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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 2, 8 , 9, 13, 14, and 16 have been cancelled.
Claims 1, 3-7, 10-12, 15, and 17-26 have been examined.
Response to Arguments
Applicant's arguments filed 5/21/2026 have been fully considered but they are not persuasive.
Applicant argues:
“King discusses "FIG. 10 shows an example of a computing environment 920 with a prescription engine 922 that may cooperate with native applications on mobile user devices 924 and other components to effectuate some or all of the above-described techniques." See King at paragraph [0174]. King further discusses "the user is associated with a mobile computing device upon which a native application executes; the native application is configured to send events to the fitness prescription engine via a network." See King at paragraph [0012] and FIG. 10 (e.g., mobile user devices 924, network 932, prescription module 952).
Examiner respectfully notes that while this reference is one embodiment disclosed in King, King also discloses in Paragraph 0147 that prescriptions may be delivered through a GUI on the native application, the GUI being a Smart TV, thus meeting the claim language of a launching, by a smart television, a television application for executing on a smart television.
Applicant further argues:
King, however, does not teach, suggest, or disclose the novel features of amended independent claim 7 of "based on determining that the second information and data indicate an improvement in achieving the initial setup of fitness goals: providing the second information and data as training data for use by an artificial intelligence module to train an artificial intelligence model; and generating, by the artificial intelligence module using the trained artificial intelligence model, a second media content recommendation directed towards achieving the initial setup of fitness goals."
Examiner again notes that, while this is one function disclosed by King, it is not the only function. Paragraphs 0188-0189 disclose that information is provided to a machine learning model and based on a fitness history of the user, goals of the user, the event, a geolocation of the user, environmental parameters of the user, and the like (such as feedback) which then causes the system to present content recommendations to the user.
Claim Rejections - 35 USC § 103
Claims 1, 3-5, 7-15, 17-19, 21, and 22-26 are rejected under 35 U.S.C. 103 as being unpatentable over King et al (US Patent Application Publication 2018/0036591) in view of Rastegar-Panah (US Patent Application Publication 2018/0293911)
1. King et al disclose a method comprising:
launching, by a smart television, a television application for executing on the smart television (Par. 0147: Prescriptions may be delivered through a GUI on the native application, the GUI being a Smart TV);
rendering, by the television application (Par. 0099),
receiving, by the television application, selected fitness goal criteria (124; Par. 0063-0064) for use in an initial setup of fitness goals for the user (e.g. when a user inputs information regarding their fitness goals to a user profile);
sending, by the television application, the selected fitness goal criteria to a server computer (108) communicatively coupled to the smart television for use by the server computer in generating a media content recommendation directed towards achieving the fitness goals of the user (Fig 11: 980);
receiving a sequence of selectable information items (“fitness resource(s)”) that correspond to media content items sourced by a plurality of different media content providers based on the media content recommendation (Par. 0189);
rendering, by the television application, the sequence of selectable information items in a second user interface for display on the smart television (Claim 1: determining a current fitness-related prescription in response to both the fitness need based on a fitness goal of the user).
While King et al teach the use of a user’s profile which includes information and attributes related to fitness goals (Par. 0064) which are obtained through user input (Par. 0066) and retrieved by the system such that a user may elect a first workout video block from the collection based on the fitness goal (Abstract), King et al does not explicitly disclose the fitness goal setup option being included on the initial user interface such that a user selects this option to reach a first user interface which displays a list of fitness goal criteria which are selected by a user.
Rastegar-Panah discloses a similar adaptive workout program which takes productivity goal inputs from a user to create personalized content for a user for achieving a productivity objective More specifically Rastegar-Panah teaches a computing device having a display which has an initial user interface (Fig 8) on which a user selects a fitness goal setup option (“FitGoals” > ”Get Started”) which provides a first user interface with a list of fitness goal criteria (Fig 10; Par. 0145) which is selectable by a user to establish the desired productivity goals for the user. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the method of King et al to include an initial page on the display to allow a user to access a subsequent goals page at which a user can establish goals as taught by Rastergar-Panah to provide a singular interface in which a user can establish, access, and modify goals on a single device.
3. King et al disclose the method of claim 1, wherein information and data received by the server computer from at least one wellness device (Par. 0066) is used along with the selected fitness goal criteria in generating the media content recommendation directed towards achieving the fitness goals of the user (Par. 0069).
4. King et al disclose the method of claim 3, wherein updated information and data received by the server computer from the at least one wellness device is used; and along with the selected fitness goal criteria in generating an updated media content recommendation directed towards achieving the fitness goals of the user (Par. 0069).
5. King et al disclose the method of claim 1,
wherein the media content items are classified into at least one category based on the selected fitness goal criteria; and
wherein rendering the sequence of selectable information items comprises displaying the sequence of selectable information items in the second user interface for the media content recommendation classified into the at least one category in a cluster (Fig 9).
