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 .
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.
The current 35 USC 101 analysis is based on the current guidance (Federal Register vol. 79, No. 241. pp. 74618-74633). The analysis follows several steps. Step 1 determines whether the claim belongs to a valid statutory class. Step 2A prong 1 identifies whether an abstract idea is claimed. Step 2A prong 2 determines whether any abstract idea is integrated into a practical application. If the abstract idea is integrated into a practical application the claim is patent eligible under 35 USC 101. Last, step 2B determines whether the claims contain something significantly more than the abstract idea. In most cases the existence of a practical application predicates the existence of an additional element that is significantly more.
The 35 USC 101 analysis between each element of claims and its combination is presented in the table below
Claim number and elements
Judicial exception (Step 2A Prong one)
Practical application (Step 2A Prong two)/ Significantly more (Step 2B)
Claim 1
Step 1: Yes, statutory class
Step 2A Prong two: No / Step 2B: No
A method for determining an equivalent speed, comprising: acquiring a heart rate-speed relationship of a user in a standard environment;
Step2A Prong one: Yes
“acquiring a heart rate-speed relationship ~” is insignificant extra-solution activities to collect data.
acquiring a first heart rate and a first speed of the user; and
abstract idea
mental process or mathematical concept
“acquiring a first heart rate and a first speed of the user ~” is insignificant extra-solution activities to collect data.
determining an equivalent speed of the user in the standard environment according to the first heart rate, the first speed, and the heart rate-speed relationship.
abstract idea
mental process or mathematical concept
“determining an equivalent speed of the user” is a math process. (Para 0075-0077).
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-12 are directed to an abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception as addressed below and presented in the above table.
Step 2A: Prong One
Regarding Claim 1, the limitations recited in Claim 1, as drafted, are processes that, under its broadest reasonable interpretation, cover performance of the limitation in the mathematical calculations and/or the mind, as presented in the above table. Nothing in the claim elements precludes the step from practically being performed in the mind and/or the mathematical calculations. For example, “determining an equivalent speed of the user in the standard environment according to the first heart rate, the first speed, and the heart rate-speed relationship” in the context of this claim may encompass manually calculating or inferring the equivalent speed based on mathematical values/amounts/factors such as the first heart rate, the first speed, and the heart rate-speed relationship (see at least paragraphs 0040 and 0070-0078). (MPEP 2106.04(a)(2)).
Step 2A: Prong Two
This judicial exception is abstract ideal itself and not integrated into a practical application. In particular, the specification details use of a computer processor to perform mathematical calculations or mental processes of “determining an equivalent speed of the user in the standard environment according to the first heart rate, the first speed, and the heart rate-speed relationship”. The limitations of “acquiring a heart rate-speed relationship of a user in a standard environment” and “acquiring a first heart rate and a first speed of the user” are insignificant extra-solution activities necessary to merely gather data (i.e., a heart rate-speed relationship, a first heart rate and a first speed of the user) to be used for performing a mathematical process to calculate the equivalent speed with the acquired data. See MPEP 2106.05(g). Claim 1 does not present tangible or physical elements/components and/or integration of improvements to be indicative of specific features/structure/acts how and or with what to determine an equivalent speed of the user in the standard environment. (See MPEP 2106.04(d)). Claim 1 does not present a technical solution to a technical problem by providing an improvement to the functioning of computer, or to any other technology or technical field related to determining an equivalent speed of the user in the standard environment. (See MPEP 2106.04(d)). Therefore, there is no showing of integration into a practical application such as an improvement to the functioning of a computer, or to any other technology or technical field, or use of a particular machine.
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The limitations of “acquiring a heart rate-speed relationship of a user in a standard environment” and “acquiring a first heart rate and a first speed of the user” in the context of this claim are insignificant pre-solution activities to merely gather data (i.e., a heart rate-speed relationship, a first heart rate and a first speed of the user) to be used for performing a mathematical process to calculate the equivalent speed with the acquired data. See MPEP 2106.05(d). As discussed above, with respect to integration of the abstract idea into a practical application, using a computer system to perform “acquiring a heart rate-speed relationship of a user in a standard environment”, “acquiring a first heart rate and a first speed of the user” and “determining an equivalent speed of the user in the standard environment according to the first heart rate, the first speed, and the heart rate-speed relationship” amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept cannot provide statutory eligibility. Claim 1 is not patent eligible.
