DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered and are persuasive. That is, the cited prior art fails to disclose or teach the amended limitations of a portable electronic processing device comprising…a processor…configured to: receive, via the one or more transceivers, navigational data and store the navigational data in the memory, the navigational data comprising directions for a running route and data regarding one or more attributes about the running route, the one or more attributes comprising at least one of whether the route comprises a sidewalk, whether the route comprises a trail, or whether the route is located within a safe neighborhood; receive the location data; and communicate, via the one or more transceivers, data regarding the running route and the location data to the eyeglasses, wherein the eyeglasses are configured to display, in a field of view of a wearer based on data regarding the running route and the location data received from the portable electronic processing device, a navigation arrow that indicates to the wearer which way the wearer should run to follow the running route. Accordingly, the rejections under 35 U.S.C. 102 and 35 U.S.C. 103 have been withdrawn.
However, a new ground(s) of rejection has been presented in light of the amendments to the claims, as discussed in detail below.
Claim Objections
Claim 23 is objected to because of the following informalities:
“a portable electronic processing device” recited in claim 23, ln. 2 should likely read “[[a]]the portable electronic processing device”; and
“obtaining location data” recited in claim 23, ln. 5 should likely read “obtaining the location data”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-9, 11-13, and 22-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the Specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 recites in part “a portable electronic processing device comprising: a memory; one or more transceivers; a satellite-based positioning system receiver for obtaining location data, and a processor communicatively coupled to the memory, the one or more transceivers, and the satellite-based positioning system receiver and configured to: receive, via the one or more transceivers, navigational data and store the navigational data in the memory, the navigational data comprising directions for a running route and data regarding one or more attributes about the running route, the one or more attributes comprising at least one of whether the route comprises a sidewalk, whether the route comprises a trail, or whether the route is located within a safe neighborhood; receive the location data; and communicate, via the one or more transceivers, data regarding the running route and the location data to the eyeglasses, wherein the eyeglasses are configured to display, in the field of view of the wearer based on the data regarding the running route and the location data, a navigation arrow that indicates to the wearer which way the wearer should run to follow the running route.” However, the Specification does not disclose communicating, via the one or more transceivers of the portable electronic processing device, data regarding the running route and the location data to the eyeglasses, as required by the claim (see Specification, [0111-0113], “In an embodiment, GPS receiver 305 enables the portable electronic processing device, for example, to provide navigational instructions to a runner using the device. The directions for a running route can be down-loaded to the portable electronic processing device prior to a run and stored in memory 304. In addition to navigational instructions, attributes about the running route such as, for example, whether the route has sidewalks, is on a trail, is located within a safe neighborhood, et cetera, can also be down-loaded and viewed.” (emphasis added); see also [0113], “In an embodiment, GPS receiver 305 and information stored in the memory of portable electronic processing device 300 (or information received, e.g., from the internet using cellular transceiver 316) are used to provide navigational instructions, for example, to a runner. In an embodiment, the runner can enter into portable electronic processing device 300 that he or she would like to run five kilometers, for example, and the portable electronic processing device will automatically select/map-out an appropriate route and provide navigation instructions to the runner during the run.”; see further [0225], “In an embodiment, a sports training system according to the present invention includes glasses that display text and/or graphical information (e.g., other than color indications) within the field of view of the wearer. This information provides feedback to the wearer, for example, about performance and/or navigation. In one embodiment, the graphical information includes, for example, navigation arrows that indicate to a runner which way the runner should run.”). Accordingly, the claim lacks written description.
Claim 22 is rejected for similar reasoning (see claim 22, ln. 3-8, “eyeglasses configured to: receive, from a portable electronic processing device, data regarding a running route and location data, and display, in a field of view of a wearer based on the data regarding the running route and the location data, a navigation arrow that indicates to the wearer which way the wearer should run to follow the running route.”).
Claims 9 and 25 are also rejected for similar reasoning (see claim 9, ln. 2-4 & claim 25, ln. 1-4, “wherein the processor is configured to communicate, via the one or more transceivers, the data regarding the one or more attributes about the running route to the eyeglasses, and wherein the eyeglasses are configured to display, in the field of view of the wearer, the data regarding the one or more attributes about the running route.”; see Specification, [0111], which is the only location that mentions attributes about the running route and which states “In an embodiment, GPS receiver 305 enables the portable electronic processing device, for example, to provide navigational instructions to a runner using the device. The directions for a running route can be down-loaded to the portable electronic processing device prior to a run and stored in memory 304. In addition to navigational instructions, attributes about the running route such as, for example, whether the route has sidewalks, is on a trail, is located within a safe neighborhood, et cetera, can also be down-loaded and viewed.” (emphasis added)).
All dependent claims are rejected by virtue of their dependencies on independent claims 2 and 22.
No prior art is currently provided for claims 2-9, 11-13, and 22-27.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-9, 11-13, 23, 25-27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites in part “data regarding the running route”. However, it is indefinite as to whether, and if so how, the “data regarding the running route” differs from the navigational data comprising directions for the running route and data regarding one or more attributes about the running route, and the Specification does not offer further guidance.
Claim 23 is rejected for similar reasoning.
Claims 3-9 and 11-13 are rejected by virtue of their dependencies on claim 2, and claims 25-27 are rejected by virtue of their dependencies on claim 23.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. 6,140,957 A – This reference teaches illuminating an arrow within a head mounted viewing device worn by a user to indicate the direction of travel.
U.S. Pub. 2009/0005961 A1 – This reference teaches that heads-up display-based systems usually display directional arrows to convey en-route guidance information to a user such as a driver.
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 ALYSSA N BRANDLEY whose telephone number is (571)272-4280. The examiner can normally be reached M-F: 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol, can be reached at (571)272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALYSSA N BRANDLEY/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715