Prosecution Insights
Last updated: October 04, 2026
Application No. 18/462,893

METHOD AND SYSTEM FOR RESPIRATION AND MOVEMENT

Non-Final OA §102§112
Filed
Sep 07, 2023
Priority
Sep 08, 2022 — provisional 63/404,802
Examiner
TOWA, RENE T
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Lululemon Athletica Canada Inc.
OA Round
1 (Non-Final)
49%
Grant Probability
Moderate
1-2
OA Rounds
1y 2m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
382 granted / 775 resolved
-20.7% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
33 currently pending
Career history
821
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
53.0%
+13.0% vs TC avg
§102
12.1%
-27.9% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 775 resolved cases

Office Action

§102 §112
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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 6, 9, 11 & 16 is/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. In regards to claim 6, at line 3, the limitations “selected from the group of” recites an improper Markush group and should apparently read --selected from the group consisting of--. In regards to claim 9, at line 2, the limitations “selected from the group of” recites an improper Markush group and should apparently read --selected from the group consisting of--. In regards to claim 11, at line 2, the limitations “selected from the group of” recites an improper Markush group and should apparently read --selected from the group consisting of--. In regards to claim 16, at line 2, the limitations “selected from the group of” recites an improper Markush group and should apparently read --selected from the group consisting of--. Claim Rejections - 35 USC § 102 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. Claim(s) 1, 3, 5-6, 9-11, 14, 16 & 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uehara (US 11,317,824). In regards to claim 1, Uehara discloses a device 290 for generating output instructions 419 (see figs. 11a-b & 12) for a breath-move interrelation evaluation, the device 290 comprising: a processing system having one or more one hardware processors 321 and one or more memories 339 coupled with the one or more processors 321 (see at least fig. 5 and col. 11, lines 40-67) programmed with executable instructions to cause the device 290 to: transmit control signals to one or more sensors (329, 330) (see at least fig. 5 and col. 11, lines 40-67) to perform measurements of a user associated with one or more activity (e.g., walking, running, cycling, canoe paddling, swimming, yoga, meditation, basketball, football and soccer, see col. 1, lines 35-50 and col. 2, lines 21-28) of the user; PNG media_image1.png 332 410 media_image1.png Greyscale obtain input data from the measurements of the user and contextual metadata, wherein the input data comprises data characterizing a user breath pattern (e.g., from breathe-in breathe-out sensor 329) and data characterizing a user movement (e.g., from movement sensor 330) (see col. 5, lines 56-67 & col. 6, lines 1-3), wherein the contextual metadata identifies (from sensor data) the activity (e.g., movement sensors determine approximately the moments in time a running event starts and when it ends, see col. 6, lines 15-17 & 22-29); compute a set of interrelations (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out, col. 5, lines 5-9 & 61-67 and col. 9, lines 33-43) between the data characterizing the user breath pattern and the data characterizing the user movement (see at least abstract, figs. 11a-b, 12-13 & 14a-b and col. 4, lines 47-59, col. 6, lines 22-24, and col. 11, lines 49-53); generate the output instructions 419 (see figs. 11a-b & 12) for a breath-move interrelation evaluation representation based on the set of interrelations (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out), the breath-move interrelation evaluation being associated with the one or more activity (e.g., walking, running, cycling, canoe paddling, swimming, yoga, meditation, basketball, football and soccer, see col. 1, lines 35-50 and col. 2, lines 21-28) of the user (see at least col. 5, lines 56-67, col. 6, lines 1-3 & 42-44, col. 11, lines 20-25 & 33-39); and transmit the output instructions 419 (see figs. 11a-b & 12) to provide the breath-move interrelation evaluation representation at a user interface (e.g., of a mobile computing device, which can be a smart phone, a tablet, a smart watch, or a dedicated computing device, see col. 6, lines 30-41, col. 9, lines 15-32 and col. 11, lines 40-45) or store the breath-move interrelation evaluation representation in the one or more memories 339 (see col. 5, lines 56-67, col. 6, lines 1-3 & 42-44, and col. 11, lines 49-53), the output instructions 419 (see figs. 11a-b & 12) to activate or trigger the user interface to present the breath-move interrelation evaluation representation (col. 11, lines 20-25 & 33-39); wherein the device 290 communicates with the one or more sensors (329, 330) coupled to one or more transmitters (e.g., inherently present due to wireless or Bluetooth communication, see col. 6, lines 30-41, col. 9, lines 15-32 and col. 11, lines 40-45), wherein the one or more sensors (329, 330) perform the measurements of the user