathing sequence, displaying, on the display, a completion interface comprising: an indication of the aggregate amount of time (see APPX4FUN screen shots showing graph of daily breathing time over past several days). It would have been obvious to one of in ordinary skill the art before the effective filing date of the claimed invention to modify the electronic device of modified Kotlyar to include determining an aggregate amount of time representing a completed number of cycles of the breathing sequence over a goal period and in response to detecting completion of the first or the second breathing phase of the breathing sequence, displaying, on the display, a completion interface comprising an indication of the aggregate amount of time, as taught by “Breathe Deeply Now!” in order to inform the user of their progress.
Furthermore, 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 electronic device of modified Kotlyar in view of “Breathe Deeply Now!” to further display a third affordance wherein selection of the third affordance progresses to the first or second breathing phase of the breathing sequence as such amounts to merely repeating the prior steps if a user wishes to breathe again.
Regarding claim 36, modified Kotlyar further discloses detecting completion of the first or second breathing phase by detecting the total number of cycles has elapsed (Paragraphs [0023] and [0026]). Since the total number of cycles determines the total amount of time of a particular breathing phase, this is equivalent to determining a predetermined amount of time has elapsed.
Regarding claim 38, “Breathe Deeply Now!” discloses the goal period is the current day (see APPX4FUN screenshots showing aggregate amount of time over course of each day, most recent day is considered the current day).
Regarding claim 39, modified Kotlyar further discloses the first version of the progress indicator fluctuates at a first cyclic rate (as determined by inputs from the user, Paragraph [0022]). 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 electronic device of modified Kotlyar such that the aggregate amount of time is determined based on the first cyclic rate since any mechanism for calculating an aggregate amount of time, whether from the cyclic rate or phase durations added together amounts to the same result and would not materially affect the mechanism of operation or function. Both options represent known and obvious alternatives of determining the total duration of a program.
Regarding claim 40, modified Kotlyar fails to disclose determining an aggregate amount of time representing a completed number of cycles of the breathing sequence over a goal period for each of a plurality of goal periods; and displaying, on the display, a summary interface comprising an indicator for each of the plurality of goal periods, wherein the indicator for each of the plurality of goal periods represents the determined aggregate amount of time for its respective goal period of the plurality of goal periods. However, “Breathe Deeply Now!” discloses determining an aggregate amount of time representing a completed number of cycles of the breathing sequence over a goal period for each of a plurality of goal periods; and displaying, on the display, a summary interface comprising an indicator for each of the plurality of goal periods, wherein the indicator for each of the plurality of goal periods represents the determined aggregate amount of time for its respective goal period of the plurality of goal periods (see APPX4FUN screen shots, graph of overall breathing times over several days). 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 electronic device of modified Kotlyar to include determining an aggregate amount of time representing a completed number of cycles of the breathing sequence over a goal period for each of a plurality of goal periods; and displaying, on the display, a summary interface comprising an indicator for each of the plurality of goal periods, wherein the indicator for each of the plurality of goal periods represents the determined aggregate amount of time for its respective goal period of the plurality of goal periods, as taught by “Breathe Deeply Now!” in order to provide the user with more information regarding their health and use of the breathing program.
Regarding claim 41, “Breathe Deeply Now!” discloses each goal period is a day (see APPX4FUN screen shots, graph of overall breathing times over several days) but fails to disclose the plurality of goal period is seven days (instead showing five days on the graph). However, 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 electronic device of modified Kotlyar such that the plurality of goal periods is seven days instead of five, as such amounts to merely changing the period of time shown on the graph, and a period of seven days is an obvious amount of time since it is equivalent to one week.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014) as applied to claim 2 above, and further in view of Jang (US 20100035669 A1).
Regarding claim 6, modified Kotlyar discloses an embodiment with control knobs 4 for receiving the user input (Paragraph [0018]) and discloses the user may enter desired times (Paragraph [0022]) and may type or select the number of cycles (Paragraph [0023]) but fails to disclose a rotatable input mechanism in the software embodiment. However, Jang discloses a smartphone device comprising a rotatable input mechanism “117” (wheel or jog dial) configured to receive a “scroll” command (Fig. 1A and Paragraph [0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a rotatable input mechanism as taught by Jang as part of the electronic device of modified Kotlyar, and to use the rotatable input device to provide the first and second user input for adjusting the number of cycles because Jang discloses a rotatable input is a known technique for receiving inputs on a cellular phone, therefore such a modification amounts to combining prior art elements according to known methods to yield predictable results.
