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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Step 1: The claims are directed to a method and non-transitory computer readable medium which falls within one of the statutory categories of invention. Step 2A, Prong One: Independent claim(s) 1 & 7, recite(s) receiving, generating and providing, computing device and client device and independent claim 14 recite receiving, generating, monitoring and determining, processor, client device and sensor. The claims and background of the application do not put any limits on the plain meanings of receiving, generating and providing, computing device and client device. Independent claims 1, 7 & 14 recites processor, client device, computing device and sensor and is recited at a high level of generality, i.e. as a generic elements performing generic functions. The broadest reasonable interpretation of the steps is that those steps fall with the mental process grouping of abstract ideas because they cover concepts performed in the human mind, selection by a human and/or can be presented using a piece of paper, including receiving, generating, monitoring, providing and determining. Step 2A, Prong Two: The claims recite a processor, client device, computing device and sensor. This judicial exception is not integrated into a practical application because these limitations do not impose any meaningful limits on the claims. Again, the processor, client device, computing device and sensor perform their generic functions and is recited at a high level of generality. With these limitations, the processor, client device, computing device and sensor are used as tools to perform the generic function of processing and collecting data. Therefore, in these limitations the processor, client device, computing device and sensor are used to perform an abstract idea, as discussed above in Step, 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic processor, client device, computing device and sensor. Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practice application, and the claim is directed to the judicial exception. Step 2B: As explained in the Step 2A, Prong Two, these are two additional elements. The additional elements of a processor, client device, computing device and sensor in the limitations are at best mere instructions to “apply” the abstract ideas, which cannot provide an inventive concept. See MPEP 2106.05(f). The additional elements were both found to be insignificant extra-solution activity in Step 2A, Prong Two, because they were determined to be insignificant limitations as necessary data processing or storing. As discussed in Step 2A, Prong Two above, the recitations of processor, client device, computing device and sensor are recited at a high level of generality. These elements amount to processing information and storing information and are well-understood, routine and conventional activity. Therefore, even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception with a processor, client device, computing device and sensor and insignificant extra-solution activity, which do not provide an inventive concept. So, these claims are in eligible.
Further, the claims are ineligible because the claims do not state the alternative. These claims state that if something was satisfied but does not state what happens or if it is not satisfied.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Lyke et al. (U.S. Publication Number 20210093919).
Referring to claim 1, Lyke et al. discloses comprising, by a computing device that is
communicatively coupled to a client device (Figs. 2B & 3): receiving at least one workout parameter associated with a workout routine (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); generating a workout object based on the workout routine, wherein the workout object is compatible with a fitness application installed on the client device (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); providing the workout object to the fitness application to cause the fitness application to generate a workout profile that is based on the workout object and that is associated with at least one condition (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); receiving, from the fitness application, progress information associated with the workout profile (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); and generating at least one workout record associated with the workout object to reflect that the at least one condition is satisfied (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 2, Lyke et al. discloses further comprising: causing at least one user interface to reflect that the at least one condition is satisfied (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 3, Lyke et al. discloses wherein the at least one workout parameter comprises workout parameters for two separate and distinct types of workouts (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 4, Lyke et al. discloses further comprising, prior to receiving the at least one workout parameter: providing at least one user interface that enables the at least one workout parameter to be received (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 5, Lyke et al. discloses wherein generating the workout object based on the workout providing the at least one workout parameter to an Application Programming Interface (API) that is accessible to the computing device (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); and receiving the workout object from the API (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 6, Lyke et al. discloses wherein the computing device comprises: a complementary device with which the client device is communicably paired, or a server device with which the client device is communicably paired, wherein the server device receives the workout object from a management device (Figs. 2B & 3).
Referring to claim 7, Lyke et al. discloses comprising, by a fitness application executing on a client device: receiving a workout object from an entity that is external to the fitness application (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); generating, within the fitness application, a workout profile that is based on the workout object, wherein the workout profile is associated with at least one condition (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); monitoring information gathered from at least one sensor that is communicatively coupled to the client device (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); and in response to determining, based on the information, that the at least one condition is satisfied: causing at least one user interface to reflect that the at least one condition is satisfied (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 8, Lyke et al. discloses wherein the fitness application is a native application of an operating system (OS) executing on the client device (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 9, Lyke et al. discloses wherein: the information comprises a current date/time (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); the at least one condition is satisfied when the current date/time matches and/or exceeds a scheduled date/time associated with the workout profile (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); and causing the at least one user interface to reflect that the at least one condition is satisfied comprises displaying a prompt to activate the workout profile (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 10, Lyke et al. discloses wherein: the information comprises at least one workout metric; the at least one condition is satisfied when the at least one workout metric satisfies at least one workout parameter associated with the workout profile (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); and causing the at least one user interface to reflect that the at least one condition is satisfied comprises displaying at least one notification that the at least one workout parameter is satisfied (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 11, Lyke et al. discloses wherein the method further comprises: providing, to the entity, progress information associated with the workout profile (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 12, Lyke et al. discloses wherein the progress information causes the entity to update at least one workout record associated with the workout object to reflect the progress information (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 13, Lyke et al. discloses wherein the entity comprises: a complementary device with which the client device is communicably paired or
a server device with which the client device is communicably paired, wherein the server device receives the workout object from a management device (Figs. 2B & 3).
Referring to claim 14, Lyke et al. discloses a non-transitory computer readable storage medium configured to store instructions that, when executed by at least one processor included in a client device, cause the client device to execute a fitness application that derives workout profiles from workout objects (Figs. 2B & 3), by carrying out steps that include: receiving a workout object from an entity that is external to the fitness application (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); generating, within the fitness application, a workout profile that is based on the workout object, wherein the workout profile is associated with at least one condition (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); monitoring information gathered from at least one sensor that is communicatively coupled to the client device (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016)e; and in response to determining, based on the information, that the at least one condition is satisfied: causing at least one user interface to reflect that the at least one condition is satisfied (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 15, Lyke et al. discloses wherein the fitness application is a native application of an operating system (OS) executing on the client device (Figs. 2B & 3 and paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 16, Lyke et al. discloses wherein: the information comprises a current date/time (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); the at least one condition is satisfied when the current date/time matches and/or exceeds a scheduled date/time associated with the workout profile (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016); and causing the at least one user interface to reflect that the at least one condition is satisfied comprises displaying a prompt to activate the workout profile (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 17, Lyke et al. discloses wherein: the information comprises at least one workout metric (Figs. 2B & 3); the at least one condition is satisfied when the at least one workout metric satisfies at least one workout parameter associated with the workout profile (Figs. 2B & 3); and causing the at least one user interface to reflect that the at least one condition is satisfied comprises displaying at least one notification that the at least one workout parameter is satisfied (Figs. 2B & 3).
Referring to claim 18, Lyke et al. discloses wherein the steps further include: providing, to the entity, progress information associated with the workout profile (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 19, Lyke et al. discloses wherein progress information causes the entity to update at least one workout record associated with the workout object to reflect the progress information (paragraphs 0010, 0006, 0105, 0106, 0110 & 0016).
Referring to claim 20, Lyke et al. discloses wherein the entity comprises a complementary device with which the client device is communicably paired or a server device with which the client device is communicably paired, wherein the server device receives the workout object from a management device (Figs. 2B & 3).
Response to Arguments
Applicant’s arguments, see amended claims, filed 9/30/2025, with respect to 35 USC 112, second paragraph have been fully considered and are persuasive. The objection of claims 1-20 have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715