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 § 101
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 judicial exception(s) without significantly more.
[STEP 1] The claim recites at least one step or structure. Thus, the claim is to a process or product, which is one of the statutory categories of invention (Step 1: YES).
[STEP2A PRONG I] The claim(s) 1, 11 and 18 recite(s):
A system comprising:
a memory device storing instructions; and
a processing device communicatively coupled to the memory device, wherein the
processing device executes the instructions to:
generate, by an artificial intelligence engine, a machine learning model trained to receive the one or more measurements as input;
output, based on the one or more measurements, a control instruction that causes the control action to be performed;
receive the one or more measurements from a wearable device being wornby a user;
determine whether the one or more measurements indicate, during an interval
training session, that one or more characteristics of the user are within a desired target zone; and
responsive to determining that the one or more measurements indicate the one or
more characteristics of the user are not within the desired target zone during the interval training session, performing the control action.
The non-highlighted aforementioned limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation between people but for the recitation of generic computer components. That is, other than reciting “a memory device”, “a processing device”, “an artificial intelligence”, “wearable device”, “machine learning model“ nothing in the claim element precludes the step from practically being performed between people. For example, but for the recited language, the step in the context of this claim encompasses a coach observing students’ training data and adjusting the user’s training load accordingly.
If a claim limitation, under its broadest reasonable interpretation, covers managing interactions between people, then it falls within the “Organization of Human Activity” grouping of abstract ideas.
Accordingly, the claim recites a judicial exception, and the analysis must therefore proceed to Step 2A Prong Two.
[STEP2A PRONG II] This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – “a memory device”, “a processing device”, “an artificial intelligence”, “wearable device”, “machine learning model“.
The “a memory device”, “a processing device”, “an artificial intelligence”, “wearable device”, “machine learning model“ in the aforementioned steps are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component.
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea and the claim is therefore directed to the judicial exception. (Step 2A: YES).
[STEP2B] The claim does 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 a processor to perform the aforementioned steps amounts to no more than mere instructions to apply the exception using a generic computer component, which cannot provide an inventive concept (for example, see paragraph 79, 124 and 126).
As noted previously, the claim as a whole merely describes how to generally “apply” the aforementioned concept in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea.
The claim is not patent eligible. (Step 2B: NO).
Claim is/are dependent on supra claim(s) and includes all the limitations of the claim(s). Therefore, the dependent claim(s) recite(s) the same abstract idea. The claim recites no additional limitations. Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea and the claim is therefore directed to the judicial exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,102,878
Claim 1: Claim 1 of the ‘878 patent provides a teaching of a computer-implemented method for using an artificial intelligence engine to perform a control action, wherein the control action is based on one or more measurements from a wearable device, and wherein the computer-implemented methodcomprises: (col. 88:60-64)
generating, by the artificial intelligence engine, a machine learning model trained to receive the one or more measurements as input (see col. 88:65-67);
outputting, based on the one or more measurements, a control instruction that causes the control action to be performed; (see col. 89:1-4)
receiving the one or more measurements from the wearable device being worn bya user; (see col. 89:4-5);
determining whether the one or more measurements indicate, during an interval training session, that one or more characteristics of the user are within a desired target zone; (see col. 89:13-16) and
responsive to determining that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action (see col. 89:17-22).
The difference between claim 1 of the application and claim 1 of the ‘878 patent lies in the fact that the patent claim includes many more elements and is thus much more specific. For example, the ‘878 patent provides a teaching of “the control action comprises a resistance force of a cycling machine” or “diagnosing a medical condition of the user”. Thus, the invention of claim 1 of the patent is in effect a “species” of the “generic” invention of claim 1. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 1 is anticipated by claim 1 of the patent, it is not patentably distinct from claim 1.
Claim 2: Claim 2 of the ‘878 patent provides a teaching of wherein the one or more measurements
comprise a heartrate, a blood pressure, a blood oxygen level, a blood glucose level, a temperature, a perspiration rate, a revolutions per minute, a number of steps, a speed, an amount of force, or some combination thereof.