Claim 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014) as applied to claim 8 and 15 above, and further in view of Noguchi (US 20030171643 A1).
Regarding claims 10 and 16, modified Kotlyar discloses the user can select any desired time for in inhalation and exhalation (Paragraph [0022]), but fails to explicitly disclose the exhalation phase (second period of time) is greater than the inhalation phase (first period of time). However, Noguchi discloses a respiration leading system and notes it is important to set the exhaling time longer than the inhaling time to induce relaxation (Noguchi, Paragraph [0008]). Therefore, 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 electronic device of modified Kotlyar so that the exhalation phase (second period of time) is greater than the inhalation phase (first period of time) in order to induce relaxation, as taught by Noguchi (Paragraph [0008]).
Claim(s) 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014) as applied to claim 8 above, and further in view of Noguchi (US 20030171643 A1) and Mault (US 20040254501 A1).
Regarding claim 11, modified Kotlyar discloses, during breathing phase of the breathing sequence, outputting one or more breathing cues according to a profile (Paragraph [0022]), but fails to disclose a haptic output device and a haptic profile. However, Noguchi discloses a respiration leading system including a haptic output device for generating a respiration leading signal pattern (Noguchi, Paragraph [0083]). The amplitude and/or frequency of the haptic feedback changes according to the inhalation and exhalation cycle, and therefore is output according to a haptic profile (Noguchi, Paragraph [0084]). 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 electronic device of modified Kotlyar to include a haptic feedback device outputting one or more haptic breathing cues according to a haptic profile, as taught by Noguchi, as such amounts to simple substitution of one known feedback mechanism (visual display) for another (haptic output) to achieve predictable results (leading a user through the breathing cycle).
Noguchi discloses the haptic output device is contained within a chair, and fails to disclose the device comprising a display includes the haptic output device. However, Mault discloses feedback regarding physiological parameters can be provided by a vibration function of a wireless phone (Mault, paragraph [0032]). 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 electronic device of modified Kotlyar in view of Noguchi so that the haptic output device is provided as part of the device with a display (for example a mobile phone), as taught by Mault, in order to provide a stand-alone device that can be used anywhere and because conventional mobile phones already include a vibration function.
Regarding claim 12, Noguchi further discloses outputting the one or more haptic breathing cues according to the haptic profile comprises outputting a first plurality of haptic breathing cues at a first frequency between cues during the first period of time; and outputting a second plurality of haptic breathing cues at a second frequency between cues during the second period of time (Noguchi, Paragraph [0084], frequency of the haptic output is increased during inhalation and decreased during exhalation).
Regarding claim 13, Noguchi discloses the first frequency between cues is an increasing frequency and the second frequency between cues is a decreasing frequency (Noguchi, Paragraph [0084]). Noguchi fails to disclose the second frequency between cues is a constant frequency. However, 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 electronic device of modified Kotlyar in view of Noguchi to so that the second frequency between cues is a constant frequency, rather than a decreasing frequency, because the feedback would still guide the user through the desired breathing phase and amounts to a user preference that would not materially affect the operation.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014), Noguchi (US 20030171643 A1) and Mault (US 2004/0254501 A1) as applied to claim 11 above, and further in view of Kuo (US 20070129883 A1) or Jayasinghe (US 20090322686 A1).
Regarding claim 14, modified Kotlyar discloses, during the breathing phase of the breathing sequence, outputting haptic one or more breathing cues according to a haptic profile (see claim 11 supra), but fails to disclose outputting, at the start of the first period of time, a first number of haptic breathing cues; and outputting, at the start of the second period of time, a second number of haptic breathing cues, wherein the first number and the second number are different. However, it is known to use different haptic cues to convey information to a user. For example, Kuo discloses using different vibration patterns to signal an upcoming turn such as vibrating once to indicate “turn left” and vibrating twice to indicate “turn right” (Kuo, Paragraph [0036]). Jayasinghe discloses using different vibration patterns to indicate how much time has elapsed on a timer, such as vibrating once after a first time period and vibrating twice after a second time period (Jayasinghe, Paragraph [0016]). 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 electronic device of modified Kotlyar to signal changes in the breathing cycle to the user by vibrating a different number of times at the start of a first period and the start of a second period, because Kuo and Jayasinghe disclose it is known to convey information to a user by outputting a haptic cue a certain number of times for one message and a second different number of times for a second message, and such would allow the user to close their eyes during the breathing exercise which may help them achieve a more relaxed state.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014), as applied to claim 28 above, and further in view of Zuberec (US 20050165609 A1).
