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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the ‘the first connect sensor” “the display is on another mobile device” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 9 is objected to because of the following informalities: in the recited it is unclear as to “performing the fitness activity while creating the user-defined fitness parameter” who is performing this function is it the user? Is it the device and if so how is this function performing the alleged task. Appropriate correction is required.
Claims 11 & 19 are objected to because of the following informalities: in the recited “the graphical user interface is at least 1% of the total screen size of the display” A change in ornamental design having no mechanical function is an aesthetic design consideration within the skill of the art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947). Also a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-20 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.
With regards to claims 1-20, it is not understood as to what is being referred to as:
Selecting with the mobile device, is this a function of the allege fitness parameter or is this a function such as turning on the device or opening an app?
The first, second, third identifiers, is this a function of an app, program or some sort of reading, output or instructions?
First input displayed, is this derive for user inputting or by some component that is attached or connected to said device.
Second input displayed, is this derive for user inputting or by some component that is attached or connected to said device.
First physical parameter, is this some other component that is capable of reading, sensing, detecting instruction or providing limits and or restriction to function.
First mathematical operator, is this an algorithm or a calculation program and how is this performed.
The first connected sensor, is this a part of an existing device such as a cell phone, laptop, tablet etc that is a mobile device with this limitation already employed.
The user customized relationship, how is this “relationship” defined?
Storing the numerical data, how is numerical data being stored and identified?
Processing, how does the mobile device perform this intended use?
a fourth identifier representative of a third input displayed on the graphical user interface
a fifth identifier representative of a second mathematical operator displayed on the graphical user interface
As the above limitations are not defined as to how these functions are applied and function as their intended use. With regards to above limitations, the DETAILED DESCRIPTION also fails to disclose and suggest as to what these are and how are they to be implemented as the DETAILED DESCRIPTION merely recites the claimed language and thus renders the claims as indefinite. Where there is reason to believe that a functional limitation asserted to be critical to establishing novelty in the claimed subject matter may, in fact, be an inherent characteristic of the prior art, Applicant may be required to prove that the subject matter shown in the prior art does not possess the characteristic relied upon. In re Spada, 911 F.2d 705, 15 USPQ2d 1655 (Fed. Cir. 1990); In re King, 801 F.2d 1324, 1327, 231 USPQ 136, 138 (Fed. Cir. 1986); In re Hallman, 655 F.2d 212, 215, 210 USPQ 609, 611 (CCPA 1981); In re Fitzgerald, 619 F.2d 67, 70, 205 USPQ 594, 596-97 (CCPA 1980); In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433-34 (CCPA 1977); In re Ludtke, 441 F.2d 660, 664, 169 USPQ 563, 566 (CCPA 1971); In re Swinehart, 439 F.2d 210, 213, 169 USPQ 226, 229 (CCPA 1971).
With regards to claim 2, it is not understood as to what is being referred to as: “the first mathematical operator includes an arithmetic operator, trigonometric operator, statistical operator, calculus operator, and/or smoothing operator” are these some of codes, programs, apps that are employed into the device? The DETAILED DESCRIPTION also fails to disclose and suggest as to what these are and how are they to be implemented as the DETAILED DESCRIPTION merely recites the claimed language and thus renders the claims as indefinite.
With regards to claim 3, it is not understood as to what is being referred to as: “a unique identifier and sharing the user-defined fitness parameter.” Is this some sort of password passcode and how is this sharing performed? The DETAILED DESCRIPTION also fails to disclose and suggest as to what these are and how are they to be implemented as the DETAILED DESCRIPTION merely recites the claimed language and thus renders the claims as indefinite.
With regards to claim 7, it is not understood as to what is being referred to as: “whereby arranging is performing by selecting.” The DETAILED DESCRIPTION also fails to disclose and suggest as to what these are and how are they to be implemented as the DETAILED DESCRIPTION merely recites the claimed language and thus renders the claims as indefinite.
With regards to claim 9, it is not understood as to what is being referred to as: “performing the fitness activity while creating the user-defined….” The DETAILED DESCRIPTION also fails to disclose and suggest as to what these are and how are they to be implemented as the DETAILED DESCRIPTION merely recites the claimed language and thus renders the claims as indefinite.