Claim 3: Claim 3 of the ‘878 patent provide a teaching of wherein the control action comprises
transmitting a notification for presentation on a user interface of a computing device associated with the exercise device, wherein the notification comprises feedback to encourage the user to perform, during the interval training session, an exercise withinthe target training zone.
Claim 4: Claim 4 of the ‘878 patent provide a teaching of further comprising:
determining that the one or more measurements indicate the one or more characteristics of the user are within an undesired target zone; and (see col. 89:49-51)
performing the control action, wherein the control action comprises transmitting thecontrol instruction to cause the exercise device to stop operating, to slow down, to generate a warning, or some combination thereof. (see col. 89:51-55).
Claim 5: Claim 1 of the ‘878 patent provides a teaching of receiving data associated with the user; (see col 89:23)
and based on the data and the one or more measurements, predicting, via the machinelearning model, a medical condition associated with the user (see col. 89:30-32)
Claim 6: Claim 5 of the ‘878 patent provides a teaching of wherein the wearable device comprises a
watch, a necklace, an anklet, a bracelet, a belt, a ring, a hat, a shoe, a piece of clothing, or some combination thereof.
Claim 7: Claim 1 of the 878 patent provides a teaching of wherein the control action comprises
controlling an operating parameter of an exercise device (see col. 1:89:20-23).
Claim 8: Claim 6 of the ‘878 patent provides a teaching of responsive to determining that the one or more measurements indicate, during the interval training session, that the one or more characteristics of the user are within the desired target zone, performing the control action comprising transmitting a notification to a computing device associated with an exercise device, wherein the notification provides a motivational message to the user.
Claim 9: Claim 7 of the ‘878 patent provides a teaching of wherein the interval training session is
included in an exercise plan associated with a rehabilitation program which theuser is performing.
Claim 10: Claim 8 of the ‘878 patent provide a teaching of receiving second input from the user, wherein the second input comprises an instruction to modify an operating parameter of an exercise device, and the second inputis received via a microphone, a touchscreen, a keyboard, a mouse, a proprioceptive sensor, or some combination thereof.
Claim 11: Claim 9 of the ‘878 patent provides a teaching of a tangible, non-transitory computer-readable medium storing instructions that, when executed, cause a processing device to:
generate, by an artificial intelligence engine, a machine learning model trained toreceive he one or more measurements as input; (see col.89:24-26);
output, based on the one or more measurements, a control instruction that causesthe control action to be performed; (see col. 90:29-30)
receive the one or more measurements from a wearable device being worn by a user; (see col. 90:29-30)
determine whether the one or more measurements indicate, during an interval training session, that one or more characteristics of the user are within a desired target zone (see col. 90:38-41);
and
responsive to determining that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action (see col. 90:41-44).
The difference between claim 11 of the application and claim 9 of the ‘878 patent lies in the fact that the patent claim includes many more elements and is thus much more specific. For example, the ‘878 patent provides a teaching of “the control action comprises a resistance force of a cycling machine” or “diagnosing a medical condition of the user”. Thus, the invention of claim 11 of the patent is in effect a “species” of the “generic” invention of claim 9. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 11 is anticipated by claim 9 of the patent, it is not patentably distinct from claim 11.
Claim 12: Claim 10 of the ‘878 patent provides a teaching of wherein the one or more measurements
comprise a heartrate, a blood pressure, a blood oxygen level, a blood glucose level, a temperature, a perspiration rate, a revolutions per minute, a number of steps, a speed, an amount of force, or some combination thereof.
Claim 13: Claim 11 of the ‘878 patent provides a teaching of wherein the control action comprises
transmitting a notification for presentation on a user interface of a computing device associated with the exercise device, wherein the notification comprises feedback to encourage the user to perform, during the interval training session, an exercise within thetarget training zone.