7. King et al disclose a non-transitory computer-readable medium storing executable instructions that when executed by at least one processor of a server computer cause the at least one processor to execute operations, the operations comprising:
receiving, by the server computer (Par. 0099), fitness goal criteria associated with a user (“user profile”; Par. 0064);
receiving by the server computer, first information and data indicative of at least one of a physical activity of the user or a wellness state of the user (Par. 0063-0064);
determining an initial setup of fitness goals for the user based on the first information and data indicative of at least one of the physical activity of the user or the wellness state of the user, or a combination thereof, and the fitness goal criteria (Par. 0034 and 0189; Fig 11);
generating a first media content recommendation directed towards achieving the initial setup of fitness goals for the user (Abstract; “electing a first workout video block from the collection based on both the fitness goal or the exercise constraint and an intensity level or body-region grouping of the selected first workout video block”);
receiving second information and data (e.g. “Feedback”) indicative of at least one of the physical activity of the user or the wellness state of the user; and
based on determining that the second information and data indicate an improvement in achieving the initial setup of fitness goals (Par. 0090-0095):
providing the second information and data as training data for use by an artificial intelligence module to train an artificial intelligence model (Par. 0188); and
generating, by the artificial intelligence module using the trained artificial intelligence model, a second media content recommendation directed towards achieving the initial setup of fitness goals (Par. 0189).
While King et al teach the use of a user’s profile which includes information and attributes related to fitness goals (Par. 0064) which are obtained through user input (Par. 0066) and retrieved by the system such that a user may elect a first workout video block from the collection based on the fitness goal (Abstract), King et al does not explicitly disclose the fitness goal setup option being included on the initial user interface such that a user selects this option to reach a first user interface which displays a list of fitness goal criteria which are selected by a user.
Rastegar-Panah discloses a similar adaptive workout program which takes productivity goal inputs from a user to create personalized content for a user for achieving a productivity objective More specifically Rastegar-Panah teaches a computing device having a display which has an initial user interface (Fig 8) on which a user selects a fitness goal setup option (“FitGoals” > ”Get Started”) which provides a first user interface with a list of fitness goal criteria (Fig 10; Par. 0145) which is selectable by a user to establish the desired productivity goals for the user. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the method of King et al to include an initial page on the display to allow a user to access a subsequent goals page at which a user can establish goals as taught by Rastergar-Panah to provide a singular interface in which a user can establish, access, and modify goals on a single device.
10. King et al disclose the non-transitory computer-readable medium of claim 7, wherein the operations further comprise
selecting first media content items from a plurality of media content providers based on the first media content recommendation (Par. 0069);
categorizing the first media content items into a plurality of categories; and
for each category, sending, by the server computer and to the smart television, a first sequence of selectable information items that correspond to the media content items in a respective category for display in a respective cluster in a user interface of the television application (Par. 0069-0072).
11. King et al disclose the non-transitory computer-readable medium of claim 10, wherein the plurality of categories are related to plans and activities for achieving the fitness goals for the user (Par. 0069-0072).
12. King et al disclose the non-transitory computer-readable medium of claim 7,
wherein the operations further comprise:
selecting second media content items from the plurality of media content providers based on the second media content recommendation (Par. 0090);
categorizing the second media content items into the plurality of categories (Par. 0091); and
for each category, sending, by the server computer and to the smart television, a second sequence of selectable information items that correspond to the second media content items in a respective category for display in a respective cluster in the user interface of the television application (Figs 9-11; 0087-0092).
15. King et al disclose a system comprising:
at least one processor; and
a non-transitory computer-readable medium storing executable instructions that execute a television application on a smart television (Par. 0099), the television application configured to:
render an initial user interface for display on the smart television based on a launching of the television application by the smart television (Par. 0147: Prescriptions may be delivered through a GUI on the native application, the GUI being a Smart TV);
receive a selection of a fitness goal setup option (Par. 0064);
receive fitness goal criteria from the list of fitness goal criteria for selection by the user for use in an initial set up of fitness goals for the user (124; Par. 0063-0064);
send the selected fitness goal criteria to a server computer (108) communicatively coupled to the smart television for use by the server computer in generating a media content recommendation directed towards achieving the fitness goals for the user (Fig 11: 980);
receive a sequence of selectable information items (“fitness resource(s)”) that correspond to media content items sourced by a plurality of different media content providers based on the media content recommendation (Par. 00189); and
render the sequence of selectable information items in a second user interface for display on the smart television (Claim 1: determining a current fitness-related prescription in response to both the fitness need based on a fitness goal of the user).
While King et al teach the use of a user’s profile which includes information and attributes related to fitness goals (Par. 0064) which are obtained through user input (Par. 0066) and retrieved by the system such that a user may elect a first workout video block from the collection based on the fitness goal (Abstract), King et al does not explicitly disclose the fitness goal setup option being included on the initial user interface such that a user selects this option to reach a first user interface which displays a list of fitness goal criteria which are selected by a user.