associated with the one or more activity (e.g., walking, running, cycling, canoe paddling, swimming, yoga, meditation, basketball, football and soccer, see col. 1, lines 35-50 and col. 2, lines 21-28) of the user (see at least fig. 5 and col. 11, lines 40-67), the one or more transmitters (e.g., inherently present due to wireless or Bluetooth communication, see col. 6, lines 30-41, col. 9, lines 15-32 and col. 11, lines 40-45) transmit the measurements to the device 290 (see col. 6, lines 30-41, col. 9, lines 15-32 and col. 11, lines 40-45). In regards to claim 3, Uehara discloses the device 290 of claim 1 wherein the activity involves cyclical movement and wherein the output instructions 419 (see figs. 11a-b & 12) for the breath-move interrelation evaluation comprise guidance related to the cyclical movement (see at least col. 9, lines 18-32 and col. 18, lines 55-67, col. 19, lines 1-2 & 47-59). In regards to claim 5, Uehara discloses the device 290 of claim 1 wherein the activity is selected from the group consisting of exercise (e.g., yoga, meditation), a wellness activity (e.g., yoga, meditation, walking, running, cycling, canoe paddling, swimming), work (e.g., when user is an athlete), and gaming (see at least abstract, col. 1, lines 35-50 and col. 9, lines 29-32 & 43-66). In regards to claim 6, Uehara discloses the device 290 of claim 1 wherein the instructions to provide the breath-move interrelation evaluation representation at the user interface of the electronic device 290 provides one or more audio feedback (see at least col. 9, lines 18-27 & 51-54 and col. 10, lines 4-12). In regards to claim 9, Uehara discloses the device 290 of claim 1 wherein the processing system extracts, from the data characterizing the user movement, one or more features selected from the group of movement associated with a specific body portion and/or limb (e.g., using movement sensor 330), and computes the set of interrelations (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out) using the one or more extracted features (see at least fig. 5 and col. 5, lines 5-9 & 61-67 and col. 9, lines 33-43). In regards to claim 10, Uehara discloses the device 290 of claim 1 wherein the processing system uses the data characterizing the user movement to identify an eccentric aspect and associate an inhalation logic, and to identify a concentric aspect and associate an exhalation logic (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out, col. 5, lines 5-9 & 61-67 and col. 9, lines 33-43). In regards to claim 11, Uehara discloses the device 290 of claim 1 wherein the processing system extracts, from the data characterizing the user breath pattern, one or more features selected from the group of depth of inhalation (e.g., diaphragmatic breathing is also known as diaphragmatic breathing, abdominal breathing, or deep breathing, see col. 2, lines 41-47), oxygen levels (e.g., using a pulse oximeter, see col. 6, lines 52-55), velocity (e.g., speed, see col. 6, lines 44-46), rate (e.g., heart rate, see col. 6, lines 44-46), and computes the set of interrelations (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out) using the one or more extracted features (see col. 5, lines 5-9 & 61-67 and col. 9, lines 33-43). In regards to claim 14, Uehara discloses the device 290 of claim 1 wherein the output instructions 419 (see figs. 11a-b & 12) to provide the breath-move interrelation evaluation representation provide guidance to shift the user breath pattern to increase correspondence with a preferred breath-move interrelation evaluation (see at least col. 9, lines 18-32 & 43-54 and col. 18, lines 55-67, col. 19, lines 1-2 & 47-59). In regards to claim 16, Uehara discloses the device 290 of claim 1 wherein the processing system is part of one or more selected from the group of smart phone, a computer, a tablet, a smart watch (e.g., of a mobile computing device, which can be a smart phone, a tablet, a smart watch, or a dedicated computing device, see col. 6, lines 30-41, col. 9, lines 15-32 and col. 11, lines 40-45). In regards to claim 18, Uehara discloses the device 290 of claim 1 wherein the one or more of the sensors is one or more of a heart rate monitor (see at least col. 6, lines 50-51), a breathing monitor (see col. 4, lines 53-57), an oximetry sensor (see at least col. 6, lines 52-55), an accelerometer (see col. 6, lines 15-17), a gyroscope (see col. 4, lines 36-38), an inertial sensor (e.g., accelerometer, see col. 6, lines 15-17), a Global Positioning System (GPS) sensor (see at least col. 6, lines 47-49), a position sensor (e.g., such as a GPS sensor, see at least col. 6, lines 47-49), and a pressure sensor (see col. 6, lines 12-15). In regards to claim 19, Uehara discloses a non-transitory computer readable medium with instructions stored thereon, that when executed by a hardware processor causes the processor to: transmit control signals to one or more sensors (329, 330) (see at least fig. 5 and col. 11, lines 40-67) to perform measurements of a user associated with one or more activity (e.g., walking, running, cycling, canoe paddling, swimming, yoga, meditation, basketball, football and soccer, see col. 1, lines 35-50 and col. 2, lines 21-28) of the user see at