DETAILED ACTION
This action is made in response to the Preliminary amendment filed on 11/18/2024. This action is made non-final.
Claims 1-14 are pending. Claims 1, 13, and 14 are independent claims.
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 .
Information Disclosure Statement
An applicant's duty of disclosure of material information is not satisfied by presenting a patent examiner with "a mountain of largely irrelevant data from which he is presumed to have been able, with his expertise and with adequate time, to have found the critical data. It ignores the real world conditions under which examiners work." Rohm & Haas Co. v. Crystal Chemical Co., 722 F.2d 1556, 1573, 220 U.S.P.Q. 289 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). An applicant has a duty to not just disclose pertinent prior art references but to make a disclosure in such way as not to "bury" it within other disclosures of less relevant prior art. See Golden Valley Microwave Foods Inc. v. Weaver Popcorn Co. Inc., 24 U.S.P.Q.2d 1801 (N.D. Ind. 1992); Molins PLC v. Textron Inc., 26 U.S.P.Q.2d 1889, 1899 (D. Del. 1992); Penn Yan Boats, Inc. v. Sea LarkBoats, Inc. etaL, 175 U.S.P.Q. 260, 272 (S.D. FI. 1972). It is unreasonable for Examiner to review all of the cited references thoroughly. By initialing the accompanying 1449 forms, Examiner is merely acknowledging the submission of the cited references and indicating that only a cursory review has been made.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 2, 4-12, 14, 27 of U.S. Patent No. 11712179 (hereinafter ‘179), respectively.
Instant Application 18/674,619
U.S. Patent ‘179
Claim 1.
An electronic device comprising:
a display;
one or more sensors;
one or more processors; and
memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
Claim 1.
An electronic device comprising:
a display;
one or more sensors;
one or more processors; and
memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
- receiving first user activity data for a first user, wherein the first user activity data corresponds to a first time period;
- receiving first user activity data for a first user, wherein the first user activity data corresponds to a first time period and a second time period;
- receiving second user activity data for a second user, wherein the second user activity data corresponds to the first time period, and wherein the first time period includes a first elapsed sub-period and a first unelapsed sub-period for an activity competition between the first user and the second user; and
- receiving second user activity data for a second user, wherein the second user activity data corresponds to the first time period, and wherein the first time period includes a first elapsed sub-period and a first unelapsed sub-period for an activity competition between the first user and the second user;
- displaying, on the display, a user interface, wherein the user interface includes concurrent display of:
- displaying, on the display, a user interface, wherein the user interface includes concurrent display of:
- a first representation of the first user activity data and the second user activity data during the first elapsed sub-period for the activity competition between the first user and the second user;
- a representation of the first user activity data and the second user activity data during the first elapsed sub-period for the activity competition between the first user and the second user;
- a first indication of an amount of time in the first unelapsed sub-period for the activity competition between the first user and the second user;
- an indication of an amount of time in the first unelapsed sub-period for the activity competition between the first user and the second user;
- a second representation of a third user, wherein the third user is not in an activity competition with the first user;
- receiving a user input corresponding to a selection of the second representation of the third user; and
- in response to receiving the user input selecting the second representation of the third user, displaying a third representation indicating previous activity competitions between the first user and the third user.
- receiving third user activity data for the third user, wherein the third user activity data corresponds to the second time period, and wherein the second time period includes a second elapsed sub-period and a second unelapsed sub-period for an activity competition between the first user and the third user;
- a representation of the first user activity data and the third user activity data during the second elapsed sub-period for the activity competition between the first user and the third user; and
- an indication of an amount of time in the second unelapsed sub-period for the activity competition between the first user and the third user
Claim 2
Claim 8
Claim 3
Claim 2
Claims 4-12
Claims 4-12, respectively
Independent claim 13
Independent claim 14
Independent claim 14
Independent claim 27
Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims 1, 8, 2, 4-12, 14, 27 of 179” contains all the limitations of instant claims 1-14, respectively. Therefore, they are rejected on the ground of nonstatutory double patenting.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Mestas (US 2014/0244009 A1; hereinafter Mestas) in view of Hoffman et al. (US 2011/0098928 A1; hereinafter Hoffman).