Regarding Claims 2-10 and 12, the limitations are further directed to an abstract idea, as described in claim 1. The limitations of “acquiring a second heart rate and a second speed of the user in the standard environment” in Claim 3, “acquiring environmental information” in Claims 4, 9 and 10 are insignificant extra-solution activities necessary to merely gather data to be used for performing a mathematical process to calculate the equivalent speed with the acquired data. See MPEP 2106.05(g). The limitations of “determining the heart rate-speed relationship according to the second heart rate and the second speed” in Claim 3, “determining, according to the environmental information, whether the user is in the standard environment; wherein acquiring the second heart rate and the second speed of the user in the standard environment comprises: determining heart rate data and speed data corresponding to the user in the standard environment as the second heart rate and the second speed respectively when it is determined that the user is in the standard environment” in Claim 4, “determining that the user is in the standard environment when the slope is within a preset slope range” in Claim 5, “determining that the user is in the standard environment when the altitude is within a preset altitude range” in Claim 6, and “determining that the user is in the standard environment when the temperature is within a preset temperature range” in Claim 7 may encompass manually calculating or inferring the environmental information, the heart rate data and the speed data, and if each of the slope, the altitude and the temperature is within each preset range (see at least paragraphs 0040 and 0070-0078). (MPEP 2106.04(a)(2)). The limitation of “determining the equivalent speed of the user in the standard environment according to the third heart rate, the third speed, and the heart rate-speed relationship” in Claim 8, “determining, according to the environmental information, a fourth speed of the user in the standard environment from the first speed; and determining the fourth speed as the equivalent speed” in Claim 9, and “determining, according to the environmental information, a fourth heart rate and a fourth speed of the user in a standard environment from the first heart rate and the first speed; and correcting the heart rate-speed relationship according to the fourth heart rate and the fourth speed” in Claim 10 in the context of this claim may encompass manually calculating or inferring the equivalent speed, based on mathematical values/amounts/factors such as the first heart rate, the first speed, the fourth speed, and the fourth heart rate and the fourth speed of the user (see at least paragraphs 0040 and 0070-0078). (MPEP 2106.04(a)(2)). For the reasons described above with respect to Claims 1-8, the judicial exceptions are not meaningfully integrated into a practical application, or amount to significantly more than the abstract idea.
Regarding Claim 12, it is a non-transitory computer-readable storage medium type claim and dependent on claim 1. Therefore, it is rejected under the same rationale as of claim 1 above. The additional element of the processor is recited at high-level of generality to merely perform a generic computer function of mathematical calculations.
Regarding Claim 11, it is a device type claim having similar limitations as of claim 1 above. Therefore, it is rejected under the same rationale as of claim 1 above. The additional elements of the processor and the memory are recited at high-level of generalities to merely perform a generic computer function of mathematical calculations and storing data such that it amounts no more than mere instructions to apply the exception using a generic computer component, as presented in the table above.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riche (US 5584305 A, hereinafter referred to as “Riche”).
Regarding Claim 1, Riche teaches a method for determining an equivalent speed, comprising:
acquiring a heart rate-speed relationship of a user in a standard environment (Col. 3, lines 15-20, “a sensor for measuring the cyclist's heart rate”);
acquiring a first heart rate and a first speed of the user (Col. 3, lines 15-20; Col. 5 line 62 – Col. 6 line 3, “detecting and calculating the instant speed v.sub.i, the altitude A, the distance d, the positive slope A.sub.+, the negative slope A.sub.-,”); and
determining an equivalent speed of the user in the standard environment according to the first heart rate, the first speed, and the heart rate-speed relationship (At least Abstract and Col. 3 lines 15 – line 53 teach calculating an equivalent speed of a user based on acquired data, “calculated as a function of the equivalent instant speed and of the detected heart rate,”).
Regarding Claim 2, Riche teaches wherein the heart rate-speed relationship is preset by a system (Note that, under the broadest reasonable interpretation, the heart rate-speed relationship is indicative of data/factors related to heart rate and heart such as slop, altitude and/or, which is taught at least at Col. 1 lines 18 – line 27, “Some of these meters are also associated with altitude sensors, from which cumulated values of positive or negative altitude differences (ascending or descending slope) are provided, with sensors that measure the heart rate of the cyclist, with power or torque meters”).