least fig. 5 and col. 11, lines 40-67); PNG media_image1.png 332 410 media_image1.png Greyscale receiving input data (from sensors (329, 330), see fig. 5) characterizing a user breathing pattern from the measurements (e.g., from breathe-in breathe-out sensor 329) and input data characterizing a user movement from the measurements (e.g., from movement sensor 330) (see at least fig. 5 and col. 11, lines 40-67), calculating a set of interrelations (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out, see col. 5, lines 5-9 & 61-67 and col. 9, lines 33-43) between the input data characterizing the user breath pattern (e.g., from breathe-in breathe-out sensor 329) and the input data characterizing the user movement (e.g., from movement sensor 330) (see at least fig. 5 and col. 11, lines 40-67); generating output instructions 419 (see figs. 11a-b & 12) for a breath-move interrelation evaluation representation based on the set of interrelations (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out) (see at least col. 5, lines 56-67, col. 6, lines 1-3 & 42-44, col. 11, lines 20-25 & 33-39); and transmitting (e.g., via Bluetooth) the output instructions 419 (see figs. 11a-b & 12) to provide the breath-move interrelation evaluation representation at a user interface of an electronic device 290 (e.g., of a mobile computing device, which can be a smart phone, a tablet, a smart watch, or a dedicated computing device, see col. 6, lines 30-41, col. 9, lines 15-32 and col. 11, lines 40-45) or storing an indication of the breath-move interrelation evaluation representation in memory (see col. 5, lines 56-67, col. 6, lines 1-3 & 42-44, and col. 11, lines 49-53). In regards to claim 20, Uehara discloses a computer implemented method for generating output instructions 419 (see figs. 11a-b & 12) for a breath-move interrelation evaluation, the method comprising: transmitting control signals to one or more sensors (329, 330) to perform measurements of a user associated with one or more activity (e.g., walking, running, cycling, canoe paddling, swimming, yoga, meditation, basketball, football and soccer, see col. 1, lines 35-50 and col. 2, lines 21-28) of the user and synchronize the one or more one or more sensors (329, 330) performing measurements; receiving, using at least one hardware processor and the one or more sensors (329, 330) to perform measurements, input data that comprises data characterizing a user breath pattern (e.g., from breathe-in breathe-out sensor 329) (see col. 5, lines 56-67 & col. 6, lines 1-3); receiving, using the at least one hardware processor and the one or more sensors (329, 330) to perform measurements, input data that comprises data characterizing a user movement (e.g., from movement sensor 330) (see col. 5, lines 56-67 & col. 6, lines 1-3); PNG media_image1.png 332 410 media_image1.png Greyscale receiving, using the at least one hardware processor, metadata related to the data characterizing the user breath pattern (e.g., from breathe-in breathe-out sensor 329) and the data characterizing the user movement (e.g., from movement sensor 330) (see col. 5, lines 56-67 & col. 6, lines 1-3); computing using the at least one hardware processor, a set of interrelations (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out, see col. 5, lines 5-9 & 61-67 and col. 9, lines 33-43) based on the data characterizing the user breath pattern (e.g., from breathe-in breathe-out sensor 329) and the data characterizing the user movement (e.g., from movement sensor 330) (see col. 5, lines 56-67 & col. 6, lines 1-3); generating, based on the calculated interrelations (e.g., number of steps during inhale or exhale, number of hip rotations during inhale or exhale, 360 degree pedal rotations per breath out), the output instructions 419 (see figs. 11a-b & 12) to provide the breath-move interrelation evaluation (see at least col. 5, lines 56-67, col. 6, lines 1-3 & 42-44, col. 11, lines 20-25 & 33-39); and transmitting (via wireless communication or Bluetooth) the output instructions 419 (see figs. 11a-b & 12) to provide the breath-move interrelation evaluation representation at a user interface of an electronic device 290 (e.g., of a mobile computing device, which can be a smart phone, a tablet, a smart watch, or a dedicated computing device, see col. 6, lines 30-41, col. 9, lines 15-32 and col. 11, lines 40-45) or store the breath-move interrelation evaluation representation in memory 339 (see col. 5, lines 56-67, col. 6, lines 1-3 & 42-44, and col. 11, lines 49-53). Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schindhelm (WO 2016/074042). In regards to claim 1, Schindhelm discloses a device for generating output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) for a breath-move interrelation evaluation, the device comprising: a processing system 205 having one or more one hardware processors and one or more memories coupled with the one or more processors (see at least par 59) programmed with executable instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) to cause the device to: transmit control signals (see par 43 & 71) to one or more sensors 201 (see at least figs. 2-3 & 6 and par 54-58) to perform measurements of a user associated with one or more activity (see par 47) of the user; obtain input data (see par 38, 48, 71 & 73) from the measurements of the user and contextual metadata, wherein the input data comprises data characterizing a user breath pattern (e.g., first and/or second respiratory data) and data characterizing a user movement (e.g., activity data), wherein the contextual metadata identifies one or more of the user (e.g., user profile, see par 74), the activity (see par 47), and an activity type (see par 47); PNG media_image2.png 418 650 media_image2.png Greyscale compute a set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49) between the data characterizing the user breath pattern (e.g., first and/or second respiratory data) and the data characterizing the user movement (e.g., activity data) (see par 49-50); generate the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52 & par 22-26 & 51-52) for a breath-move interrelation evaluation representation based on the set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49), the breath-move interrelation evaluation being associated with the one or more activity (see par 47) of the user; and transmit the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) to provide the breath-move interrelation evaluation representation at a user interface (see par 71) or store the breath-move interrelation evaluation representation in the one or more memories (see par 44-45 & 68-69), the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) to activate or trigger the user interface to present the breath-move interrelation evaluation representation (see at least par 48 & 71); wherein the device 205 communicates with the one or more sensors 201 (see at least figs. 2-3 & 6 and par 54-58) coupled to one or more transmitters (e.g., transceivers), wherein the one or more sensors 201 (see at least figs. 2-3 & 6 and par 54-58) perform the measurements of the user associated with the one or more activity (see par 47) of the user, the one or more transmitters (e.g., transceivers) transmit the measurements to the device 205 (see par 58). In regards to claim 2, Schindhelm discloses the device of claim 1 wherein the processing system 205 generates a baseline breath-move interrelation evaluation associated with the user or the activity (see par 38, 50 & 64), wherein the processing system 205 generates the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) for the breath-move interrelation evaluation representation by comparing the breath-move interrelation evaluation representation to the baseline breath-move interrelation evaluation to determine that the breath-move interrelation evaluation representation varies from the baseline breath-move interrelation evaluation within a threshold (e.g., ranking, see par 20, 22 & 49-50, or target breath rate, see par 46). In regards to claim 3, Schindhelm discloses the device of claim 1 wherein the activity involves cyclical movement and wherein the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) for the breath-move interrelation evaluation comprise guidance related to the cyclical movement. In regards to claim 4, Schindhelm discloses the device of claim 1 wherein the processing system 205 evaluates the set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49) between the data characterizing the user breath pattern (e.g., first and/or second respiratory data) and the data characterizing the user movement (e.g., activity data) against a preferred interrelation (e.g., optimized breathing pattern associated with a sports activity) between the data characterizing the user breath pattern (e.g., first and/or second respiratory data) and the data characterizing the user movement (e.g., activity data), wherein the processing system 205 identifies the preferred interrelation (e.g., optimized breathing pattern) using the contextual metadata that identifies the one or more of the user (e.g., user profile, see par 74), the activity (see par 47), and an activity type (see par 47), wherein the processing system 205 identifies the preferred interrelation (e.g., optimized breathing pattern) using a preferred breath-move interrelation model (e.g., ranking or rating) or a model which comprises one or more preferred breath-move interrelation representation type (see par 17, 20, 49-50 & 65). In regards to claim 5, Schindhelm discloses the device of claim 1 wherein the activity is selected from the group consisting of sleep (see par 76), exercise (see par 47), a wellness activity (e.g., relaxation, see par 38), work (e.g., athlete, see par 47), and watching an event or performance (e.g., watching television, see par 64). In regards to claim 6, Schindhelm discloses the device of claim 1 wherein the instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) to provide the breath-move interrelation evaluation representation at the user interface of the electronic device provides one or more selected from the group of a symbolic visual representing the breath-move interrelation representation as a visual component of the user interface (see par 71), visual symbol (see par 22 & 44), audio feedback (see par 66 & 70), text, graph (see par 71), lighting feedback (see par 66 & 70), tactile feedback (see par 66 & 