As to claim 1, Mestas teaches:
An electronic device (see ¶ 0139) comprising:
a display (see ¶ 0142);
one or more sensors (see ¶ 0148-0150);
one or more processors (see ¶ 0202-0203); and
memory storing one or more programs configured to be executed by the one or more processors (see ¶ 0202-0203), the one or more programs including instructions for:
receiving first user activity data for a first user, wherein the first user activity data corresponds to a first time period (see ¶ 0211; the activity evaluation mode may include a specified period of time after initial activation of the device, during which the user's activity level is measured and recorded. The activity evaluation mode may be a required activity prior to full activation of the device. The period of time during which the user's activity level is measured and recorded may be 1 day (e.g., 24 hours). However, any period of time may be used including 30 minutes, 1 hour, 6 hours, 12 hours, 1 week, 5 days and the like. In some arrangements, the period of time may be used to calibrate the device and/or to establish a baseline activity level for a wearer of the device. ¶ 0204; The device 10 detects and records the activity of the user as the user progresses through the day);
receiving second user activity data for a second user, wherein the second user activity data corresponds to the first time period, and wherein the first time period includes a first elapsed sub-period and a first unelapsed sub-period for an activity competition between the first user and the second user (¶ 0383; the device 10 or device 4300 (FIG. 43) is capable of interacting with another device 10. Accordingly, a first user wearing the device 10 can compare their activity with the activity of a second user wearing a second device 10. The indicator system 20 on the device can indicate a first level of activity of the first user while also indicating a second level of activity of the second user. Similarly, the indicator system 20 on the second device can indicate the second level of activity of the second user while also indicating the first level of activity of the first user. The activity data of the other user can be communicated to the other device via wireless communication from a mobile device or remote site. The first user's activity level is displayed on the first segment of the indicator system and the second user's activity level is displayed on the second segment of the indicator system. See ¶ 0204; the device 10 may provide a daily progress goal indication. The user may set a goal to the device 10 wherein the user is to complete a certain amount of activity during a day, or 24 hour period or lesser time period. The device 10 detects and records the activity of the user as the user progresses through the day {~ including the elapsed hours and unelapsed hours}. See ¶ 0376; FIGS. 137A and 137B illustrate example competition or game interfaces that may be displayed when a user chooses to compete with a friend. The interfaces may also be used to provide a comparison between the amount of athletic activity performed by the user and another user. Accordingly, a user may select any friend or user with which to compare athletic activity, as shown in FIG. 137B. A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used. See Fig. 98A-98C and ¶ 0335; goal time periods that have yet to occur); and
displaying, on the display, a user interface, wherein the user interface includes [concurrent] display of (See ¶ 0376; FIGS. 137A and 137B illustrate example competition or game interfaces that may be displayed when a user chooses to compete with a friend. The interfaces may also be used to provide a comparison between the amount of athletic activity performed by the user and another user. Accordingly, a user may select any friend or user with which to compare athletic activity, as shown in FIG. 137B. A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used):
a first representation of the first user activity data and the second user activity data during the first elapsed sub-period for the activity competition between the first user and the second user (see Fig. 137A and ¶ 0376; the figure illustrates example competition interfaces that is displayed when a user chooses to compete with a friend; The interfaces may also be used to provide a comparison between the amount of athletic activity performed by the user and another user. Accordingly, a user may select any friend or user with which to compare athletic activity, as shown in FIG. 137B. A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used);
a first indication of an amount of time in the first unelapsed sub-period for the activity competition between the first user and the second user (¶ 01376; A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used. See Fig. 98A-98C and ¶ 0335; FIG. 98A illustrates an example activity tracking interface portion in which a goal completion status for each of a number of goal time periods 9801 is displayed. The completion status may be represented by an indicator or icon such as icons 9803 and 9805. Icon 9803 may indicate that the goal was met for that goal time period while icon 9805 may indicate that the goal was not met. Streaks indication portion 9807 may further convey to the user whether the user is on a streak, starting a streak, just ended a streak or the like. In some examples, portion 9807 may provide motivating messages to begin or continue a streak. Goal time periods that have yet to occur may be displayed in yet another visual manner. In one example, a current goal time period may be displayed differently from completed goal time periods and goal time periods that have yet to occur. ¶ 0310; the user’s activity can be broken down by day, week, hour, month, year. See Fig. 98A-98C and ¶ 0335; goal time periods that have yet to occur);
a second representation of a third user, wherein the third user is not in an activity competition with the first user (see ¶ 0374; more than one friend may be added to the activity session, if appropriate or desired);
receiving a user input corresponding to a selection of the second representation of the third user (see ¶ 0374; more than one friend may be added to the activity session, if appropriate or desired. See ¶ 0374-0377; a user may add friends to an activity session by searching through a list of friends; Selecting a friend, as shown in FIG. 136C, may display the user's profile as well as common activity interests and/or shared activity locations; competition or game interfaces that may be displayed when a user chooses to compete with a friend); and
in response to receiving the user input selecting the second representation of the third user, displaying a third representation indicating previous activity competitions between the first user and the third user (See ¶ 0374-0377; a user may add friends to an activity session by searching through a list of friends; Selecting a friend, as shown in FIG. 136C, may display the user's profile as well as common activity interests and/or shared activity locations; competition or game interfaces that may be displayed when a user chooses to compete with a friend).
