DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
2. This office action is responsive to Application No. 18/760,367 filed on 07/01/2024.
3. Claims 1-20 are currently pending and has been examined.
Information Disclosure Statement
4. IDSs are considered.
Priority
This application makes reference to or appears to claim subject matter disclosed in Application No. 61/371,842, filed 08/09/2010. If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. If the application was filed before September 16, 2012, the specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76; if the application was filed on or after September 16, 2012, the specific reference must be included in an ADS in compliance with 37 CFR 1.76. For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.
If the instant application is a utility or plant application filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. If the application is a national stage application under 35 U.S.C. 371, the specific reference must be submitted during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application. See 37 CFR 1.78(a)(4) for benefit claims under 35 U.S.C. 119(e) and 37 CFR 1.78(d)(3) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c). This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c). A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)). The petition must be accompanied by (1) the reference required by 35 U.S.C. 120 or 119(e) and by 37 CFR 1.78 to the prior application (unless previously submitted), (2) the petition fee under 37 CFR 1.17(m), and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m) are not required. Applicant is still required to submit the reference in compliance with 37 CFR 1.78 by filing an ADS in compliance with 37 CFR 1.76 with the reference (or, if the application was filed before September 16, 2012, by filing either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76). See MPEP § 211.02.
Claim Objections
Claims 7 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 101
7. 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. The claims recite the limitations of: “receiving, by a first user, an input identifying one or more sources of communication data”.
The limitation of receiving, by a first user, an input identifying one or more sources of communication data, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claims preclude the step from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, claims 1-20 recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claims only recite one additional element – using a processor or computing device to transmit, to the one or more sources of communication data and based on one or more first physical gesture detected by one or more sensors, one or more metrics associated with athletic activity data collected during an athletic activity performed by the first user. The processor or computing device in both steps of transmitting and receiving recite at a high-level of generality (i.e., as a generic computer processing athletic activity) such that it amounts no more than mere instructions to apply the exception. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
In the instant case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using “ receiving, from one or more sources of communication data, communication data related to the athletic activity data and generated by one or more other users; and outputting, in response to determining that a user-configurable triggering event has occurred, the received communication data, and are determined to be well-understood, routine, conventional activity in the field. Thus, the additional element fails to ensure the claims as a whole amount to significantly more than the judicial exception itself. Accordingly, claims 1-20 are ineligible under 35 U.S.C 101.
8. Claim 1, and all dependent claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea.
For example, claim 1 recites " memory storing computer-readable instructions…". However, the Examiner interprets the limitation detailed above as software per se. The computer-readable instructions of claim 1 does not define any structural and functional interrelationships with a general purpose for permitting the claimed functions to be realized. In contrast, a statutory claim would define structural and functional interrelationships between data structures or functional parts and a computer which permit the data functions to be realized. Thus, claim 1 is rejected as being non-statutory as described above.
Applicant is advised to amend claim 1 follows: -- memory storing non-transitory computer- readable instructions…..
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-6 and 8-19 are rejected under 35 U.S.C. 102 (b) as being anticipated by Werner (US PG PUB 2010/0088023).
As per claims 1, 3, and 6, Werner discloses an apparatus comprising: a processor (see., paragraph 0121); memory storing computer readable instructions that, when executed by the processor, cause the apparatus to (see., paragraph 0058); receive, by a first user, an input identifying one or more sources of communication data (see., paragraphs 0129, 0201, 0139, after the route traversed by the athlete is determined, the route be displayed superimposed on the relevant map area. In various embodiments, the route may be displayed on the map on the portable fitness monitoring device 12 carried by the athlete 14 and/or the route may be displayed on the map on a remote computer 14. The identity of the remote user may be apparent based on an image or picture of the remote user, a textual display of the remote user’s name, an audio announcement of the remote user’s name, or other suitable indicators, the communication data see., paragraphs 0059 and 0121); transmit, to the one or more sources of communication data and based on one or more first physical gesture detected by one or more sensors, one or more metrics associated with athletic activity data collected during an athletic activity performed by the first user (see., paragraph 0059, portable fitness monitoring device 2 may include one or more manually manipulable input buttons 80 that permit athlete 14 to start and stop recording of GPS data, annotate a route while athlete 14 is traversing the route, and/or to enter desired settings of portable fitness monitoring device 12); and receive, from one or more sources of communication data, communication data related to the athletic activity data and generated by one or more other users (see., paragraphs 0059 and 0121).