Claim 14: Claim 12 of the ‘878 patent provides a teaching of wherein the processing device is configured
to:
determine that the one or more measurements indicate the one or more characteristics of the user are within an undesired target zone; (see col. 91:5-9) and
perform the control action, wherein the control action comprises transmitting the control instruction to cause the exercise device to stop operating, to slow down, to generate a warning, or some combination thereof (see col. 91:10-13)
Claim 15: claim 9 of the ‘878 patent provides a teaching of receive data associated with the user (see col. 90:48); and
based on the data and the one or more measurements, predict, via the machinelearning model, a medical condition associated with the user (see col. 90:55-58).
Claim 16: Claim 13 of the ‘878 patent provides a teaching of wherein the wearable device comprises a
watch, a necklace, an anklet, a bracelet, a belt, a ring, a hat, a shoe, a pieceof clothing, or some combination thereof.
Claim 17: Claim 9 of the ‘878 patent provides a teaching of wherein the control action comprises controlling an operating parameter of an exercise device (see col. 90:45-58).
Claim 18: Claim 14 of the ‘878 patent provides a teaching of a system comprising:
a memory device storing instructions (see col. 91:19); and
a processing device communicatively coupled to the memory device, wherein the processing device executes the instructions to: (see col. 91:20-22)
generate, by an artificial intelligence engine, a machine learning modeltrained to receive the one or more measurements as input; (see col. 91:23-25)
output, based on the one or more measurements, a control instruction thatcauses the control action to be performed; (see col. 91:26-27)
receive the one or more measurements from a wearable device being wornby a user; (see col. 91:28-29)
determine whether the one or more measurements indicate, during an interval training session, that one or more characteristics of the user are within a desired target zone (91:30-33); and
responsive to determining that the one or more measurements indicate theone or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action (see col. 91:5-9).
The difference between claim 18 of the application and claim 14 of the ‘878 patent lies in the fact that the patent claim includes many more elements and is thus much more specific. For example, the ‘878 patent provides a teaching of “the control action comprises a resistance force of a cycling machine” or “diagnosing a medical condition of the user”. Thus, the invention of claim 14 of the patent is in effect a “species” of the “generic” invention of claim 18. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 18 is anticipated by claim 14 of the patent, it is not patentably distinct from claim 18.
Claim 19: Claim 15 of the ‘878 patent provides a teaching of wherein the one or more measurements comprise a heartrate, a blood pressure, a blood oxygen level, a blood glucose level, a temperature, a perspiration rate, a revolutions per minute, a number of steps, a speed, an amount of force, or some combination thereof.
Claim 20: Claim 16 of the ‘878 patent provides a teaching of wherein the control action comprises transmitting a notification for presentation on a user interface of a computing device associated with the exercise device, wherein the notification comprises feedback to encourage the user to perform, during the interval training session, an exercise within the target training zone.
Claim Objections
Claims 1-20 objected to because of the following informalities: a cursory review of the claim limitation shows several typographical error. For example, “methodcomprises” on claim 1 line 3, “bya” on claim 1 line 8, “withinthe” on claim 3 line 4, “machinelearning” on claim 5 line 3 and etc. Appropriate correction is required.
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.
Claims 1-2, 4, 6-8, 10-12, 14, 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Proud (US 2014/0246499 A1) in view of Volpe (US 2019/0030415 A1).
