DETAILED ACTION
A. This action is in response to the following communications: Transmittal of New Application filed 04/03/2024.
B. Claims 1-20 remains pending.
Claim Interpretation
1. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
2. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
3. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
3a. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
3b. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
3c. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Francis, Richard (US Pub. 2016/0055758 A1), herein referred to as “Francis”.
As for claims 1, 11, 16 and 21, Francis teaches. A system and corresponding computer-implemented method of claim 11 and system of claim 21 for managing events using an avatar-based user interface, the system comprising (par. 12 hardware environment used for implemented the invention):
a graphical user interface (GUI) for a user to visually interact with an avatar; and
at least one processor configured to (fig. 2; user has created an avatar representative of themselves within the application):
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receive, via the GUI, event information pertaining to a body part of the user;
associate the event information to a body part of the avatar, wherein the body part of the avatar corresponds to the body part of the user (fig. 3; par. 44 discusses providing a list menu for selection of individual categories of information; then on fig. 4 display visual color coded icons associated with body parts of avatar wherein user can hoover/click on visual displayed icons that are color coded flagged information wherein window pane 70 and 57 along with other not yet displayed window/pane, pending user interaction, on other visual icons display in-depth information be it due date, priority , location data for appointment related to health; all of which is being displayed simultaneously with avatar and visual colored icons);
and generate a reminder for the user based on the event information associated to the body part of the avatar (fig. 3; goals category; par. 48-49 due dates with color coded flagged items; these dates relate to appointments, goals, screenings, system attention etc.).
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As for claims 2 and 17, Francis teaches. The system of claim 1, wherein the avatar is configured to be personalized, and wherein the avatar is a two-dimensional or three-dimensional figure (fig. 2 display depicting 2D/3D user avatar/figure in virtual environment).
As for claims 3 and 18, Francis teaches. The system of claim 1, wherein the body part of the avatar comprises subparts (fig. 4a; body part of avatar is broken up into subparts and related information for each subpart).
As for claims 4 and 19, Francis teaches. The system of claim 1, wherein the event information is indicative of appointment information with respect to a service provider, indicative of tasks, indicative of goals, or a combination thereof (par. 48 The system may also inform the user of due dates, reflecting any upcoming or outstanding dates associated with important screenings, appointments, areas in the system needing attention, etc.).
As for claims 5 and 13, Francis teaches. The system of claim 1, wherein the at least one processor is configured to: display, via the GUI, the reminder, wherein the reminder includes a date, a time, and a location associated with the event information (par. 49 The bottom panel shows the VI score for the category. Also allows access to the Red Flag Report, which provides a summary of all Red Flag items within the category and Overall Red Flags. Due Dates reflect any upcoming or outstanding dates associated with important screenings, appointments, areas in the system needing attention, etc.).
As for claims 6 and 14, Francis teaches. The system of claim 1, wherein the at least one processor is further configured to prompt, via the GUI, the user to acknowledge the reminder (par. 49 panel within the GUI is to prompt the user of notification such as due dates etc.).
As for claims 7, 12 and 22, Francis teaches. The system of claim 1, wherein the at least one processor is further configured to: assign a priority level to the reminder based on a deadline of the reminder, a level of importance of the reminder, or a combination thereof; and
modify an appearance of the body part of the avatar associated with the reminder based on the priority level (par. 49 red flags are among some visual indicator of ranked priority; par. 64 flags 52-60 are another example).
As for claim 8, Francis teaches. The system of claim 7, wherein, when a plurality of reminders is generated, the processor is further configured to assign respective priority levels to the plurality of reminders and generate a heat map of the plurality of reminders based on the respective priority levels (par. 45 FIG. 4A illustrates an exemplary biometric display 50 including associative active code flags 52, 54, 56, 58, and 60 that are either click-activated or fly-over activated using an input device (e.g., a mouse). The active code flags 52, 54, 56, 58, and 60 may include an indicia, which may be a geometric shape (e.g., a square, circle, triangle, diamond, star, etc), a color (e.g., red, green, yellow, white, gray, etc.), and/or an associated sound or other visual or auditory indicator of the status of the active code flag. In one implementation, the active code flags are color-coded on a red-orange-yellow-green paradigm, with a red color indicating a high health risk status, an orange color indicating a moderate health risk status, a yellow color indicating a low to moderate risk, and a green color indicating good health. A white color is indicative that no data is available for that particular risk factor).
As for claims 9 and 15, Francis teaches. The system of claim 1, wherein the at least one processor is further configured to: display, via the GUI, at least one message when the body part of the avatar is selected, wherein the message and the selected body part of the avatar are displayed simultaneously, and wherein the message includes a date, a time, a location, a description, a priority level, or a combination thereof associated with the event information (fig. 4 display icons associated with body parts of avatar wherein user can hoover/click on visual displayed icons that are color coded flagged information wherein window pane 70 and 57 along with others pending user clicks on other visual icons display in-depth information be it due date, priority , location data for appointment related to health; all of which is being displayed simultaneously with avatar and visual colored icons).
As for claims 10 and 20, Francis teaches. The system of claim 1, wherein the at least one processor is further configured to: store a user profile associated with the user in a database, the user profile including the avatar having the generated reminder associated to the body part of the avatar; and transmit the user profile to at least one other user, such as to enable collaborative interaction between the users (par. 26 approved third party healthcare resources such as insurance companies, pharmacies, diagnostic laboratories, doctor's offices, hospitals, etc. may provide the BDS with the user health information).
(Note :) It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DEVICES, SYSTEMS, AND METHODS FOR HEALTH MONITORING USING CIRCUMFERENTIAL CHANGES OF A BODY PORTION
Document ID
US 20170213437 A1
Date Published
2017-07-27
Abstract
Devices, systems, and methods for monitoring health parameters of an individual, including circumferential changes to a portion of the individual's body, are provided herein. A monitoring device includes: a stretchable component configured to fit securely around a body portion, and a sensor module coupled thereto. The sensor module is configured to obtain and transmit a circumference measurement of the body portion. The sensor module may be further configured to obtain and transmit measurements of one or more additional parameters. A related monitoring system includes the described monitoring device and a mobile computing device. The mobile computing device is configured, at least in part, to: process the circumference measurements to identify and analyze any change in circumference of the body portion, and generate a relevant alert output. Methods performed by the various devices and systems at are also provided.
PERSONALIZED AVATAR RESPONSIVE TO USER PHYSICAL STATE AND CONTEXT
Document ID
US 20150037771 A1
Date Published
2015-02-05
Abstract
Systems and methods are disclosed that facilitate visualizing how a user will appear in response to adhering to a health and fitness program. In an aspect, a system includes a reception component configured to receive information corresponding to a user's physical appearance and physical health, an analysis component configured to determine or infer one or more changes to the user's physical appearance based on predicted performance of a health and fitness program by the user and the user's physical health, and a visualization component is configured to generate a visual representation of the user based on the information and the one or more changes to the user's physical appearance.
Inquires
Any inquiry concerning this communication should be directed to NICHOLAS AUGUSTINE at telephone number (571)270-1056.
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.
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/NICHOLAS AUGUSTINE/Primary Examiner, Art Unit 2178 December 16, 2025