Mestas does not expressly teach the user interface includes concurrent display of the first representation, a first indication, a second representation. However, the deficient limitation is disclosed by Hoffman. Specifically, Hoffman discloses a similar device comprising: user interface includes concurrent display of multiple representations (see Fig. 91 and ¶ 0240; Fig. 91 illustrates an interface conveying a progress of the competitors through progress bars 9101; Fig. 91 shows two progress bars are being displayed, but ¶ 0240 discloses that a user may also select more than one competitor to invite).
The references, each discloses a user interface for document collaboration. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teaching of Mestas and the teaching of Hoffman together to provide a user interface that is configured to concurrently display activity representations as claimed. One of ordinary skill in the art would have been motivated to make such a combination because of the overlapping subject matter, and the advantages described in Hoffman that allows the user to compete with other users; thus, provide a strong motivation to maintain a regular exercise program (Hoffman: see ¶ 0005).
As to claim 13, claim 13 is directed to a method for implementing the similar features as claimed in claim 1; therefore, is rejected under similar rationale (Mestas: see ¶ 0147).
As to claim 14, claim 14 is directed to a non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device having a display, the one or more programs including instructions for implementing the similar features as claimed in claim 1; therefore, is rejected under similar rationale (Mestas: see ¶ 0202, 0430).
As to claim 2, the rejection of claim 1 is incorporated. Mestas and Hoffman further teach: wherein the first user activity data corresponds to the first time period and a second time period, and wherein user interface further comprises concurrent display of: a fourth representation of the first user activity data and a third user activity data during a second elapsed sub-period for the activity competition between the first user and a fourth user; and a second indication of an amount of time in the second unelapsed sub-period for the activity competition between the first user and the fourth user; and wherein the one or more programs further include instructions for, receiving the third user activity data for the fourth user, wherein the third user activity data corresponds to the second time period, and wherein the second time period includes the second elapsed sub-period and a second unelapsed sub-period for an activity competition between the first user and the fourth user (Mestas: ¶ 01376; A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used. see ¶ 0374; more than one friend may be added to the activity session, if appropriate or desired. ¶ 0310; the user’s activity can be broken down by day, week, hour, month, year. See Fig. 98A-98C and ¶ 0335; goal time periods that have yet to occur. Hoffman: see Fig. 91 and ¶ 0240; Fig. 91 illustrates an interface conveying a progress of the competitors through progress bars 9101; Fig. 91 shows two progress bars are being displayed, but ¶ 0240 discloses that a user may also select more than one competitor to invite)). Because both Mestas and Hoffman discloses that the user can add more than one friend into an activity session for the competition display, thus, combining Mestas and Hoffman would meet the claimed limitations for the same reasons as set forth in claim 1.
As to claim 3, the rejection of claim 2 is incorporated. Mestas and Hoffman further teach: wherein a length of the first time period is the same as a length of the second time period. (Mestas: see Figs. 98A-98C and ¶ 0335; item 9803 represents daily goal periods. see ¶ 0374; more than one friend may be added to the activity session, if appropriate or desired).