As per claim 2, Werner discloses the claimed limitations as stated in claim 1 above, wherein after determining that a user configurable triggering event that triggers output the received communication data has occurred, output the received communication data (see., paragraphs 0059-0129).
As per claim 4, Werner discloses the claimed limitations as stated in claim 1 above, wherein generate, based on one or more second physical gestures detected by one of the one or more sensors, an acknowledgement message responsive to the received communication data and viewable by the one or more other users (see., paragraphs 0107, 0126-0129).
As per claim 5, Werner discloses the claimed limitations as stated in claim 1 above, wherein the received communication data includes at least one of text, audio, an image, or a video (see., paragraphs 0059, 0121, and 0136, the motivational content may be textual content and/or multimedia content such as audio content, video content or image- based content).
As per claim 8, Werner discloses the claimed limitations as stated in claims 1 and 4 above, wherein determine, based on the detected one or more second physical gesture, a format of the acknowledgement message, and wherein the format of the acknowledgement message comprises at least one of text, audio, an image, or a video (see., paragraphs 0059, 0121, and 0136, the motivational content may be textual content and/or multimedia content such as audio content, video content or image- based content, and the acknowledgement message see., paragraphs 0107, 0126-0129).
As per claim 9, Werner discloses the claimed limitations as stated in claims 1 and 4 above, wherein the one or more first physical gestures comprise at least one of: an arm wave or a wrist rotation (see., paragraph 0136).
As per claims 10 and 12-16, Werner discloses a method comprising: receive, by a first user, an input identifying one or more sources of communication data (see., paragraphs 0129, 0201, 0139, after the route traversed by the athlete is determined, the route be displayed superimposed on the relevant map area. In various embodiments, the route may be displayed on the map on the portable fitness monitoring device 12 carried by the athlete 14 and/or the route may be displayed on the map on a remote computer 14. The identity of the remote user may be apparent based on an image or picture of the remote user, a textual display of the remote user’s name, an audio announcement of the remote user’s name, or other suitable indicators, the communication data see., paragraphs 0059 and 0121); transmit, to the one or more sources of communication data and based on one or more first physical gesture detected by one or more sensors, one or more metrics associated with athletic activity data collected during an athletic activity performed by the first user (see., paragraph 0059, portable fitness monitoring device 2 may include one or more manually manipulable input buttons 80 that permit athlete 14 to start and stop recording of GPS data, annotate a route while athlete 14 is traversing the route, and/or to enter desired settings of portable fitness monitoring device 12); and receive, from one or more sources of communication data, communication data related to the athletic activity data and generated by one or more other users (see., paragraphs 0059 and 0121).
As per claim 11, Werner discloses the claimed limitations as stated in claim 1 above, wherein determining that a user configurable triggering event has occurred; and outputting, in response to determining that the user-configurable triggering event has occurred, the received communication data (see., paragraphs 0059-0129).
As per claims 17-19, Werner discloses a method comprising: transmit, by a first computing device, to the one or more sources of communication data and based on one or more first physical gesture detected by one or more sensors, one or more metrics associated with athletic activity data collected during an athletic activity performed by the first user (see., paragraph 0059, portable fitness monitoring device 2 may include one or more manually manipulable input buttons 80 that permit athlete 14 to start and stop recording of GPS data, annotate a route while athlete 14 is traversing the route, and/or to enter desired settings of portable fitness monitoring device 12); and receive, from one or more sources of communication data, communication data related to the athletic activity data and generated by one or more other users; outputting, in response to determining that a user-configurable triggering event has occurred, the received communication data (see., paragraphs 0059 and 0121).
Conclusion
12. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PIERRE E ELISCA whose telephone number is (571) 272-6706. The Examiner can normally be reached on Monday -Thursday; 6:30AM- 5:30PM. Hoteler.
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, Hu Kang can be reached on 571 270 1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PIERRE E ELISCA/Primary Examiner, Art Unit 3715