70), and vibration feedback (see par 66 & 70). In regards to claim 7, Schindhelm discloses the device of claim 1 wherein the processing system 205 computes the set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49) between the data characterizing the user breath pattern (e.g., first and/or second respiratory data) and the data characterizing the user movement (e.g., activity data) using a machine learning model for interrelation between breathing patterns and movement (see par 64). In regards to claim 8, Schindhelm discloses the device of claim 1 wherein the processing system 205 uses a machine learning model comprising one or more preferred breath-move interrelations types (e.g., normative data from professional athletes, the general public, and/or other subsets of individuals relating to and/or performing similar athletic activities as the current user) to evaluate the set interrelations between the data characterizing the user breath pattern (e.g., first and/or second respiratory data) and the data characterizing the user movement (e.g., activity data) (see par 64). In regards to claim 9, Schindhelm discloses the device of claim 1 wherein the processing system 205 extracts, from the data characterizing the user movement (e.g., activity data), one or more features movement associated with a specific body portion and/or limb (inherently dependent on the type of sports, see par 47) and computes the set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49) using the one or more extracted features. In regards to claim 10, Schindhelm discloses the device of claim 1 wherein the processing system 205 uses the data characterizing the user movement (e.g., activity data) to identify an eccentric aspect (e.g., direction and amplitude of breathing-in sound signature) and associate an inhalation logic, and to identify a concentric aspect (e.g., direction and amplitude of breathing-out sound signature) and associate an exhalation logic (see at least par 44-46, 51 & 53). In regards to claim 11, Schindhelm discloses the device of claim 1 wherein the processing system 205 extracts, from the data characterizing the user breath pattern (e.g., first and/or second respiratory data), one or more features selected from the group of depth of inhalation (see at least par 51), oxygen levels (see par 65), and rate (see par 51), and computes the set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49) using the one or more extracted features. In regards to claim 12, Schindhelm discloses the device of claim 1 wherein the processing system 205 identifies one or more of another user, user group, user type (e.g., normative data 505 may include respiratory and/or physiological data of professional athletes, the general public, and/or other subsets of individuals relating to and/or performing similar athletic activities as the current user, see par 64), and compares the set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49) against a second interrelation associated with one or more of the other user, the user group, the user type, a previously generated interrelation for the user, an exemplary user, a generalized model (.e.g, average) based on a set of users (see par 64). In regards to claim 13, Schindhelm discloses the device of claim 1 wherein the processing system 205 evaluates a value associated with a breath-move interrelation evaluation representation and changes content for the user interface (see par 71) with content based on the value by presenting, and wherein the content is one or more of a coaching session (see par 45-46), and a notification (e.g., cues, see par 22, 24, 44, 52, 66 & 70). In regards to claim 14, Schindhelm discloses the device of claim 1 wherein the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) to provide the breath-move interrelation evaluation representation provide guidance to shift one or more of the user breath pattern (e.g., first and/or second respiratory data), the user movement (e.g., activity data) pattern to increase correspondence with a preferred (e.g., optimized) breath-move interrelation evaluation (see at least par 18, 22, 24, 26, 53 & 66). In regards to claim 15, Schindhelm discloses the device of claim 1 wherein the breath-move interrelation evaluation representation is associated with one or more types of breath-move interrelation evaluation representations, wherein the processing system 205 generates the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) for the breath-move interrelation evaluation representation by selecting a breath-move interrelation evaluation representation type based on one or more of a user group membership (e.g., professional athletes, the general public, and/or other subsets of individuals relating to and/or performing similar athletic activities as the current user, see par 64), a user preference (see par 38 & 74), and the activity (see par 38 & 74). In regards to claim 16, Schindhelm discloses the device of claim 1 wherein the processing system 205 is part of one or more selected from the group of an exercise apparatus, exercise platform, a smart mirror, smart phone, a computer, a tablet, and a smart watch (see par 59). In regards to claim 17, Schindhelm discloses the device of claim 