With regards to claim 10, it is not understood as to what is being referred to as: “configured to be automatically accepted by a single touch on the display”. The DETAILED DESCRIPTION fails to disclose and suggest as to how this is to be implemented as the DETAILED DESCRIPTION merely recites the claimed language and thus renders the claims as indefinite.
With regards to claim 15, it is not understood as to what is being referred to as: “the second identifier is a previously created user-defined fitness parameter”. The DETAILED DESCRIPTION fails to disclose and suggest as to how this limitation is to be implemented as the DETAILED DESCRIPTION merely recites the claimed language and thus renders the claims as indefinite.
With regards to claim 18, it is not understood as to what is being referred to as: “configured to be automatically accepted by a single touch on the display”. The DETAILED DESCRIPTION fails to disclose and suggest as to how this is to be implemented as the DETAILED DESCRIPTION merely recites the claimed language and thus renders the claims as indefinite.
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 (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 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.
Claim(s) 1-7, 10, 12-15, 17, 18, & 20 is/are rejected under 35 U.S.C. 102(a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over as best understood by Rauhala et al. [PG. Pub. No.: US 2016/0151674 A1].
With regards to claims 1, 12, & 20 Rauhala discloses a method of generating a real-time (coaching platform can provide instructions that dynamically vary based on one or more circumstances or conditions, ¶0022) custom fitness parameter (fitness level, recovery level, heart rate, pace, calories burned, overall performance, location, body temperature, environmental temperature, humidity, time of day, distance, time in the workout, and the like, ¶0022) with a mobile device (mobile device smart phones, ¶0022) having a graphical user interface (GUI, Figs. 1 & 3) and the fitness parameter being associated with a fitness activity (¶0022), the method comprising: creating a user-defined fitness parameter (contextual attributes can characterize the user both before and during a workout and/or an environment surrounding a user at least while performing a workout, ¶0022) comprising: selecting, with the mobile device, a first identifier representative of a first input displayed on the graphical user interface (a cathode ray tube (CRT) or a liquid crystal display (LCD) monitor for displaying information to the user and a keyboard and a pointing device, such as for example a mouse or a trackball, by which the user may provide input to the computer, ¶0120), the first input based at least in part on a first connected sensor (sensory feedback, such as for example visual feedback, auditory feedback, or tactile feedback, and input from the user may be received in any form, ¶0120); acquiring (computer programs, which can also be referred to as programs, software, software applications, applications, components, or code, include machine instructions for a programmable processor, and can be implemented in a high-level procedural language, an object-oriented programming language, a functional programming language, a logical programming language, and/or in assembly/machine language. As used herein, the term “machine-readable medium” (sometimes referred to as a computer program product) refers to physically embodied apparatus and/or device, such as for example magnetic discs, optical disks, memory, and Programmable Logic Devices (PLDs), used to provide machine instructions and/or data to a programmable data processor, ¶0119-0120), with the mobile device, numerical data from the first connected sensor representative of a first physical parameter (contextual attributes can be detected by one or more sensors (e.g., cadence sensors, physiological sensors, speedometers, etc.) and mobile devices, such as smart phones, that are coupled to or can characterize the user and/or the local environment, ¶0022-¶0023); selecting, with the mobile device, a second identifier representative of a second input displayed on the graphical user interface (GUI), the second input based on a user inputted constant, a predefined constant, and/or a second variable (¶0029-0030); selecting, with the mobile device, a third identifier representative of a first mathematical operator displayed on the graphical user interface to operate on the numerical data and the first input (virtual coach can calculate a workout score based on how the user is able to follow and achieve workout goals (i.e., target intensities of a workout) defined by the workout definition, ¶0036); and processing, with the mobile device, the first input and the second input using the first mathematical operator (calculations of current training load, 0030) to create the user-defined fitness parameter (¶0036); and displaying, with a display (display device , ¶0035 & ¶0120), the user-defined fitness parameter (data processor, ¶0005-0007); wherein selecting the first identifier, second identifier, and third identifier is performed while acquiring and storing the numerical data (¶0005 & ¶0031); wherein the fitness activity is bicycling and the mobile device is detachably mounted to handlebars of a bicycle while performing the bicycling (while not explicitly stating a “bicycle” Rauhala clearly discloses the user can perform the required custom fitness program to enable the user's fitness level, recovery level, heart rate, pace, calories burned, overall performance, location, body temperature, environmental temperature, humidity, time of day, distance, time in the workout, and the like. These contextual attributes can be detected by one or more sensors (e.g., cadence sensors, physiological sensors, speedometers, etc.) and mobile devices, such as smart phones remotely which can be attachable /detachable, that are coupled to or can characterize the user and/or the local environment and thus are not limited thereby being obvious, ¶0022); wherein another identifier representing the user customized relationship is not previously shown on the graphical user interface prior to creating the user defined fitness parameter (¶0115-0117); wherein selecting the first identifier, second identifier, and third identifier are large enough to be tapped with a finger and configured to be automatically accepted by a single touch on the display (touch screen, ¶0118 & ¶0120); and wherein selecting the first identifier, selecting the second identifier, selecting the third identifier, and acquiring and storing the numerical data, are performed in any sequence (additionally store such machine instructions in a transient manner, such as for example as would a processor cache or other random access memory associated with one or more physical processor cores, ¶0119-0120).
