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 .
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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chuang (U.S. Patent Number 8,784,115) in view of ESPOSITO et al. (U.S. Publication Number 2015/0182843).
Referring to claims 1, 6, 7, 8 & 10, Chuang discloses comprising at least one processor (controller), the at least one processor (18), at least one memory (24), at least one sensor (4), and a user interface (7) carrying out: a data acquiring means for process of acquiring state data which indicates a state regarding a workout done by a targeted person (Figs. 8 & 9), the state data including physical performance obtained from the at least one sensor (Figs. 3A & 3B); and a generating means for process of generating a workout schedule in accordance with the state indicated by the state data (column 31 line 42-column 32 line 12), the objective function being generated by inverse reinforcement learning with use of training data indicating workout schedules implemented by expert users in similar physical states to a physical state of the targeted user (column 31 line 42-column 32 line 12), and the workout schedule is output to the user interface in synchronization with an actual exercise of the targeted person (column 31 line 42-column 32 line 12). Chuang does not disclose and a generating means for process of generating a workout schedule in accordance with the state indicated by the state data, by performing an optimization calculation with use of an objective function that is a weighted combination of multiple evaluation perspectives including physical effect and music compatibility. However, ESPOSITO et al. teaches a generating means for process of generating a workout schedule in accordance with the state indicated by the state data, by performing an optimization calculation with use of an objective function that is a weighted combination of multiple evaluation perspectives including physical effect and music compatibility (paragraph 0049). It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a generating means for process of generating a workout schedule in accordance with the state indicated by the state data, by performing an optimization calculation with use of an objective function that is a weighted combination of multiple evaluation perspectives including physical effect and music compatibility, as disclosed by ESPOSITO et al., incorporated into Chuang in order to sync the scheduled workouts with the music compatible with the user’s workout.
Referring to claim 2, Chuang discloses wherein in the data acquiring process, the at least one processor is configured to acquire acquires a
constraint condition used in generating the workout schedule for the targeted person (Figs. 8 & 9), and in the generating process, the at least one processor is configured to generate generates the workout schedule that satisfies the constraint condition (column 16 lines 47-58, column 17 lines 46-65 & column 31 line 42-column 32 line 12).
Referring to claim 3, Chuang discloses wherein in the generating process, the at least one processor uses an objective function that is included in a plurality of objective functions prepared in advance each of which is the objective function and that is in accordance with the targeted person, to generate the workout schedule (column 16 lines 47-58, column 17 lines 46-65 & column 31 line 42-column 32 line 12).
Referring to claim 4, Chuang discloses wherein the training data contains information which indicates music to be played during a workout, and in the generating process, the at least one processor generates the workout schedule that contains music to be played during a workout (column 8 line 58-column 9 line 6).
Referring to claim 5, Chuang discloses the at least one processor further carries out a searching process of displaying a word or phrase which indicates a perspective regarding music and which is a search term for searching for music, the perspective being included in perspectives indicated in the objective function and used for evaluating a workout schedule (column 8 line 58-column 9 line 6).
Referring to claim 11, ESPOSITO et al. teaches wherein the user interface comprises a display of the workout schedule as selectable workouts, one or more recommended music play lists as selectable music playlists, and a search function configured to, based on the objective function, indicate a compatibility of at least one of the selectable workouts with at least one of the selectable music playlists (paragraph 0047).
Response to Arguments
Applicant’s arguments, see amended claims 1-8 & 10 and remarks, filed 8/29/2025, with respect to 35 USC 101 have been fully considered and are persuasive. The rejection of claims 1-8 & 10 have been withdrawn.
Applicant's arguments filed 8/29/2025 have been fully considered but they are not persuasive. The claims have been amended to include new prior art and the claims have been adjusted to reflect the amendments.
Conclusion
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.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715