As to claim 4, the rejection of claim 2 is incorporated. Mestas and Hoffman further teach: wherein a length of the first time period is different from a length of the second time period (Mestas: see ¶ 0286; Activity may be grouped by time periods such as days, weeks, months, hours, two hours, 6 hours, 12 hours and the like. Accordingly, the recent activity section 8207 may display a most recent number of activity periods. In a particular example, section 8207 may display the most recent 3 days of activity, each day being listed as an entry in section 8207. Section 8209 may be used to display records that have been achieved by the user. Records section 8209 may include multiple predefined record categories such as best day, best week, best month, best day of week, longest streak and the like. Selecting one of the categories may cause the application to display the corresponding record for that category).
As to claim 5, the rejection of claim 2 is incorporated. Mestas and Hoffman further teach: wherein the user interface further comprises: a first portion including the first representation, the second representation, the fourth representation, the first indication, and the second indication; and a second portion visually distinct from the first portion, the second portion including: a first affordance with an identification of the second user; a second affordance with an identification of the fourth user; and a third affordance with an identification of a fifth user not in an active activity competition with the first user. (Mestas: see Fig. 137A and ¶ 0376; the figure illustrates example competition interfaces that is displayed when a user chooses to compete with a friend; The interfaces may also be used to provide a comparison between the amount of athletic activity performed by the user and another user. Accordingly, a user may select any friend or user with which to compare athletic activity, as shown in FIG. 137B. A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used. See Figs. 180B-180C and ¶ 0426; the display may reflect a comparison between the competitor’s registered activity. See ¶ 0299; the application may determine and identify a period of highest activity as well as a percentage of the time period during which the user was active. The summary may further compare the user's performance with an average for other users. In some arrangements, the average may be an average for users of a particular type. For example, the average may be the average for all males, for all users ages 18-25, for all users living in a particular state, zip code, region, etc., for all users using a particular activity tracking device, for all users of a particular height or weight and/or combinations thereof. Hoffman: see Fig. 91 and ¶ 0240; Fig. 91 illustrates an interface conveying a progress of the competitors through progress bars 9101; Fig. 91 shows two progress bars are being displayed, but ¶ 0240 discloses that a user may also select more than one competitor to invite). Thus, combining Mestas and Hoffman would meet the claimed limitations for the same reasons as set forth in claim 1.
As to claim 6, the rejection of claim 5 is incorporated. Mestas and Hoffman further teach: wherein the third affordance includes a notification that the fifth user has requested to initiate an activity competition between the first user and the fifth user, the one or more programs further including instructions for: receiving a first user input corresponding to selection of the third affordance; and in response to receiving the first user input, initiating a process for starting an activity competition between the first user and the fifth user, wherein the activity competition between the first user and the fifth user causes first user activity data and fourth user activity data to be received during a time period (Mesta: see ¶ 0268-0271; users may compete with one another. For example, a user may compete with another user to see which user can accumulate the most activity points, calories burned, miles run or the like in a day or other predefined time frame. Activity points may be accumulated based on a user's physical movement or activity during the period of time. For example 1 point may be earned for every 20 calories burned. In another example, 1 point may be earned for every 0.25 mile run. Various types of conversion factors may be used. In other arrangements, the competition measure may be the activity metric (e.g., miles, calories, heart rate, etc. See ¶ 0326; FIG. 93 illustrates an example prompt or notification that may be provided to invite the user to further challenge themselves by increasing his or her completed goal. The prompt shown in FIG. 93 may also be provided to confirm the user's increase in the completed goal after the user has selected a desired revised goa. ¶ 0262; a relationship such as "friends" or "workout partners" may be established on the community site upon the other user accepting the request or upon detecting mutual requests being generated and sent. Hoffman: see Fig. 91 and ¶ 0240; Fig. 91 illustrates an interface conveying a progress of the competitors through progress bars 9101; Fig. 91 shows two progress bars are being displayed, but ¶ 0240 discloses that a user may also select more than one competitor to invite)). Thus, combining Mestas and Hoffman would meet the claimed limitations for the same reasons as set forth in claim 1.