Regarding Claim 3, Riche teaches wherein acquiring the heart rate-speed relationship of the user in the standard environment, comprises: acquiring a second heart rate and a second speed of the user in the standard environment (Col. 3, lines 15-20, “a sensor for measuring the cyclist's heart rate”); and determining the heart rate-speed relationship according to the second heart rate and the second speed (Col. 3, lines 15-20, and Col. 3 lines 15 – line 53, “detecting and calculating the instant speed v.sub.i, the altitude A, the distance d, the positive slope A.sub.+, the negative slope A.sub.-,”).
Regarding Claim 4, Riche teaches further comprising: acquiring environmental information (At least Col. 1 lines 35 – Col. 2 line 40 teach environmental information including altitude difference, wind, temperature, slope and etc.; Col. 2 lines 45-49 teach “measuring data characterizing the movement; means for measuring, directly or indirectly, at least one parameter affecting the effort to make to obtain motion; means for providing coefficients associated with the value of the parameter” which is indicative environmental information); and determining, according to the environmental information, whether the user is in the standard environment (At least Col. 2 lines 43 – Col. 3 line 15 teach environmental information including altitude difference, wind, temperature, slope and etc. and determine these information considered to calculate the equivalent speed); wherein acquiring the second heart rate and the second speed of the user in the standard environment comprises: determining heart rate data and speed data corresponding to the user in the standard environment as the second heart rate and the second speed respectively when it is determined that the user is in the standard environment (At least Abstract, Col. 3, lines 15-20 and Col. 5 line 62 – Col. 6 line 3 teach measuring heart rate and speed at an environment considering various condition/relationship of environment factors to affect heart rate and speed such as wind, slope and temperature).
Regarding Claim 5, Riche teaches wherein the environmental information comprises slope; wherein determining, according to the environmental information, whether the user is in the standard environment comprises: determining that the user is in the standard environment when the slope is within a preset slope range (At least Col. 1 lines 35 – Col. 2 line 40 and Col. 2 lines 45-49 teach environmental information including altitude difference, wind, temperature, slope and etc.; Col. 4 lines 42-63 teach a slop range various slopes considered to calculate the equivalent speed, “successive slopes from 0 to 16%”).
Regarding Claim 6, Riche teaches wherein the environmental information comprises altitude; wherein determining, according to the environmental information, whether the user is in the standard environment comprises: determining that the user is in the standard environment when the altitude is within a preset altitude range (At least Col. 1 lines 35 – Col. 2 line 40 and Col. 2 lines 45-49 teach environmental information including altitude difference, wind, temperature, slope and etc.; At least Col. 5 line 54 - Col.6 line 4 and Col. 7 lines 8-25 teach an altitude variation considered to calculate the equivalent speed, “the parameter that may affect the performances of the cyclist is the altitude variation”).
Regarding Claim 7, Riche teaches wherein the environmental information comprises temperature; wherein determining, according to the environmental information, whether the user is in the standard environment comprises: determining that the user is in the standard environment when the temperature is within a preset temperature range (At least Col. 1 lines 35 – Col. 2 line 40 and Col. 2 lines 45-49 teach environmental information including weather environment information such as wind and temperature; At least Col. 5 line 54 - Col.6 line 4 and Col. 7 lines 8-25 teach such coefficient as wind and temperature which are considered to calculate the equivalent speed, “he cyclist's efforts may vary with temperature … wind parameter”).
Regarding Claim 8, Riche teaches further comprising: acquiring environmental information (At least Col. 1 lines 35 – Col. 2 line 40 teach environmental information including altitude difference, wind, temperature, slope and etc.; Col. 2 lines 45-49 teach “measuring data characterizing the movement; means for measuring, directly or indirectly, at least one parameter affecting the effort to make to obtain motion; means for providing coefficients associated with the value of the parameter” which is indicative environmental information); and determining, according to the environmental information, a third heart rate and a third speed of the user in a non-standard environment from the first heart rate and the first speed (At least Abstract, Col. 3, lines 15-20 and Col. 5 line 62 – Col. 6 line 3 teach measuring heart rate and speed at an environment considering various condition/relationship of environment factors to affect heart rate and speed such as wind, slope and temperature); wherein determining the equivalent speed of the user in the standard environment according to the first heart rate, the first speed, and the heart rate-speed relationship comprises: determining the equivalent speed of the user in the standard environment according to the third heart rate, the third speed, and the heart rate-speed relationship (At least Abstract and Col. 3 lines 15 – line 53 teach calculating an equivalent speed of a user based on acquired data, “calculated as a function of the equivalent instant speed and of the detected heart rate,”).
