Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 16, 2026 has been entered.
Status of the Claims
Claims 2-21 are all the claims pending in the application.
Claims 2, 5, 15, 20 and 21 are amended.
Claims 2-21 are rejected.
The following is a Non-Final Office Action in response to amendments and remarks filed March 16, 2026.
Response to Arguments
Regarding the nonstatutory double patenting rejections, the rejections are withdrawn because the claims as amended are sufficiently distinct from the patented claims such that the rejections are no longer appropriate.
Regarding the 101 rejections, the rejections are maintained for the following reasons. First, under Step 2A Prong 1, Applicant asserts the claims are not directed to an abstract idea because the claims are not directed to a fundamental economic practice or commercial interactions. Examiner respectfully does not find this assertion persuasive because tracking user activity to determine services to offer the users is a commercial or legal interaction (e.g., performing customer research and providing incentives). Further, Examiner notes the presence of the virtual currency in the claims indicates the claims are directed to a commercial or legal interaction.
Second, Applicant asserts the claims reflect an improvement in user interfaces, citing Core Wireless. Examiner respectfully does not find this assertion persuasive because Examiner does finds optimizing services provided to user, as in the present claims, is not analogous to solving problems arising from dense, multi-layered menus, as in Core Wireless. That is, Examiner finds optimizing services provided to user is an abstract idea (e.g., improving customer service based on customer research) and an improvement in an abstract idea is not an improvement in technology, see MPEP 2106.05(a) (discussing Trading Technologies Int’l v. IBG).
Third, under Step 2A Prong 2, Applicant asserts the recited tracking activity and generating navigation paths reflect an improvement. Examiner respectfully does not find this assertion persuasive because Examiner finds the tracking is claimed too broadly to be more than a generic computer function of receiving and storing data and because the navigation paths is a part of the abstract idea (i.e., analyzing customer information to determine services to offer the customer).
Fourth, under Step 2B, Applicant asserts the claims reflect significantly more than the abstract idea. Examiner respectfully does not find this assertion persuasive because Examiner finds the additional elements are only generic computer components performing generic computer functions and general links to fields of use. Please see below for the compete analysis of the additional elements.
Accordingly, the 101 rejections are maintained, please see below for the complete analysis of the claims as amended.
Claim Objections
Claim 21 is objected to because of the following informalities: claim 21 was amended but its status indicator does not indicate it was amended. Amended claims should have the appropriate status indicator.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 2-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1 of the patent eligibility analysis, it must first be determined whether the claims are directed to one of the four statutory categories of invention. Applying Step 1 to the claims it is determined that: claims 2-14 and 21 are directed to a machine; and claims 15-20 are directed to a process.
Independent Claims
Under Step 2A Prong 1 of the patent eligibility analysis, it must be determined whether the claims recite an abstract idea that falls within one or more designated categories or “buckets” of patent ineligible subject matter that amount to a judicial exception to patentability.
The independent claims recite an abstract idea. Specifically, independent claim 2 recites an abstract idea in the limitations (emphasized)1:
…an activity monitoring device configured to:
detect a user beginning performance of an athletic activity; and
upon detecting the user beginning performance of the athletic activity, automatically record and store athletic activity information corresponding to the athletic activity performed by the user; and
an activity monitoring and tracking system operably connected to the activity monitoring device and configured to:
automatically receive, via one or more wireless signals, the athletic activity information of the user from the activity monitoring device;
determine a source of the received athletic activity information;
in response to determining at least one of the received athletic activity information corresponds to a first type of athletic activity and the determined source corresponds to a first type of device, select a first conversion rate from a plurality of conversion rates for determining an amount of virtual currency to award the user based on the received athletic activity information, wherein the first conversion rate is configured to convert the received athletic activity information into a first type of virtual currency;
generate, based on the received athletic activity information, a first plurality of navigation paths for traversing one or more interactive sites associated with the activity monitoring and tracking system;
receive additional athletic activity information of the user;
determine a source of the received additional athletic activity information;
generate, based on the additional athletic activity information, a second plurality of navigation paths to optimize consumer services provided via the one or more interactive sites;
in response to determining at least one of the received additional athletic activity information corresponds to a second type of athletic activity and the determined source corresponds to a second type of device, select a second conversion rate from the plurality of conversion rates for determining an additional amount of virtual currency to award the user based on the received additional athletic activity information, wherein the second conversion rate is configured to convert the received additional athletic activity information into a second type of virtual currency, and wherein the second conversion rate is different from the first conversion rate;
generate, via an interactive site of the one or more interactive sites, a display notification indicating the additional amount of virtual currency to award the user based on the received additional athletic activity information, wherein the display notification is provided as one or more gages on a display on the activity monitoring and tracking system, wherein the one or more gages display an amount of virtual currency earned or available for each available type of virtual currency;
receive one or more user interactions with a gage on the display; and
based on the one or more user interactions, automatically reconfigure an aspect of a selected gage.
