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 .
Status of Claims
This is first office action on the merits in response to the application filed on 09/12/2023.
Claims 1-20 are currently pending.
Applicant elected Group I, which includes claims 2-4 along with generic claims 1, 10, 15, and 20. Claims 1-4, 10, 15, and 20 have been examined.
Priority
Applicant's claim for the benefit of a US Provisional Application No. 63/375,537 filed on 09/13/2022 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a calculating means for calculating a derivative metric at each of the data blocks in Claim 1
an assessing means for assessing metrics in a manner that is consistent with a zero measurement that is neither substantially positive nor substantially negative in Claim 1;
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Therefore, by choosing to use a means-plus-function limitation and invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant limits that claim limitation to the disclosed structure, i.e., implementation by hardware or the combination of hardware and software, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(b)
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 1 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The terms “substantially positive” and “substantially negative” in claims 1 and 20 are relative terms which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification (i.e., Paragraph [0076]) does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. There for the limitation “an assessing means for assessing metrics in a manner that is consistent with a zero measurement that is neither substantially positive nor substantially negative” in claims 1 and 20 has been rendered indefinite.
Claim 1 limitation “a calculating means for calculating a derivative metric at each of the data blocks” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. No correlation between the structure and the function is defined in the specification, as the specification fails to adequately describe the “a calculating means” (Paragraph 0092) used by the “an electronics informatics system” to perform the disclosed functions “for calculating a derivative metric at each of the data blocks.” Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim 1 limitation “an assessing means for assessing metrics in a manner that is consistent with a zero measurement that is neither substantially positive nor substantially negative” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. No correlation between the structure and the function is defined in the specification, as the specification fails to adequately describe the “an assessing means” (Paragraph 0092) used by the “an electronics informatics system” to perform the disclosed function “for assessing metrics in a manner that is consistent with a zero measurement that is neither substantially positive nor substantially negative.” Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitations will no longer be interpreted as limitations under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As mentioned above, the disclosure does not provide adequate description for the “a calculating means” (Paragraph 0092) used by the “an electronics informatics system” to perform the disclosed function “for calculating a derivative metric at each of the data blocks.” The specification does not demonstrate that applicant has made an invention that achieves the claimed function because the invention is not described in sufficient detail that one of ordinary skill in the art at the time the application was filed can reasonably conclude that the inventor had possession of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As mentioned above, the disclosure does not provide adequate description for the “an assessing means” (Paragraph 0092) used by the “an electronics informatics system” to perform the disclosed function “for assessing metrics in a manner that is consistent with a zero measurement that is neither substantially positive nor substantially negative.” The specification does not demonstrate that applicant has made an invention that achieves the claimed function because the invention is not described in sufficient detail that one of ordinary skill in the art at the time the application was filed can reasonably conclude that the inventor had possession of the claimed invention.
Claim Rejections - 35 USC § 102(a)(1)
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 10, 15, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaleal (US 20220384027).