Rastegar-Panah discloses a similar adaptive workout program which takes productivity goal inputs from a user to create personalized content for a user for achieving a productivity objective More specifically Rastegar-Panah teaches a computing device having a display which has an initial user interface (Fig 8) on which a user selects a fitness goal setup option (“FitGoals” > ”Get Started”) which provides a first user interface with a list of fitness goal criteria (Fig 10; Par. 0145) which is selectable by a user to establish the desired productivity goals for the user. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the method of King et al to include an initial page on the display to allow a user to access a subsequent goals page at which a user can establish goals as taught by Rastergar-Panah to provide a singular interface in which a user can establish, access, and modify goals on a single device.
17. King et al disclose the system of claim 15, wherein the information and data received by the server computer from at least one wellness device (Par. 0066) is used along with the selected fitness goal criteria in generating the media content recommendation directed towards achieving the fitness goals for the user (Par. 0069).
18. King et al disclose the system of claim 17, wherein updated information and data received by the server computer from the at least one wellness device is used along with the selected fitness goal criteria in generating an updated media content recommendation directed towards achieving the fitness goals for the user (Par. 0069).
19. King et al disclose the system of claim 15, wherein the media content items are classified into at least one category based on the selected fitness goal criteria; and
wherein rendering the sequence of selectable information items comprises displaying the sequence of selectable information items in the second user interface for the media content recommendation classified into the at least one category in a cluster (Figs 9-11; 0087-0092).
21. King et al disclose the system of claim 15, wherein the television application is further configured to:
maintain a record of interactions with the media content items; and
send, to the server computer, the record of the interactions for use with the selected fitness goal criteria in generating a media content recommendation directed towards achieving the fitness goals for the user (Par. 0183-0185).
22. King et al disclose the method of claim 5, further comprising:
receiving, from the server computer, description and information text related to an applicability of the media content recommendation towards achieving fitness goals for the user (Par. 0029); and
displaying, by the television application, the description and information text along with descriptive text for the at least one category in the second user interface along with the sequence of selectable information items (Par. 0147).
23. King et al disclose the non-transitory computer-readable medium of claim 7, further comprising:
building the artificial intelligence model using the fitness goal criteria, the first media content recommendation, and the first information and data indicative of at least one of a physical activity of the user or a wellness state of the user (Paragraphs 0188-0189 disclose that information is provided to a machine learning model and based on a fitness history of the user, goals of the user, the event, a geolocation of the user, environmental parameters of the user, and the like (such as feedback) which then causes the system to present content recommendations to the user).
24. King et al disclose the non-transitory computer-readable medium of claim 23, further comprising:
receiving updated fitness goal criteria associated with the user of the television application; and
retraining the artificial intelligence model using the updated fitness goal criteria, the second information and data indicative of at least one of a physical activity of the user or a wellness state of the user, and the second media content recommendation (Paragraphs 0188-0189 disclose that information is provided to a machine learning model and based on a fitness history of the user, goals of the user, the event, a geolocation of the user, environmental parameters of the user, and the like (such as feedback) which then causes the system to present content recommendations to the user).
25. King et al disclose the non-transitory computer-readable medium of claim 10, further comprising:
generating, by the artificial intelligence module using the artificial intelligence model, description and information text related to an applicability of the first media content recommendation towards achieving the initial setup of fitness goals for the user (Par. 0084); and
sending, to the smart television, the description and information text related to the applicability of the first media content recommendation towards achieving the fitness goals for the user, and descriptive text for at least one category of the plurality of categories for display by the television application in the user interface along with the first sequence of selectable information items (Par. 0084).
26. King et al disclose the system of claim 19, wherein the television application is further configured to:
receive, from the server computer, description and information text related to an applicability of the media content recommendation towards achieving the fitness goals for the user (Par. 0084); and
display, in the second user interface with the sequence of selectable information items, the description and information text, and descriptive text for the at least one category (Par. 0084).
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over King et al in view of Schindler as applied to Claims 1, 3-5, 7-15, 17-19, 21, and 22-26 above and further in view of Asikainen et al (US Patent Application Publication 2022/0296966).
King et al in view of Schindler disclose the method and system significantly as claimed, but do not explicitly disclose wherein the television application includes a plurality of tabbed interfaces; and wherein the method further comprises: presenting the initial user interface in an initial tab of the plurality of tabbed interfaces; presenting the first user interface in a first tab of the plurality of tabbed interfaces; and presenting the second user interface in a second tab of the plurality of tabbed interfaces.
Asikainen et al teach a similar method and system which recommends exercises based on user goal inputs. The interface is presented as an initial user interface via a profile tab (top corner of Figs 5-6). The interface also presents a plurality of tabs including a first and second user interface (Figs 6-8 and 15) which organizes the display in an easy to navigate format. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the user interface of King et al and Schindler to include a plurality of tabs as taught by King et al to allow the personal training engine to cooperates with the user interface engine for displaying the selected workout program on the display.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 8/5/2026