Regarding claim 1: Proud disclose a computer-implemented method (Proud, method for monitoring and reporting human physiological information, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information, life activities data of the individual, generate data indicative of one or more contextual parameters of the individual, monitor the degree to which an individual has followed a routine and the like, along with providing feedback to the individual”) for using an artificial intelligence engine (Proud, an artificial intelligence, Para [0120] “An Artificial Intelligence (Al) or Machine Learning-grade algorithms is used to identify the user's activities, behaviors, behaviors and perform analysis”) to perform a control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information), wherein the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) is based on one or more measurements (Proud, one or more measurements is the biometric information, Para [0140] “the biometric information is selected from at least one of, fingerprint, face recognition, DNA, palm print, hand geometry, iris recognition, retina, odor or scent, user gait, user blood pressure, user activity, user habit information, user health information”) from a wearable device (Proud, user monitoring device 10, Para [0084] “the present invention provides a user monitoring device 10, including but not limited to, a wearable device, where one size fits all”), and wherein the computer-implemented method (Proud, method for monitoring and reporting human physiological information, Para [0081]) comprises:
generating, by the artificial intelligence engine (Proud, an artificial intelligence, Para [0120] “An Artificial Intelligence (Al) or Machine Learning-grade algorithms is used to identify the user's activities, behaviors, behaviors and perform analysis”), a machine learning model (Proud, hybrid intelligent systems; Para [0120] “Examples of Al algorithms include Classifiers, Expert systems, case based reasoning, Bayesian Network Systems, and Behavior based AI, Neural networks, Fuzzy systems, Evolutionary computation, and hybrid intelligent systems… Hybrid intelligent systems are any combinations of the above”) trained to receive the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) as input;
outputting, based on the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]), a control instruction (Proud, set of instructions, Para [0353] “Each of the above identified modules and applications correspond to a set of instructions for performing one or more functions described above”) that causes the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) to be performed;
receiving the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) from the wearable device (Proud, user monitoring device 10, Para [0084] “the present invention provides a user monitoring device 10, including but not limited to, a wearable device, where one size fits all”, the one or more measurements is received via the sensor of the user monitoring device 10, Para [0102] “One or more sensors 14 are coupled to the user monitoring device 10. The sensors are measuring devices. As a non-limiting example, the measuring device or sensors 14 can include RTSS devices to detect a user's activities, motions, physical parameters, and the like, including but not limited to, a heart rate monitor, a body temperature probe, a conventional pedometer, an accelerometer and the like”) being worn by a user (Proud, Para [0084] “a user monitoring device 10, including but not limited to, a wearable device, where one size fits all”);
determining whether the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) indicate, during an interval training session (Proud, exercise session), that one or more characteristics (Proud, user parameters) of the user are within a desired target zone (Proud, the desired target zone is targeted threshold level; alert signal when the user parameters are within a targeted threshold level, Para [0261] “Adjustment of user or patient parameters at block 712, as the result of an input provided by the user or patient can be provided for maintaining a feedback or alert signal within a targeted threshold level”); and
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Proud does not disclose responsive to determining that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action.
Volpe teach responsive to determining that the one or more measurements (Volpe, user’s preference) indicate the one or more characteristics (Volpe, user’s pace) of the user are not within the desired target zone (Volpe, target zone, Para [0018]) during the interval training session (Volpe, running session, see FIG.1), performing the control action (Volpe, when the user is not in the desired area, the volume level is reducing to zero until the user re-acquires their desired target zone, Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the computer-implemented method, as disclosed in Proud, to determine that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action, as taught in Volpe, for the purpose of allowing the user to adjust the exercise to meet the user’s goal.
Regarding claim 2: Proud further disclose wherein the one or more measurements (Proud, one or more measurements is the biometric information; the Examiner notes that one or more measurements requires one of the listed elements; emphasis added, Para [0140] “the biometric information is selected from at least one of, fingerprint, face recognition, DNA, palm print, hand geometry, iris recognition, retina, odor or scent, user gait, user blood pressure, user activity, user habit information, user health information”) comprise a heartrate, a blood pressure, a blood oxygen level, a blood glucose level, a temperature, a perspiration rate, a revolutions per minute, a number of steps, a speed, an amount of force, or some combination thereof.