Regarding Claims 1, 15, and 20, Kaleal teaches a sequential data streams of data blocks, wherein the stream of data blocks comprises a genesis data block, and each data block of the stream of data blocks includes a sequence order identifier, an actual value, and a target value (Paragraphs 0247-0250, 0290, and 0303 teach a common framework for blockchain is a decentralized database in which transactions are recorded using a virtually unmodifiable cryptographic signature; records can be added to the decentralized database to create blocks, that are protected against manipulation and alteration and each block is connected to a previous block and has a timestamp of one or more transactions, metadata characterizing the one or more transactions, and/or a cryptographic hash of the previous electronic block; because each electronic block can include a cryptographic hash of the previous electronic block, the blockchain can be resistant to retroactive tampering; one or more embodiments described herein can employ a blockchain network to record and track health and fitness information for users; some or all of this health and fitness information received, captured and/or generated by the avatar system can be recorded for users on a blockchain overtime, thereby creating an immutable, verified record of each users' health and fitness activities and associated performance metrics over time; the blockchain recording component can record the health and fitness information received for respective users on the blockchain in response to reception therefor and/or in response to verification (e.g., by the verification component) that the health and fitness information satisfies one or more defined rules and/or requirements for recording on the blockchain (e.g., defined in the execution instructions); these rules and requirements can define verified source from which the health and fitness information can be received (e.g., verified devices and/or systems) and/or are otherwise permissioned to write to the blockchain; in some embodiments, the reward management component can receive input (e.g., via a suitable user interface) that defines terms and conditions of the smart contract regarding the health and fitness criteria to be satisfied, the user or users eligible for the reward (e.g., a specific user, any user satisfying the criteria, a subgroup of users satisfying the criteria, etc.) and the specific NFT reward to be provided (e.g., minted and/or transferred from the reward provider's address to the reward receiver address); based on reception of this information the reward management component can create and record the smart contract on the blockchain (e.g., as a blockchain record)); a set of metrics that each includes one or more metric components selected from a current gap, a current trend, a cumulative gap, and a cumulative trend (Paragraphs 0042, 0049, and 0274 teach depending on the types of biometric sensors employed, collected physiological data about a user can include but is not limited to: heart rate, body temperature, respiration, perspiration, blood pressure, calories burned, body fat, and body weight; for example, in furtherance to the physical fitness routine example, metrics for a user's range of motion, motion speed, heart rate, blood pressure, etc., can be tailored and calibrated to fit the user's personal goals and account for the user's physical capabilities; the blockchain records can comprise health and fitness information tracked for a plurality of users (e.g., user and the like) wherein each user can be linked to their corresponding health and fitness information by one or more unique identifiers (e.g., names, device IDs, account numbers, profile names, etc.) and/or a corresponding blockchain address; the health and fitness information can include information regarding performance of fitness activities (e.g., performance of workouts, performance of specific exercises or physical moves, etc.) by users that can be received from a verified source; for example, the health and fitness information can comprise information regarding completion of fitness activities, type of fitness activities completed, and duration of time of a workout or activity. The health and fitness information can also include performance metrics regarding physiological parameters of the user during the workout (e.g., heart rate, body temperature, respiration, perspiration, blood pressure, calories burned, etc.) and relative to individual exercise moves; the health and fitness information can also include performance metrics regarding specific exercise moves performed, number of reps, proper and improper form and motion, level of exertion, amount of weight used, and information regarding physical fitness practices and abilities of the user (e.g., how fast the user can run, how high the user can jump, how much weight the user can lift, flexibility of the user, range of motion of the user, etc.); the health and fitness information can also include information regarding physical measurements of a user (e.g., height, weight, BMI, specific body part measurements (e.g., waist, chest, upper arm/bicep, thigh, etc.), body fat, body composition, muscle composition, muscle density, etc.) generated in an automated manner via one or more via one or more devices); a calculating means for calculating a derivative metric at each of the data blocks (Paragraphs 0099, 0140, and 0304 teach in another example related to analysis of physical and physiological activity feature values, based on comparison of biometric data for a user indicating a user's heart rate is 180 beats per minute (bpm) to reference metric data that defines the target heart rate for the exercise to be 150 bpm, analysis can output a determination that the user's heart rate is too high, specifically 30 bmp too high; as the user performs the routine, avatar guidance platform receives physical and physiological activity input data for the user in accordance with aspects described herein; for example, when the user is wearing a heart rate monitor, information, identifying the user's heart rate is obtained; this information along with other potential physical and physiological activity data related to the user's physiological state, movement and appearance is evaluated as it is received to determine whether, how, and to what degree the user's performance deviates from the physical and physiological activity requirements of the fitness routine in view of personal characteristics of the user, such as physical restrictions/capabilities of the user; in an aspect, the user's physical and physiological activity data is compared or analyzed based on reference information for the routine defining