As to claim 7, the rejection of claim 5 is incorporated. Mestas and Hoffman further teach: wherein the first representation of the first user activity data and the second user activity data includes: an identification of the first user; an identification of the second user; and a fifth representation based on a comparison of activity data for the first user and the second user for one or more previous time periods, preceding the time period (Mestas: see Fig. 137A and ¶ 0376; the figure illustrates example competition interfaces that is displayed when a user chooses to compete with a friend; The interfaces may also be used to provide a comparison between the amount of athletic activity performed by the user and another user. Accordingly, a user may select any friend or user with which to compare athletic activity, as shown in FIG. 137B. A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used. See Figs. 180B-180C and ¶ 0426; the display may reflect a comparison between the competitor’s registered activity. Hoffman: see Fig. 91 and ¶ 0240; Fig. 91 illustrates an interface conveying a progress of the competitors through progress bars 9101; Fig. 91 shows two progress bars are being displayed with the identities of the competitors, but ¶ 0240 discloses that a user may also select more than one competitor to invite)). Thus, combining Mestas and Hoffman would meet the claimed limitations for the same reasons as set forth in claim 1.
As to claim 8, the rejection of claim 5 is incorporated. Mestas and Hoffman further teach: wherein the third affordance includes a first icon indicating previous activity competitions between the first user and the fifth user (Mestas: see Fig. 137A and ¶ 0376; the figure illustrates example competition interfaces that is displayed when a user chooses to compete with a friend; The interfaces may also be used to provide a comparison between the amount of athletic activity performed by the user and another user. Accordingly, a user may select any friend or user with which to compare athletic activity, as shown in FIG. 137B. A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used. See Fig. 98A-98C and ¶ 0335; FIG. 98A illustrates an example activity tracking interface portion in which a goal completion status for each of a number of goal time periods 9801 is displayed. The completion status may be represented by an indicator or icon such as icons 9803 and 9805. Icon 9803 may indicate that the goal was met for that goal time period while icon 9805 may indicate that the goal was not met. Streaks indication portion 9807 may further convey to the user whether the user is on a streak, starting a streak, just ended a streak or the like. In some examples, portion 9807 may provide motivating messages to begin or continue a streak. Goal time periods that have yet to occur may be displayed in yet another visual manner. In one example, a current goal time period may be displayed differently from completed goal time periods and goal time periods that have yet to occur).
As to claim 9, the rejection of claim 8 is incorporated. Mestas and Hoffman further teach: wherein the second affordance includes a second icon indicating previous activity competitions between the first user and the fourth user, wherein the first icon has a first visual theme, and wherein the second icon has a second visual theme different from the first visual theme (Mestas: see ¶ 0207; certain illuminated colors or illuminated color schemes could be used for specific designations such as to designate a specific sponsored event, to designate that the user is performing activity in support of a charity, or to designate that the user is interacting with another user. The plurality of light elements of the indicator system can also be designated into separate segments to display indicia according to aspects of the invention as described herein. See ¶ 0311; The user's activity level may be visualized in a variety of manners including using graphs such as bar graph 8921. Each day of the week may be represented by an activity bar in graph 8921 and each bar may be color-coded to represent a level of goal completion. For example, if a user completed a daily goal on one or more days, the bars corresponding to those one or more days may be displayed in a first color such as green. However, if a user failed to reach a first threshold amount of the goal (e.g., 25%), the corresponding bar may be displayed in another color such as red. If a user reached the first threshold but failed to reach a second threshold, the corresponding bar may be displayed in yet another color such as yellow. Any number of thresholds may be defined and any number of colors may be used. In a particular example, thresholds for exceeding the goal may also be defined and may be represented by a color or pattern or visual effect. For example, if a user exceeds a goal by a specified amount (e.g., 10%), the activity bar may be displayed with flames or in black. If the user exceeds the goal by an even greater amount (e.g., 25%), the activity bar may be displayed as an ice block, for instance. Other visual, textual or image-based indicators may be used to indicate a level of completion of a corresponding goal, including icons, animations, patterns, levels of transparency and the like and/or combinations thereof).