Regarding claim 31, modified Kotlyar fails to disclose the first version of the progress indicator comprises a plurality of graphical elements, and wherein changing the second variable visual characteristic of the progress indicator comprises changing a number of the displayed graphical elements of the plurality of graphical elements. However, Zuberec discloses a visual display of a countdown comprising a plurality of graphical elements (dots) and changing a number of the displayed graphical elements of the plurality of graphical elements to indicate time remaining (Zuberec, Figs. 7a-c; Paragraphs [0059]-[0061]). 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 electronic device of modified Kotlyar so that the first of the progress indicator comprises a plurality of graphical elements, and wherein changing the second variable visual characteristic of the progress indicator comprises changing a number of the displayed graphical elements of the plurality of graphical elements, as taught by Zuberec, because such a modification amounts to simple substitution of one known visual countdown indicator for another to achieve predictable results of informing a user of remaining time or cycles.
Claims 32 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014), as applied to claim 2 above, and further in view of “Hear and Now” (described in “Relax, breathe deep and regain focus with Hear and Now” by Sandy Stachowiak, 6 January 2016; provided in priority application 15/372,133).
Regarding claim 32, modified Kotlyar fails to disclose the device includes a sensor, the one or more programs further including instructions for: receiving a first signal from the sensor during the first or the second breathing phase of the breathing sequence; determining an estimated heart rate based at least in part on the received first signal; and displaying, on the display, an indication of the estimated heart rate. However, “Hear and Now” also discloses recording and displaying the heart rate in conjunction with a breathing exercise program (see screenshots in “Hear and Now” document and section titled “The Hear and Now process”). The program runs on a mobile phone which sues the camera and flash as a sensor for receiving the heart rate signal. The estimated heart rate is displayed on the screen (see screenshots in “Hear and Now” document and section titled “The Hear and Now process”). 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 electronic device of modified Kotlyar to include receiving a first signal from the sensor during the first or the second breathing phase of the breathing sequence; determining an estimated heart rate based at least in part on the received first signal; and displaying, on the display, an indication of the estimated heart rate as taught by “Hear and Now” in order to provide a clearer picture to the user of their health and whether the program is helping them achieve their health goals.
Regarding claim 33, “Hear and Now” discloses displaying several health statistics subsequent to completion of the breathing phase (see screen shots in “Hear and Now” document) and discloses displaying an indication of the estimated heart rate during a breathing exercise, but does not explicitly teach displaying the estimated heart rate subsequent to completion of the breathing phase. However, 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 electronic device of modified Kotlyar as modified by “Hear and Now” in claim 32 so that the indication of the estimated heart rate is displayed subsequent to completion of the breathing phase, as such a modification amounts to merely changing when the information is displayed and without modifying the underlying function or operation.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014), as applied to claim 28 above, and further in view of Cannon (US 20140018049 A1).
Regarding claim 34, modified Kotlyar fails to disclose suppressing, during the breathing phase of the breathing sequence, output of at least a subset of alerts that the device is configured to output. However, Cannon discloses suppressing output of at least a subset of alerts while showing other content on a display screen (Cannon, Paragraph [0019]). 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 electronic device of modified Kotlyar to suppress, during the breathing phase of the breathing sequence, output of at least a subset of alerts that the device is configured to output, as taught by Cannon, in order to ensure the user is not disturbed while breathing.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014) and “Breathe Deeply Now!” App (described in the following references WindowsUnited ““Breathe Deeply Now!” Please take a deep breath and relax”, published October 4th, 2014, machine translated from German (citation 90 in the IDS filed 7/28/2023) and APPX4FUN (description of the “Breathe Deeply Now!” app including screenshots and indicating the latest version was released February 15th, 2015 (citation 10 in the IDS filed 7/28/2023) as evidenced by Tiles and Toasts (“Toast Notification and Action Center overview for Windows 10” published August 18, 2015 (citation 86 in the IDS filed 7/28/2023) as applied to claim 35 above, and further in view of “Hear and Now” (described in “Relax, breathe deep and regain focus with Hear and Now” by Sandy Stachowiak, 6 January 2016).
Regarding claim 37, Kotlyar, as modified in claim 35, fails to disclose the completion interface further comprises an indication of an estimated heart rate. However, “Hear and Now” discloses estimating a user’s heart rate during a breathing exercise and displaying the estimated heart rate on the display (see “Hear and Now” screenshots). 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 electronic device of modified Kotlyar to include an indicate of an estimated heart rate on the display, as taught by “Hear and Now” in order to provide a clearer picture to the user of their health and whether the program is helping them achieve their health goals. “Hear and Now” discloses displaying several health statistics on the completion interface (see screen shots in “Hear and Now” document) but does not explicitly teach displaying the estimated heart rate on the completion interface. However, 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 electronic device of modified Kotlyar so that the indication of the estimated heart rate is displayed on the completion interface, as such a modification amounts to merely changing when the information is displayed and without modifying the underlying function or operation.