requirements for the physical and physiological activity data in association with performance of the physical routine (e.g., physiological metrics associated with respective movements and/or times throughout the routine, actions the user should perform to accomplish the routine, when to perform them and how to perform them with respect to range or motion, body position, intensity, etc.); analysis of these reference metrics is further adapted based on user profile information (e.g., user physical restrictions, user physical capabilities, user demographics, etc.); the system can further monitor (e.g., via the reward management component and/or via the nodes in accordance with the terms and conditions defined by the smart contract) information recorded on the blockchain in association with determining whether the one or more health and fitness criteria have been satisfied (e.g., using a consensus model or another suitable mode)); and an assessing means for assessing metrics in a manner that is consistent with a zero measurement that is neither substantially positive nor substantially negative (Paragraph 0155-0156 and 0202-0203 teach a routine adaptation component is configured to dynamically determine whether and how to adapt or change the physical and physiological activity requirements of a fitness routine or activity during performance of the fitness routine or activity by a user, and/or whether and how to change the fitness routine or activity being performed by the user during performance of the fitness routine or activity be the user; in response to a determination to adapt a fitness routine or activity during performance of the fitness routine or activity by the user, routine adaptation component can direct processing module to evaluate the user's performance based on the adaptation (e.g., new physiological and/or motion or pressure reference metrics); the routine adaptation component is configured to make determinations regarding whether and how to adapt a fitness routine or activity based on analysis of a degree, consistency and frequency of a deviation or non-deviation during performance of the routine (e.g., with respect to degree, consistency and frequency thresholds for the deviation in association with performance of the routine), user profile information and/or context information; for example, routine adaptation component can be configured to adjust the requirements of a fitness routine or activity based on consistent performance of the fitness routine or activity below standard performance, above standard performance, or at standard performance, wherein consistency is evaluated based on reference metric thresholds for frequency and duration of the deviation or non-deviation and/or degree of the deviation; for example, where a user consistently performs below the required number of reps on a weight machine, routine adaptation component can determine that the amount of reps and/or weight should be lowered; in another example, where a user continually throws farther than a required distance, routine adaptation component can determine that the required distance should be increased; program adaptation component can adapt current requirements of a user's program based on how the user is feeling (e.g., sore, sick, energized, sad, tired, etc.), an amount of sleep received, an amount of activity of the user that day/week, an amount of stress the user is experiencing, what the user's current physiological state is, what the user's current context is, what the user ate that day (e.g., ate an extra number of calories, earn an extra number of jumping jacks), unexpected changes to the user's schedule, unexpected injuries, events in the user's life, how the user is progressing in the program, resources available to the user (e.g., group meetings, therapy, exercise equipment, food options, etc.); the program adaptation component can regularly (e.g., once an hour, twice a day, once a day, once a week, etc.) evaluate a user's progress through a program in view of the user's goals and determine whether and how to adapt the requirements of the program based on the user's progress; for example, when a user's is hoping to lose X amount of weight and the user is not on target to achieve this goal if the user adheres to the current requirements of the program for the remainder of the program, program adaptation component can adjust the dietary and/or exercise requirements of the program to ensure the user will achieve her goal), wherein the system operates via gyro, bot, and/or user adjustment technology to carry out data processing to produce one or more data gyro bulbs (Paragraphs 0051, 0059, and 0369-0370 teach historical data regarding past reactions/responses performed by the user to avatar responses in association with same or similar routines, tasks or actions can be collected and analyzed using various machine learning techniques to determine what types of avatar responses work and don't work for the user; the one or more sensor devices can include motion sensors such as an accelerometer, a gyroscope or an inertial measurement unit (IMU); thus, captured motion data can include information identifying acceleration, rotation/orientation, and/or velocity of the motion sensor device itself, facilitating determination of motion and movement data of the body and/or body parts to which the motion sensor are attached; for example, using pattern recognition, patterns in the motion data can be correlated to know patterns for different types of motion, such as walking, running, climbing, jumping, falling, cycling, turning, etc.; the behavior and responses of a role avatar in association with responding to the user and guiding the user relative to a particular role of the avatar (e.g., fitness coach, therapist, program guide, etc.) can be tailored by the system based on preferences of the user, user demographics, language, location, context, monitored user activity and mood, and adapted and tailored over time based on learned user behavior and preferences (e.g., using machine learning and artificial intelligence); in this regard, role avatar responses to adherence or deviation from a routine, program, task or action (e.g., based on comparison to reference metrics or personally calibrated reference metrics) can be tailored based on user preferences, demographics, mood, language, location, or context; for example, historical data regarding past reactions/responses performed by the user to avatar responses in association with same or similar routines, tasks or actions can be collected and analyzed using various machine learning techniques to determine what types of avatar responses work and don't work for the user).
