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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in the instant Application on 8/27/2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/27/2024 and 9/23/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-11, and 13-21 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2022/0032125 (Aulet et al., hereinafter “Aulet”).
Regarding claim 1, Aulet discloses an apparatus (fitness system 102 - abstract, FIG. 1) comprising:
at least one processor (para 0026); and
at least one memory storing a computer program code (para 0026) configured to cause the at least one processor to perform operations comprising:
acquiring training data that represents power output of a plurality of athletic performances of a user (fitness equipment usage data 126,132 is generated by exercise equipment 124,130 and sent to fitness calibration subsystem 112 - paras 0025-0026; the fitness equipment usage data 126,132 may include power output - para 0025), the training data comprising first training data representing power output of a first athletic performance of a first duration and second training data representing power output of a second athletic performance of a second duration different from the first duration and wherein the training data represents maximum power output of the user in the respective athletic performances (FIG. 2 illustrates an example power output curve 200 of a user. Graph 200 represents the maximum average power the athlete could exert over a fixed period of time - para 0030; the x-axis represents the time in seconds and different points along the x-axis can represent different durations with a corresponding power output at the specific durations - para 0030);
fitting the training data into a decaying performance power curve 200 representing power output as a function of duration of continuous athletic performance (para 0030, FIG. 2);
determining, on the basis of the fitting, a set of training power output zones that conform to the performance power curve by decaying as a function of the duration (fitness zones components 106 can generate and provide fitness zones as shown in FIGS. 3-5 - para 0029; four zones are exemplified based on user’s performance capabilities- paras 0040-0044; the power curve is based on a function that includes a coefficient representing the decay of continuous power application over time - para 0033);
generating a training plan for a physical exercise on the basis of the set of training power output zones (fitness profile generator 114 may generate a fitness profile for the user. In some cases, the fitness profile may include a power output function or curve, such as power curve 200. In some cases, the fitness profile generator 114 may also generate a map of different intensity zones for physical output for a given user, based on data obtained from exercise equipment 124 - para 0026; the calibrator 116 may similarly obtain performance data from exercise equipment 124,130 and use that information to adapt one or more fitness plans or sessions to better calibrate and personalize the workout to an individual user’s performance and adaptations. In some cases, the output of the calibrator 116 may be used to modify one or more fitness workout plans - para 0027); and
causing a user interface 104 to output the training plan to the user (the fitness system 102 may also provide one or more user interfaces 104, which may include a fitness zones component 106, a fitness calibration component 108, and a race component 110. Example representations of fitness zones, such as may be generated and provided by the fitness zones component 106, are illustrated in FIGS. 3-5 - para 0029).
Regarding claim 3, Aulet teaches the apparatus of claim 1, and further discloses wherein the maximum power output is defined in terms of a record average power output the user has performed (maximum average power - para 0030).
Regarding claim 4, Aulet teaches the apparatus of claim 1, and further discloses wherein the apparatus is configured to perform operations comprising: acquiring new training data after performing the fitting (as can be performed by the fitness calibration subsystem 112 and calibrator 116 - paras 0026-0027); detecting, from the new training data that the user's maximum power output has increased since performing the fitting (paras 0026-0027); and performing said fitting again by using the new training data and determining a new set of training power output zones on the basis of a new performance power curve resulting from the newly performed fitting (paras 0026-0027); and generating a new training plan for a new physical exercise on the basis of the new set of training power output zones and causing the user interface to output the new training plan (FIG. 9 illustrates an example user interface 900 that represents a recalibration of a user’s fitness profile in terms of their performance compared to their expected performance. In some cases, recalibration of a user or athlete’s fitness profile may take the form of determining changes to their respective power output function - para 0063).
Regarding claim 5, Aulet teaches the apparatus of claim 1, and further discloses wherein the training data comprises measurement data of at least the first athletic performance stored in the at least one memory (para 0026), and wherein the at least one processor is configured to compute a power output of the first athletic performance on the basis of the measurement data (para 0026).
Regarding claim 6, Aulet teaches the apparatus of claim 5, and further discloses wherein the at least one processor is configured to acquire the training data by performing operations comprising: identifying a continuous time interval of the first athletic performance that is associated with a power output greater than an inclusion threshold (a performance in the range of the two middle zones, i.e., race and steady zones, can be interpreted as the inclusion threshold and a performance in the sprint zone can be associated with a power output greater than the inclusion threshold - para 0040); and selecting the power output and the duration of the continuous time interval for the fitting (intervals may be selected through each workout, where the same intervals may be selected for each workout to then provide an accurate comparison of performance across a number of similar workouts. In yet some cases, the intervals with the highest intensity of a given workout may be compared. In yet some examples, different observations and conclusions may be derived from examining intervals that are different between different workouts, such as , for example, to determine or differentiate sprint fitness versus endurance fitness - para 0069) and exclude a power output of at least one other time interval of the first athletic performance from the fitting (operation 1016 may include separating out individual time intervals of a given workout, or groups of time intervals in a workout - para 0070).