These limitations recite an abstract idea because these limitations encompass commercial or legal interactions (i.e., advertising, marketing or sales activities or behaviors; and business relations). These limitations encompass commercial or legal interactions (i.e., advertising, marketing or sales activities or behaviors; and business relations) because these limitations encompass analyzing customer information to determine services to offer the customer and issuing financial incentives to the customers (i.e., performing customer research and providing incentives). Claims that encompass commercial or legal interactions (i.e., advertising, marketing or sales activities or behaviors; and business relations) fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Claims 2, 15, and 21 recite an abstract idea.
Under Step 2A Prong 2 of the patent eligibility analysis, it must be determined whether the identified, recited abstract idea includes additional elements that integrate the abstract idea into a practical application.
The additional elements of the independent claims do not integrate the abstract idea into a practical application. Claim 2 recites the additional elements (emphasized):
…an activity monitoring device configured to:
detect a user beginning performance of an athletic activity; and
upon detecting the user beginning performance of the athletic activity, automatically record and store athletic activity information corresponding to the athletic activity performed by the user; and
an activity monitoring and tracking system operably connected to the activity monitoring device and configured to:
automatically receive, via one or more wireless signals, the athletic activity information of the user from the activity monitoring device;
determine a source of the received athletic activity information;
in response to determining at least one of the received athletic activity information corresponds to a first type of athletic activity and the determined source corresponds to a first type of device, select a first conversion rate from a plurality of conversion rates for determining an amount of virtual currency to award the user based on the received athletic activity information, wherein the first conversion rate is configured to convert the received athletic activity information into a first type of virtual currency;
generate, based on the received athletic activity information, a first plurality of navigation paths for traversing one or more interactive sites associated with the activity monitoring and tracking system;
receive additional athletic activity information of the user;
determine a source of the received additional athletic activity information;
generate, based on the additional athletic activity information, a second plurality of navigation paths to optimize consumer services provided via the one or more interactive sites;
in response to determining at least one of the received additional athletic activity information corresponds to a second type of athletic activity and the determined source corresponds to a second type of device, select a second conversion rate from the plurality of conversion rates for determining an additional amount of virtual currency to award the user based on the received additional athletic activity information, wherein the second conversion rate is configured to convert the received additional athletic activity information into a second type of virtual currency, and wherein the second conversion rate is different from the first conversion rate;
generate, via an interactive site of the one or more interactive sites, a display notification indicating the additional amount of virtual currency to award the user based on the received additional athletic activity information, wherein the display notification is provided as one or more gages on a display on the activity monitoring and tracking system, wherein the one or more gages display an amount of virtual currency earned or available for each available type of virtual currency;
receive one or more user interactions with a gage on the display; and
based on the one or more user interactions, automatically reconfigure an aspect of a selected gage.
These additional elements do not integrate the abstract idea into a practical application for the following reasons. First, the additional elements of an activity monitoring device operably connected to an activity monitoring and tracking system detecting a user, recording and storing athletic activity, and receiving athletic and additional athletic activity information, when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements encompass generic computers communicating with one another and performing generic computer functions of receiving, storing and sending data (e.g. receiving and storing user data and transmitting the data), see MPEP 2106.05(f)(2) (noting the use of computers in their ordinary capacity to receive, store, or transmit data does not integrate a judicial exception into a practical application).