Regarding Claim 1, Kaleal teaches an electronic informatics system (Paragraph 0266 teaches FIG. 17 illustrates a high-level block diagram of an example, non-limiting system 1700 that can facilitate tracking and rewarding health and fitness activities of users using blockchain technology, in accordance with one or more embodiments described herein; system 1700 comprises some elements of the avatar systems described above, including user 102, one or more sensors 104, IFD 118, client device 106 and avatar server 116; these elements can provide any of the corresponding functionalities previously described with reference to FIGS. 1-16 and/or the additional or alternative functionalities described below).
Regarding Claim 15, Kaleal teaches an electronic process allowing for frequentative data processing using a processor and a memory adapted to carry out informatics, comprising: providing an electronically executable program stored at least partially in the memory and configured to be executed by the processor (Paragraph 0302 teaches FIG. 20 illustrates another example computer-implemented method 2000 for tracking and rewarding health and fitness activities of users using blockchain technology, in accordance with one or more embodiments described herein; method 2000 comprises an example computer-implemented process that can be executed via one or more devices of system 1700 using one or more of the machine executable components).
Regarding Claim 20, Kaleal teaches an Al generated data gyro bulb and an associated zero gap and zero trend that is neither substantially positive nor substantially negative, comprising: an electronic computer-implemented data processor for carrying out a method for effecting informatics, the method comprising providing an electronically executable program stored at least partially in the memory and configured to be executed by the processor (Paragraphs 0266 and 0255 teach FIG. 17 illustrates a high-level block diagram of an example, non-limiting system 1700 that can facilitate tracking and rewarding health and fitness activities of users using blockchain technology, in accordance with one or more embodiments described herein. System 1700 comprises some elements of the avatar systems described above, including user 102, one or more sensors 104, IFD 118, client device 106 and avatar server 116; these elements can provide any of the corresponding functionalities previously described with reference to FIGS. 1-16 and/or the additional or alternative functionalities described below; the blockchain can be made accessible to various authorized entities that can utilize the verified tracked health and fitness information for different individuals; for example, the blockchain can be made accessible to insurance provider systems to tailor insurance premiums and rates for the users based on their tracked health and fitness data (e.g., rewarding users with discounts and/or lower rates based on satisfaction of definable criteria); in another example, the blockchain can be made accessible to machine learning developer systems that can utilize the verified tracked health and fitness information for different users in association with machine learning model development/training and related applications).
Examiner Note: “Data Gyro Bulb” is not a term of art. Examiner is using the definition found in the spec. Paragraph [0043] of the spec. teaches The term "bulb" as in "data gyro bulb" refers to an electronic and optionally virtual item that represents the product of a data manipulating and/or comparing process using AI. In general, a bulb or a data gyro bulb allows for AI illumination of manipulated, analyzed and/or verified data in a meaningful manner, e.g., to a human and/or nonhuman user.
Regarding Claim 2, Kaleal teaches all the limitations of claim 1 above; and Kaleal further teaches comprising systematic instructions for creating, managing, and/or executing one or more smart contracts between entities, wherein payment terms of the one or more smart contracts are variable and dependent on the one or more derivative metrics relative to associated values, ranges, and scales, at predetermined contractual intervals of the sequential data stream (Paragraphs 0262 and 0294-0295 teach smart contracts that control provision of NFT rewards to users based health and fitness achievement criteria can be created by various entities; for example, the smart contracts can be created by the avatar system, other third-party health and fitness systems that record user health and fitness activity data on the blockchain, and other third-party retailors that provide goods and services that can be represented and gifted as NFTs (e.g., health and fitness merchants and other merchants); the smart contracts can also be created by other users. For example, a friend, family member, personal trainer, etc., of one user may create a smart contract for the user that effectuates provision of an NFT reward (or another digital asset reward such as cryptocurrency) to the user in response to satisfaction of some definable health and fitness criteria that can be tracked and verified on the blockchain (e.g., completing X number of workouts, losing N number of pounds, etc.); the rewards can be provisioned automatically using smart contracts recorded on the blockchain; a smart contract is an agreement that is stored in a blockchain and automatically executed (or self-executed) when the agreement's predetermined terms and conditions are met; the terms and conditions of the agreement may be visible to other users of the blockchain; for example, the rules and conditions can relate to a specific type of workout or exercise and/or a measure of quantity, frequency, duration, distance, intensity, correctness of form, or another measurable performance metric. The rules and conditions can also include time and/or location restrictions).