Regarding claim 7, Aulet teaches the apparatus of claim 1, and further discloses wherein the at least one processor is configured to perform operations comprising: obtaining an input parameter representing duration of the physical exercise and a training target for the physical exercise (paras 0047-0048); selecting, on the basis of the training intensity target, a training power output zone from the set of training power output zones (paras 0047-0048); determining a power output target for the physical exercise on the basis of the input parameter and the selected training zone (paras 0047-0048); and causing the user interface to output the power output target (paras 0047-0048).
Regarding claim 8, Aulet teaches the apparatus of claim 7, and further discloses wherein the power output target comprises a heart rate target and/or a speed target (speed may be used to define or represent different intensity zones - para 0048).
Regarding claim 9, Aulet teaches the apparatus of claim 7, and further discloses wherein the training target describes a training effect on the user sought from the physical exercise, wherein selectable training targets include at least 'recovery' and 'maximum performance’ (intensity zones can include a sprint zone which can be interpreted as a maximum performance target and steady or paddle zones which can each be interpreted as a recovery target - paras 0040-0044).
Regarding claim 10, Aulet teaches the apparatus of claim 7, and further discloses wherein the input parameter is a target duration or a target distance of the physical exercise (paras 0048 and 0081).
Regarding claim 11, Aulet discloses a computer-implemented method comprising:
acquiring training data that represents power output of a plurality of athletic performances of a user (fitness equipment usage data 126,132 is generated by exercise equipment 124,130 and sent to fitness calibration subsystem 112 - paras 0025-0026; the fitness equipment usage data 126,132 may include power output - para 0025), the training data comprising first training data representing power output of a first athletic performance of a first duration and second training data representing power output of a second athletic performance of a second duration different from the first duration and wherein the training data represents maximum power output of the user in the respective athletic performances (FIG. 2 illustrates an example power output curve 200 of a user. Graph 200 represents the maximum average power the athlete could exert over a fixed period of time - para 0030; the x-axis represents the time in seconds and different points along the x-axis can represent different durations with a corresponding power output at the specific durations - para 0030);
fitting the training data into a decaying performance power curve 200 representing power output as a function of duration of continuous athletic performance (para 0030, FIG. 2);
determining, on the basis of the fitting, a set of training power output zones that conform to the performance power curve by decaying as a function of the duration (fitness zones components 106 can generate and provide fitness zones as shown in FIGS. 3-5 - para 0029; four zones are exemplified based on user’s performance capabilities- paras 0040-0044; the power curve is based on a function that includes a coefficient representing the decay of continuous power application over time - para 0033);
generating a training plan for a physical exercise on the basis of the set of training power output zones (fitness profile generator 114 may generate a fitness profile for the user. In some cases, the fitness profile may include a power output function or curve, such as power curve 200. In some cases, the fitness profile generator 114 may also generate a map of different intensity zones for physical output for a given user, based on data obtained from exercise equipment 124 - para 0026; the calibrator 116 may similarly obtain performance data from exercise equipment 124,130 and use that information to adapt one or more fitness plans or sessions to better calibrate and personalize the workout to an individual user’s performance and adaptations. In some cases, the output of the calibrator 116 may be used to modify one or more fitness workout plans - para 0027); and
causing a user interface 104 to output the training plan to the user (the fitness system 102 may also provide one or more user interfaces 104, which may include a fitness zones component 106, a fitness calibration component 108, and a race component 110. Example representations of fitness zones, such as may be generated and provided by the fitness zones component 106, are illustrated in FIGS. 3-5 - para 0029).
Regarding claim 13, Aulet teaches the method of claim 11, and further discloses wherein the maximum power output is defined in terms of a record average power output the user has performed (maximum average power - para 0030).
Regarding claim 14, Aulet teaches the method of claim 11, and further discloses acquiring new training data after performing the fitting (as can be performed by the fitness calibration subsystem 112 and calibrator 116 - paras 0026-0027); detecting, from the new training data that the user's maximum power output has increased since performing the fitting (paras 0026-0027); and performing said fitting again by using the new training data and determining a new set of training power output zones on the basis of a new performance power curve resulting from the newly performed fitting (paras 0026-0027); and generating a new training plan for a new physical exercise on the basis of the new set of training power output zones and causing the user interface to output the new training plan (FIG. 9 illustrates an example user interface 900 that represents a recalibration of a user’s fitness profile in terms of their performance compared to their expected performance. In some cases, recalibration of a user or athlete’s fitness profile may take the form of determining changes to their respective power output function - para 0063).
Regarding claim 15, Aulet teaches the method of claim 11, and further discloses wherein the training data comprises measurement data of at least the first athletic performance stored in the at least one memory (para 0026), and wherein the at least one processor is configured to compute a power output of the first athletic performance on the basis of the measurement data (para 0026).