With regards to claim 2, Rauhala discloses wherein the first mathematical operator includes an arithmetic operator, trigonometric operator, statistical operator, calculus operator, and/or smoothing operator (¶0047).
With regards to claim 3, Rauhala discloses further comprising saving the user-defined fitness parameter with a unique identifier and sharing the user-defined fitness parameter onto another mobile device (parameters, ¶0006, ¶0017, ¶0036).
With regards to claim 4, Rauhala discloses wherein the display is on another mobile device (¶0120).
With regards to claim 5, Rauhala discloses wherein another identifier representing the user customized relationship is not previously stored on the device prior to creating the user defined fitness parameter (¶0041).
With regards to claim 6, Rauhala discloses wherein creating a user-defined fitness parameter further comprises arranging, with the mobile device, at least the first identifier, the second identifier, and the third identifier to form a user customized relationship therebetween (workout score, or routine score, can be based on one or more of a variety parameters associated with either the workout or the user, such as contextual attributes. For example, the parameters can include duration, intensity, distance, calories, etc, ¶0036).
With regards to claim 7, Rauhala discloses whereby arranging is performed by selecting the first identifier, the second identifier, and the third identifier in any user-defined sequence, (CAT of the coaching platform can define a routine or workout definition. The routine definition can include segments, with each segment including at least one of a segment parameter, a segment goal and a segment prompt library for assisting a user with performing a routine. The at least one segment parameter can include at least one of a duration, a distance, and an intensity defining a routine. The segment goal can include a measurement determining whether the user is successfully performing the routine, and the measurement can include one or more of a heart rate, a pace and an intensity associated with the routine, Fig. 5, ¶0117).
With regards to claim 10, Rauhala discloses selecting any of the first identifier, second identifier, and third identifier is configured to be automatically accepted by a single touch on the display (¶0118).
With regards to claim 13, Rauhala discloses wherein the fitness activity is one of bicycling, running, hiking, climbing, skiing, weightlifting, and rowing (while not explicitly stating a “bicycle” Rauhala clearly discloses the user can perform the required custom fitness program to enable the user's fitness level and an exercise workout, recovery level, heart rate, pace, calories burned, overall performance, location, body temperature, environmental temperature, humidity, time of day, distance, time in the workout, and the like. These contextual attributes can be detected by one or more sensors (e.g., cadence sensors, physiological sensors, speedometers, etc.) and mobile devices, such as smart phones remotely which can be attachable /detachable, that are coupled to or can characterize the user and/or the local environment and thus are not limited thereby being obvious, workouts, ¶0022 & ¶0053).
With regards to claim 14, Rauhala discloses wherein the fitness activity is bicycling and the mobile device is mounted to handlebars of a bicycle while performing the bicycling (¶0019-0020).
With regards to claim 15, Rauhala discloses wherein the second identifier is a previously created user-defined fitness parameter (user’s workout history, ¶0027).
With regards to claim 17, Rauhala discloses another identifier representing the user customized relationship is not previously shown on the graphical user interface prior to creating the user defined fitness parameter (¶0041).
With regards to claim 18, Rauhala discloses wherein selecting either the first identifier or the second identifier is configured to be automatically accepted by a single touch on the display (¶0118).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS C GRAY whose telephone number is (571)270-3348. The examiner can normally be reached Monday-Friday 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at 571-272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANCIS C GRAY/Primary Examiner, Art Unit 2852
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