Regarding Claim 3, Kaleal teaches all the limitations of claim 2 above; and Kaleal further teaches wherein the data of the contract is executed and tokenized on Web 3.0 decentralized networks with cryptographic communication protocols and creates and distributes cryptocurrencies that act as further smart contracts to the rights for future payments to the holders of the units of the cryptocurrency (Paragraphs 0255-0257, 0261, 0264, and 0279-0281 teach the blockchain can be made accessible to various authorized entities that can utilize the verified tracked health and fitness information for different individuals; for example, the blockchain can be made accessible to insurance provider systems to tailor insurance premiums and rates for the users based on their tracked health and fitness data (e.g., rewarding users with discounts and/or lower rates based on satisfaction of definable criteria); health and fitness information for users recorded on the blockchain can be used to provide them with rewards based on a satisfaction of variety of definable achievement criteria; the rewards can be provided by various entities, including the avatar system, other users, third-party systems/devices authorized to write to the blockchain, third-party systems/devices authorized to read from the blockchain, and/or other third-party systems/devices that are unauthorized to read from and/or write to the blockchain; the rewards can be provided in the form of non-fungible (NFTs) tokens that can represent a variety of digital and real-world assets; NFTs rewards for health and fitness activity accomplishments can be issued to users automatically in response to satisfaction of definable achievement criteria using smart contracts encoded on the blockchain or another blockchain; the NFT can correspond to various digital and real-world items (e.g., a digital coupon); the blockchain can be made accessible to insurance provider systems to tailor insurance premiums and rates for the users based on their tracked health and fitness data (e.g., rewarding users with discounts and/or lower rates based on satisfaction of definable criteria); health and fitness information for users recorded on the blockchain can be used to provide them with rewards based on a satisfaction of variety of definable achievement criteria; the rewards can be provided in the form NFTs that can represent a variety of digital and real-world assets (e.g., the NFTs can represent a digital coupon (e.g., provided by one or more retailor systems 1720 redeemable for digital and/or real-world items)).
Regarding Claim 10, Kaleal teaches all the limitations of claim 1 above; and Kaleal further teaches further comprising a display that displays an object that represents at least an aspect of the data gyro bulb (Paragraphs 0174 and 0176 teach interface component can generate interface for presentation to a user (e.g., via rendering component) during performance of a selected fitness routine or activity; the interface includes an avatar displayed within a workout space; the avatar is configured to function as the user's personal trainer and provide instruction to the user regarding performance of the selected fitness routine; in particular, the avatar is configured to respond in real-time to physical and physiological activity input received for the user as the user performs the fitness routine in accordance with aspects described herein; for example, as the user performs a fitness routine, the avatar can provide various real-time reaction to the user's performance based on received and analyzed physical and physiological activity data for the user; the interface can also include various visual feedback areas that provide the user with information regarding the user's performance during the workout; for example, interface can include a heart rate meter that displays the user's current heart rate next to a target heart rate range marker; the heart rate meter can change colors to provide an indication whether the user is above, below or at the target heart rate; the area can provide real-time feedback regarding an amount of calories the user has burned, the current exercise the user is performing, the number of repetitions completed and the current time point in the workout).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kaleal (US 20220384027) in view of Lee (KR 20210136468 A).