Claims 42 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014) as applied to claim 2 above, and further in view of Bingham (US 20100069774 A1).
Regarding claim 42, modified Kotlyar fails to disclose the one or more programs further including instructions for: receiving a second signal during the breathing sequence; determining an estimated breathing pattern based at least in part on the received second signal; and synchronizing the initiation of the breathing phase of the breathing sequence and the display of the progress indicator during the breathing phase of the breathing sequence with the estimated breathing pattern. However, Bingham discloses a method of leading a user through a breathing exercise by showing a progress indicator (Figure 1, “170”) comprising a plurality of moving objections (Figure 1, “180” and “190”) and further discloses receiving a signal during the breathing exercise for determining the user’s estimated breathing pattern (Paragraph [0016]) and synchronizing the initiation of the first or the second breathing phase of the breathing sequence and the display of the progress indicator during the first or the second breathing phase of the breathing sequence with the estimated breathing pattern (system displays and modifies a target breathing pattern (Figure 1, “150”) based on the user’s estimated breathing pattern in order to synchronize the breathing patterns, Paragraphs [0019]-[0021]). 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 electronic device of modified Kotlyar to include the one or more programs further including instructions for: receiving a second signal during the breathing sequence; determining an estimated breathing pattern based at least in part on the received second signal; and synchronizing the initiation of the breathing phase of the breathing sequence and the display of the progress indicator during the breathing phase of the breathing sequence with the estimated breathing pattern as taught by Bingham, in order to more effectively guide the user to a desired breathing pattern that simply having the user follow a progress indicator alone.
Regarding claim 44, Bingham discloses the device includes a sensor (Figure 1, “110”), and wherein receiving the second signal comprises: receiving the second signal from the sensor during the breathing sequence (Bingham, Paragraph [0020]).
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Kotlyar (US 20090263773 A1) as evidenced by Wikipedia (“iPhone 6” 2014), in view of Loveless (“The Ultimate Guide to Solving iOS Battery Drain”, 2014) as applied to claim 2 above, and further in view of iPhoneTricks.org (“Apple Watch Activity App Setup & Usage Tips”, May 4, 2015).
Regarding claim 45, modified Kotlyar fails to disclose prior to displaying the configuration user interface: determining an aggregate amount of time representing a completed number of cycles of one or more breathing sequences over a goal period; displaying, on the display, a fourth affordance comprising an indication of the aggregate amount of time; and receiving user input selection of the fourth affordance, wherein the configuration user interface is displayed in response to receiving the user input selection of the fourth affordance. However, iPhoneTricks.org discloses it is known to determine an aggregate amount of time representing a completed amount of movement, exercise, or standing over a goal period (Page 2, Activity Glance shows representation of total time by partially completed ring); displaying, on the display, an affordance comprising an indication of the aggregate amount of time (Page 2, Activity Glance shows representation of total time by partially completed ring); and receiving user input selection of the fourth affordance, wherein the configuration user interface is displayed in response to receiving the user input selection of the fourth affordance (Page 2, “if you tap the rings you’ll open the Activity app” therefore the rings are an affordance that take you into the app). 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 electronic device of modified Kotlyar to include steps of, prior to displaying the configuration user interface: determining an aggregate amount of time representing a completed number of cycles of one or more breathing sequences over a goal period; displaying, on the display, a fourth affordance comprising an indication of the aggregate amount of time; and receiving user input selection of the fourth affordance, wherein the configuration user interface is displayed in response to receiving the user input selection of the fourth affordance because iPhoneTricks.org discloses it is known to display the aggregate amount of time representing a completed amount of an exercise and to display the completed amount as an affordance and to open the app when the affordance is selected, therefore such a modification amounts to combining prior art elements according to known methods to achieve predictable results.
Allowable Subject Matter
Claim 43 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 43, the prior art of record fails to disclose an electronic device comprising the one or more programs further including instructions for determining a synchronization event that is a transition between an inhale period and an exhale period of the estimated breathing pattern and in accordance with a determination that the synchronization event has occurred: initiating the first or the second breathing phase of the breathing sequence; and displaying, on the display, the first version of the progress indicator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791
Prosecution Insights