Regarding Claim 9, Riche teaches further comprising: acquiring environmental information (At least Col. 1 lines 35 – Col. 2 line 40 teach environmental information including altitude difference, wind, temperature, slope and etc.; Col. 2 lines 45-49 teach “measuring data characterizing the movement; means for measuring, directly or indirectly, at least one parameter affecting the effort to make to obtain motion; means for providing coefficients associated with the value of the parameter” which is indicative environmental information); determining, according to the environmental information, a fourth heart rate and a fourth speed of the user in a standard environment from the first heart rate and the first speed (At least Abstract, Col. 3, lines 15-20 and Col. 5 line 62 – Col. 6 line 3 teach measuring heart rate and speed at an environment considering various condition/relationship of environment factors to affect heart rate and speed such as wind, slope and temperature); and determining the fourth speed as the equivalent speed (At least Abstract and Col. 3 lines 15 – line 53 teach calculating an equivalent speed of a user based on acquired data, “calculated as a function of the equivalent instant speed and of the detected heart rate,”).
Regarding Claim 10, Riche teaches further comprising: acquiring environmental information (At least Col. 1 lines 35 – Col. 2 line 40 teach environmental information including altitude difference, wind, temperature, slope and etc.; Col. 2 lines 45-49 teach “measuring data characterizing the movement; means for measuring, directly or indirectly, at least one parameter affecting the effort to make to obtain motion; means for providing coefficients associated with the value of the parameter” which is indicative environmental information); determining, according to the environmental information, a fourth heart rate and a fourth speed of the user in a standard environment from the first heart rate and the first speed (At least Abstract, Col. 3, lines 15-20 and Col. 5 line 62 – Col. 6 line 3 teach measuring heart rate and speed at an environment considering various condition/relationship of environment factors to affect heart rate and speed such as wind, slope and temperature); and correcting the heart rate-speed relationship according to the fourth heart rate and the fourth speed (At least Abstract and Col. 3 lines 15 – line 53 and Col. 9 lines 40-46 teach correcting parameters related to environment information in an operation to calculate an equivalent speed of a user, “the rough data characterizing the movement (such as the speed or the produced power) are corrected by coefficients associated with parameters of the trip (difference of altitude, wind..),”).
Regarding Claim 11, it is a device type claim and has similar limitations as of claim 1 above. Therefore, it is rejected under the same rationale as of claim 1 above. The additional elements of the processor and the memory are taught by microprocessors and a memory at Abstract and Col. 1 lines 17-20 and Col. 9 line24-25.
Regarding Claim 12, it is dependent on claim 1 and recites a non-transitory computer-readable storage medium. Therefore, it is rejected under the same rationale as of claim 1 above. The additional element of the processor is taught by microprocessors at Abstract and Col. 1 lines 17-20.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SUN, Cheng-yu et al. (CN 104460976 B) teaches “based on heart rate walking speed conversion application in passive roaming control module, a passive control module as the basis for conversion, conversion to obtain the corresponding daily walking speed to drive roaming viewpoint moves through the heart collected operator leg movement speed. construction and other heart rate walking speed conversion function comprises three steps: step one, the recording operator various rates for walking in the passive module, corresponding to the heart rate. step two, and experimental heart rate recording operator walking on flat ground at different rates. step three, obtaining the acquisition rate, daily rate and timing of different heart-related trend equation by solving the equation to obtain the heart such as walking speed conversion function”.
Ackland et al. (US 11023903 B2) teaches “Exercise and activity devices that measure biometric and environmental data such as heart rate, speed, leg or arm turnover or stroke rate, altitude, temperature, R-R, power, slope, distance per turnover, location, distance and time currently exist” and “The measure of effort or change in effort may be a measure of speed or change in speed, a measure of heart rate or change in heart rate, or a measure of power or change in power, or any combination thereof. The measure of resistance or change in resistance may be a measure of altitude or change in altitude, a measure of slope or change in slope, or a measure of gradient or change in gradient, or any combination thereof. Alternatively or in addition, the measure of resistance or change in resistance may be determined from stride rate or change in stride rate, stroke rate or change in stroke rate, cadence or change in cadence, or any combination thereof”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BYUNG RO LEE whose telephone number is (571)272-3707. The examiner can normally be reached on Monday-Friday 8:30am-4:00pm.
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, Lee Rodak can be reached on (571) 270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-2555.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BYUNG RO LEE/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858