Regarding Claim 4, Kaleal teaches all the limitations of claim 2 above; and Kaleal further teaches wherein the data of the executed contract is tokenized on Web 3.0 decentralized networks with cryptographic communication protocols and creates proof-of-work and performance records that can be tokenized and distributed across networks (Paragraph 0342 teaches in a proof of work consensus model, a node validates a transaction, for example, by running a check or search through the current ledger stored in the blockchain; the node will create a new block for the blockchain that will include the data for one or more validated transactions (see, e.g., block 2375 of FIG. 23 )).
However, Kaleal does not explicitly teach wherein the data of the executed contract creates employment performance records that can be tokenized and distributed across networks.
Lee from same or similar field of endeavor teaches wherein the data of the executed contract creates employment performance records that can be tokenized and distributed across networks (Paragraphs 0042-0043 and 0014 teach a business performance storage smart contract (Smart Contract) includes logic for storing the business performance data delivered by the employee for the business evaluation target, and the partnership evaluation smart contract is the business evaluation target Includes logic for receiving and processing the evaluation scores of colleagues or juniors for the employee, and the business performance evaluation smart contract (Smart Contract) is the business performance data and partnership evaluation score of the employee subject to the job evaluation Includes logic for processing the final evaluation score final evaluated by the administrator; the business performance storage smart contract performs a series of processing for storing the business performance data input by the first employee in the block chain, and the partnership evaluation smart contract (Smart) Contract) performs a series of processing for storing the business performance data corresponding to the first employee, that is, the partnership evaluation result of the second employee for the business performance data input by the first employee, the business performance evaluation smart contract (Smart Contract) performs a series of processing for storing the final evaluation result of the manager referring to the business performance data of the first employee and the partnership evaluation result for the first employee; the block chain processing device stores in advance cryptocurrency payment information corresponding to the final evaluation score of the manager, and when the final evaluation score for the first employee is input through the manager terminal device, the final evaluation Based on the cryptocurrency reward information corresponding to the score, cryptocurrency may be issued and paid to the first employee).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Kaleal to incorporate the teaching of Lee for the data of the executed contract to create employment performance records that can be tokenized and distributed across networks.
There is motivation to combine Lee into Kaleal because the internal business performance management system and method using the block chain of the present invention can prevent forgery/falsification of internal business performance-related data by managing the internal business performance-related data by the block chain. It has the advantage of strengthening the security of the internal work performance management system. In addition, the present invention has an effect that can prevent administrator's mistakes, malicious manipulation, hacking, etc. in the management of business performance-related data by implementing the process of evaluating and rewarding internal business performance in a block chain environment. In addition, the present invention has the advantage that the evaluation of work performance can be done fairly and transparently by participating in the mutual evaluation of internal employees connected by the block chain. In addition, the present invention can use the cryptocurrency issued in the block chain environment for in-house work performance compensation, so that the reward system can be turned into points, which has the advantage of being able to compensate for in-house work performance in various ways (Lee Paragraph 0021).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Marko et al. (US 20240070770) teaches a computing system generates a portal to be accessed by a plurality of users. The portal includes a representation of a game and a plurality of gamification elements. The computing system receives data related to the game represented in the portal. The computing system monitors the data to detect an event to occur within the game. Based on the monitoring, the computing system determines that the event has occurred within the game. Based on the determining, the computing system generates a graphic associated with the event. The computing system generates a non-fungible token corresponding to the event. The non-fungible token is linked to the graphic. The computing system broadcasts the non-fungible token to a blockchain.
Khan (US 20230128945) teaches systems and methods for creating an economic system and associated processes to enable earning of income in a local currency based on time invested in activities conducted on-line. This permits people in locations with few conventional ways to earn income to be compensated for the value they add to others by spending their time and devoting their attention to activities they can pursue from their location. These activities may include various forms of participating in gamified activities in which credits are earned for performing certain on-line tasks, assisting themself or others to achieve a goal, etc. The earned credits may be exchanged for a “token” whose value is determined by the economic system being disclosed, and which can be exchanged for local currency.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY JONES whose telephone number is (469) 295-9137. The examiner can normally be reached on 7:30 am - 4:30 pm CST (M-Th).
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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) Form at https://www.uspto.gov/patents/uspto-automated-interview-request-air-form.
/COURTNEY P JONES/Primary Examiner, Art Unit 3699