Second, the additional elements of traversing interactive sites, when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements are only a general link to a field of use or technological environment, see MPEP 2106.05(h) (discussing Affinity Labs). That is, although these additional elements do limit the use of the abstract idea, this type of limitation merely confines the use of the abstract idea to a particular technological environment (e.g., e-commerce websites) and does not integrate the abstract idea into a practical application or add an inventive concept to the claims.
Third, the additional elements of generating a display provided as a gage, receiving interactions and reconfiguring the gage, when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements are only a general link to a field of use or technological environment, see MPEP 2106.05(h) (discussing Affinity Labs). That is, although these additional elements do limit the use of the abstract idea, this type of limitation merely confines the use of the abstract idea to a particular technological environment (e.g., interactive user interface elements like sliders) and does not integrate the abstract idea into a practical application or add an inventive concept to the claims.
Fourth, claim 21 further recites a processor, a display panel, and a memory storing computer-readable instructions. These additional elements, when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements are recited at a high-level of generality (i.e., as a generic computer) such that it amounts to no more than mere instructions to apply the exception. Claims 2, 15, and 21 are directed to abstract idea.
Under Step 2B of the patent eligibility analysis, the additional elements are evaluated to determine whether they amount to something “significantly more” than the recited abstract idea (i.e., an innovative concept).
The independent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception and general links to technological environments. Mere instructions to apply an exception using generic computer components and general links to technological environments cannot provide an inventive concept. Claims 2, 15, and 21 are not patent eligible.
Dependent Claims
The dependent claims are rejected under 35 USC 101 as directed to an abstract idea for the following reasons.
Claims 3, 4, 16 and 17 recite the same abstract idea as the independent claims because presenting an award is a part of offering incentives to customers.
Claims 5, 18 and 20 recite the additional elements of modifying a user interface based on user activity. These additional elements when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements are only a general link to a field of use or technological environment, see MPEP 2106.05(h) (discussing Affinity Labs). That is, although these additional elements do limit the use of the abstract idea, this type of limitation merely confines the use of the abstract idea to a particular technological environment (e.g., user interfaces) and does not integrate the abstract idea into a practical application or add an inventive concept to the claims.
Claim 6 recites the same abstract idea as the independent claims because estimating a currency is a part of offering incentives to customers.
Claim 7 recites the additional elements of detecting non-athletic activity. These additional elements, when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements encompass a generic computer function of receiving data, see MPEP 2106.05(f)(2) (noting the use of computers in their ordinary capacity to receive, store, or transmit data does not integrate a judicial exception into a practical application).
Claims 8 and 19 recite the same abstract idea as the independent claims because determining an amount of currency is a part of offering incentives to customers.
Claims 9 and 10 recite the same abstract idea as the independent claims because determining interests of customers and selecting content based on the interests is a part of analyzing customer information to determine services to offer the customer.
Claims 11-14 recite the additional elements of modifying a user interface based on determined amounts. These additional elements when considered individually or in combination, do not integrate the abstract idea into a practical application because the additional elements are only a general link to a field of use or technological environment, see MPEP 2106.05(h) (discussing Affinity Labs). That is, although these additional elements do limit the use of the abstract idea, this type of limitation merely confines the use of the abstract idea to a particular technological environment (e.g., updating user interfaces based on predefined thresholds) and does not integrate the abstract idea into a practical application or add an inventive concept to the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN S O'SHEA whose telephone number is (571)270-1064. The examiner can normally be reached Monday to Friday 10-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Uber can be reached at (571) 270-3923. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRENDAN S O'SHEA/Examiner, Art Unit 3626
1 Examiner notes the language of claims 2, 15 and 21 differs but does not find these differences significantly alter the eligibility analysis and accordingly analyses the claims concurrently here for the sake of brevity.
Prosecution Insights