1 wherein the processing system 205 communicates with a messaging system to provide the breath-move interrelation evaluation representation through notification message on the user interface (see par 71-72 & 75). In regards to claim 18, Schindhelm discloses the device of claim 1 wherein the one or more of the sensors is one or more of a camera (see par 71), a microphone type sensor (see par 54), a heart rate monitor (see par 24), a breathing monitor (see par 54), an oximetry sensor (see par 54), an accelerometer (see par 54), a restive sensor, a gyroscope, an inertial sensor (e.g., accelerometer, see par 54), a pressure sensor (see par 54), and an acoustic sensor (see par 54). In regards to claim 19, Schindhelm discloses a non-transitory computer readable medium with instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) stored thereon, that when executed by a hardware processor causes the processor to: transmit control signals (see par 43 & 71) to one or more sensors 201 (see at least figs. 2-3 & 6 and par 54-58) to perform measurements of a user associated with one or more activity (see par 47) of the user; receiving input data (see par 38, 48, 71 & 73) characterizing a user breathing pattern from the measurements and input data characterizing a user movement (e.g., activity data) from the measurements, PNG media_image2.png 418 650 media_image2.png Greyscale calculating a set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49) between the input data characterizing the user breath pattern (e.g., first and/or second respiratory data) and the input data characterizing the user movement (e.g., activity data) (see par 49-50); generating output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) for a breath-move interrelation evaluation representation based on the set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49); and transmitting the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) to provide the breath-move interrelation evaluation representation at a user interface of an electronic device (see par 71) or storing an indication of the breath-move interrelation evaluation representation in memory (see par 44-45 & 68-69). In regards to claim 20, Schindhelm discloses a computer implemented method for generating output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) for a breath-move interrelation evaluation, the method comprising: transmitting control signals (see par 43 & 71) to one or more sensors 201 (see at least figs. 2-3 & 6 and par 54-58) to perform measurements of a user associated with one or more activity (see par 47) of the user and synchronize the one or more one or more sensors 201 (see at least figs. 2-3 & 6 and par 54-58) performing measurements; receiving, using at least one hardware processor and the one or more sensors 201 (see at least figs. 2-3 & 6 and par 54-58) to perform measurements, input data (see par 38, 48, 71 & 73) that comprises data characterizing a user breath pattern (e.g., first and/or second respiratory data); receiving, using the at least one hardware processor and the one or more sensors 201 (see at least figs. 2-3 & 6 and par 54-58) to perform measurements, input data (see par 38, 48, 71 & 73) that comprises data characterizing a user movement (e.g., activity data); PNG media_image2.png 418 650 media_image2.png Greyscale receiving, using the at least one hardware processor, metadata related to the data characterizing the user breath pattern (e.g., first and/or second respiratory data) and the data characterizing the user movement (e.g., activity data) (see par 38, 48, 71 & 73-74); computing using the at least one hardware processor, a set of interrelations (e.g., associating respiratory data with a sports activity, including correlating good activity performance(s) and desirable breathing patterns, see at least par 16-17, 42 & 48-49) based on the data characterizing the user breath pattern (e.g., first and/or second respiratory data) and the data characterizing the user movement (e.g., activity data) (see par 49-50); generating, based on the calculated interrelations, the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) to provide the breath-move interrelation evaluation; and transmitting the output instructions (e.g., output cues, such as visual, audio and/or tactile feedback, see abstract & par 22-26 & 51-52) to provide the breath-move interrelation evaluation representation at a user interface of an electronic device (see par 71) or store the breath-move interrelation evaluation representation in memory (see par 44-45 & 68-69). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENE T TOWA whose telephone number is (313)446-6655. The examiner can normally be reached Mon-Fri, 9:00 AM-5:00 PM. 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, Jason M. Sims can be reached at 571-272-7540. 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. /RENE T TOWA/Primary Examiner, Art Unit 3791
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Prosecution Timeline

Sep 07, 2023
Application Filed
Sep 02, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
49%
Grant Probability
67%
With Interview (+17.5%)
4y 3m (~1y 2m remaining)
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