As to claim 10, the rejection of claim 9 is incorporated. Mestas and Hoffman further teach: while displaying the user interface, receiving a third user input corresponding to a request to display an awards user interface; in response to receiving the third user input, displaying, on the display, a third user interface including: a first portion corresponding to a first type of icons, wherein the first type of icons relates to activity competitions, wherein the first portion includes the first icon and the second icon; and a second portion corresponding to a second type of icons, wherein the second portion includes a third icon (Mestas: see ¶ 0286; In addition to recent activity and records, the interface 8200 may further include a trophy section 8211 configured to display awards and achievements of the user. For example, various trophies and milestones may be defined such as reaching a certain number of activity points in one day, achieving a streak of days in which the individual has reached an activity point goal, exceeding a goal by a specified amount and the like. ¶ 0334, 0353, 0359; The user may be awarded with rewards or types of recognition including coupons, free products, virtual items including virtual apparel, icons, images etc., services, event tickets and the like. In some examples, a reward may include unlocking a new color or image to be used on a activity tracking device or in the mobile application. Additionally or alternatively, when a user has achieved a streak, an indication of the streak and/or reward may be transmitted to a wearable device through which activity is being tracked).
As to claim 11, the rejection of claim 10 is incorporated. Mestas and Hoffman further teach: receiving a fourth user input corresponding to selection of the third affordance; and in response to receiving the fourth user input, displaying a third user interface comprising a competition initiation affordance; receiving a fifth user input corresponding to the competition initiation affordance; and in response to receiving the fifth user input, initiating an activity competition between the first user and the fifth user, wherein the activity competition between the first user and the fifth user causes first user activity data and fourth user activity data to be received during a third time period (Mestas: see Fig. 137A and ¶ 0376; the figure illustrates example competition interfaces that is displayed when a user chooses to compete with a friend; The interfaces may also be used to provide a comparison between the amount of athletic activity performed by the user and another user. Accordingly, a user may select any friend or user with which to compare athletic activity, as shown in FIG. 137B. A graph may then be displayed, as shown in FIG. 137A, illustrating a comparison of athletic activity. A variety of graphs and comparison formats may be used. See Figs. 180B-180C and ¶ 0426; the display may reflect a comparison between the competitor’s registered activity. See ¶ 0299; the application may determine and identify a period of highest activity as well as a percentage of the time period during which the user was active. The summary may further compare the user's performance with an average for other users. In some arrangements, the average may be an average for users of a particular type. For example, the average may be the average for all males, for all users ages 18-25, for all users living in a particular state, zip code, region, etc., for all users using a particular activity tracking device, for all users of a particular height or weight and/or combinations thereof).
As to claim 12, the rejection of claim 1 is incorporated. Mestas and Hoffman further teach: while displaying the user interface, receiving, using a rotatable input mechanism of the electronic device, a sixth user input; and in response to receiving the sixth user input, updating the user interface to display a fourth affordance for a sixth user, wherein the fourth affordance is not visible prior to receiving the sixth user input (Mestas: see ¶ 0162, 0415, 0421; The rotary pawl 134 has a curved cam surface 135 and has a biasing spring 136. The rotary pawl 134 is secured generally at a central location to the body 130 by a fastener and cover plate shown in FIG. 12b. The rotary pawl 134 generally is rotatable about the central location. ¶ 0219; interfaces of the information display loop may scroll onto the display in a first direction (e.g., horizontally) while interfaces of the action loop may scroll onto the display in a second direction (e.g., vertically). The direction in which the various information display loops and/or specific display items are scrolled onto the display or otherwise appear on the display may be configurable. For example, a user may define a scroll direction on a separate computing device (e.g., mobile communication device, desktop computer, laptop computer, etc.) having software for configuring the athletic activity monitoring device. In another example, the athletic activity monitoring device may have configuration options and receive user configuration input itself. Thus, the information display loop may be configured to not scroll (e.g., the information will be displayed/appear without scrolling) or may be configured to scroll in a similar direction as the action loop. ¶ 0223; a user may be required to provide user input to progress from one warning message to another or from warning messages (which may be scrolling through automatically) to a first activity metric display. ¶ 0242; If a message (reminder or otherwise) is too wide or too tall to be displayed simultaneously on the device display, the message may be scrolled in a specified direction so that all information is displayed. Text may also be used to convey other metrics, type of metrics and/or units of measurement such as calories burned, steps taken, activity points earned and the like).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
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)).
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/TUYETLIEN T TRAN/Primary Examiner, Art Unit 2179
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