Regarding claim 16, Aulet teaches the method of claim 15, and further discloses wherein the training data is acquired by performing operations comprising: identifying a continuous time interval of the first athletic performance that is associated with a power output greater than an inclusion threshold (a performance in the range of the two middle zones, i.e., race and steady zones, can be interpreted as the inclusion threshold and a performance in the sprint zone can be associated with a power output greater than the inclusion threshold - para 0040); and selecting the power output and the duration of the continuous time interval for the fitting (intervals may be selected through each workout, where the same intervals may be selected for each workout to then provide an accurate comparison of performance across a number of similar workouts. In yet some cases, the intervals with the highest intensity of a given workout may be compared. In yet some examples, different observations and conclusions may be derived from examining intervals that are different between different workouts, such as , for example, to determine or differentiate sprint fitness versus endurance fitness - para 0069) and exclude a power output of at least one other time interval of the first athletic performance from the fitting (operation 1016 may include separating out individual time intervals of a given workout, or groups of time intervals in a workout - para 0070).
Regarding claim 17, Aulet teaches the method of claim 11, and further discloses obtaining an input parameter representing duration of the physical exercise and a training target for the physical exercise (paras 0047-0048); selecting, on the basis of the training intensity target, a training power output zone from the set of training power output zones (paras 0047-0048); determining a power output target for the physical exercise on the basis of the input parameter and the selected training zone (paras 0047-0048); and causing the user interface to output the power output target (paras 0047-0048).
Regarding claim 18, Aulet teaches the method of claim 17, and further discloses wherein the power output target comprises a heart rate target and/or a speed target (speed may be used to define or represent different intensity zones - para 0048).
Regarding claim 19, Aulet teaches the method of claim 17, and further discloses wherein the training target describes a training effect on the user sought from the physical exercise, wherein selectable training targets include at least 'recovery' and 'maximum performance’ (intensity zones can include a sprint zone which can be interpreted as a maximum performance target and steady or paddle zones which can each be interpreted as a recovery target - paras 0040-0044).
Regarding claim 20, Aulet teaches the method of claim 17, and further discloses wherein the input parameter is a target duration or a target distance of the physical exercise (paras 0048 and 0081).
Regarding claim 21, Aulet discloses a computer program product embodied on a non-transitory medium readable by a computer and comprising program instructions which, when executed by the computer, cause the computer to carry out a computer process comprising:
acquiring training data that represents power output of a plurality of athletic performances of a user (fitness equipment usage data 126,132 is generated by exercise equipment 124,130 and sent to fitness calibration subsystem 112 - paras 0025-0026; the fitness equipment usage data 126,132 may include power output - para 0025), the training data comprising first training data representing power output of a first athletic performance of a first duration and second training data representing power output of a second athletic performance of a second duration different from the first duration and wherein the training data represents maximum power output of the user in the respective athletic performances (FIG. 2 illustrates an example power output curve 200 of a user. Graph 200 represents the maximum average power the athlete could exert over a fixed period of time - para 0030; the x-axis represents the time in seconds and different points along the x-axis can represent different durations with a corresponding power output at the specific durations - para 0030);
fitting the training data into a decaying performance power curve 200 representing power output as a function of duration of continuous athletic performance (para 0030, FIG. 2);
determining, on the basis of the fitting, a set of training power output zones that conform to the performance power curve by decaying as a function of the duration (fitness zones components 106 can generate and provide fitness zones as shown in FIGS. 3-5 - para 0029; four zones are exemplified based on user’s performance capabilities- paras 0040-0044; the power curve is based on a function that includes a coefficient representing the decay of continuous power application over time - para 0033);
generating a training plan for a physical exercise on the basis of the set of training power output zones (fitness profile generator 114 may generate a fitness profile for the user. In some cases, the fitness profile may include a power output function or curve, such as power curve 200. In some cases, the fitness profile generator 114 may also generate a map of different intensity zones for physical output for a given user, based on data obtained from exercise equipment 124 - para 0026; the calibrator 116 may similarly obtain performance data from exercise equipment 124,130 and use that information to adapt one or more fitness plans or sessions to better calibrate and personalize the workout to an individual user’s performance and adaptations. In some cases, the output of the calibrator 116 may be used to modify one or more fitness workout plans - para 0027); and
causing a user interface 104 to output the training plan to the user (the fitness system 102 may also provide one or more user interfaces 104, which may include a fitness zones component 106, a fitness calibration component 108, and a race component 110. Example representations of fitness zones, such as may be generated and provided by the fitness zones component 106, are illustrated in FIGS. 3-5 - para 0029).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA S LEE whose telephone number is (571)270-1661. The examiner can normally be reached Monday-Friday 11am-7pm Eastern.
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, LoAn Jimenez can be reached at 571-272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Joshua Lee/Primary Examiner, Art Unit 3784
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