Regarding claim 4: Proud further disclose determining that the one or more measurements (Proud, one or more measurements is the biometric information; the Examiner notes that one or more measurements requires one of the listed elements; emphasis added, Para [0140] “the biometric information is selected from at least one of, fingerprint, face recognition, DNA, palm print, hand geometry, iris recognition, retina, odor or scent, user gait, user blood pressure, user activity, user habit information, user health information”) indicate the one or more characteristics (Proud, user parameters : stress level) of the user are within an undesired target zone (Proud, when the stress level is too high; Para [0079] “Stress monitoring that can utilize sensors to provide warnings when stress levels signs are rising before a human can notice it and provide alerts and suggestions”); and
performing the control action (Proud, monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information), wherein the control action (Proud, monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) comprises transmitting the control instruction (Proud, alerts and suggestions, Para [0079] “Stress monitoring that can utilize sensors to provide warnings when stress levels signs are rising before a human can notice it and provide alerts and suggestions”) to cause the exercise device to stop operating, to slow down, to generate a warning (Proud, warning, the Examiner notes that the control instruction only requires one of the listed elements, Para [0079] “Stress monitoring that can utilize sensors to provide warnings when stress levels signs are rising before a human can notice it and provide alerts and suggestions”), or some combination thereof.
Regarding claim 6: Proud further disclose wherein the wearable device (Proud, monitoring device 10) comprises a watch, a necklace, an anklet, a bracelet, a belt, a ring, a hat, a shoe, a piece of clothing, or some combination thereof (Proud, Para [0084] “Monitoring device 10 can be a sensor enabled item 10, including but not limited to a wearable device, gym bag, wallet, file, shoes, skis, and the like that has its own unique ID”).
Regarding claim 7: Proud further disclose wherein the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) comprises controlling an operating parameter (Proud, sensor operating parameter) of an exercise device (Proud, lifestyle sensor, such as pedometer, is considered to be an exercise device because it is a workout equipment that tracks the user’s activities; Para [0216] “As a user walks or runs, the sensor 14 monitors various functions such as speed, stride length, body functions (heart rate, temperatures, hydration, and the like), and the like”).
Regarding claim 8: Proud further teach responsive to determining (Proud, alert signal when the user parameters are within a targeted threshold level) that the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) indicate, during the interval training session (Proud, exercise session), that the one or more characteristics (Proud, user parameters) of the user are within the desired target zone (Proud, the desired target zone is targeted threshold level, Para [0261] “Adjustment of user or patient parameters at block 712, as the result of an input provided by the user or patient can be provided for maintaining a feedback or alert signal within a targeted threshold level”), performing the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) comprising transmitting a notification (Proud, Para [0233] “The activity manager 218 can then visually, audibly, and/or tactilely notify the user of the presence or non-presence of the items 220”; Para [0232] “the activity manager 218 manages and monitors identifier, enabled items 220, sensors 14, and Network Systems 224 associated with a user activity”) to a computing device (Proud, activity manager 218) associated with an exercise device (Proud, sensor 14, such as pedometer, is considered to be an exercise device because it is a workout equipment that tracks the user’s activities; Para [0216] “As a user walks or runs, the sensor 14 monitors various functions such as speed, stride length, body functions (heart rate, temperatures, hydration, and the like), and the like”).
Proud fails to disclose wherein the notification provides a motivational message to the user.
Volpe teach an analogous device wherein the notification (Volpe, Para [0002] “Other examples found in the prior art are devices and methods which motivate exercise by the changing of tempo or the selection of pre-programmed musical programs or by providing pre-recorded voice messages or audio notifications in the form of beeps or alarms”) provides a motivational message to the user.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the notification of Proud to provide a motivational message to the user, as taught in Volpe, for the purpose of promote healthy lifestyle to the user.
Regarding claim 10: Proud further disclose receiving second input from the user (Proud, the second input is the input on the touch screen 1212; Para [0317] “A touch screen 1212 has a touch-sensitive surface, sensor or set of sensors that accepts input from the user based on haptic and/or tactile contact”), wherein the second input comprises an instruction (Proud, Para [0316] “The touch-sensitive touch screen 1212 provides an input interface and an output interface between the device and a user”) to modify an operating parameter (Proud, sensor operating parameter) of an exercise device (Proud, lifestyle sensor, such as pedometer, is considered to be an exercise device because it is a workout equipment that tracks the user’s activities; Para [0216] “As a user walks or runs, the sensor 14 monitors various functions such as speed, stride length, body functions (heart rate, temperatures, hydration, and the like), and the like”), and the second input (Proud, the second input is the input on the touch screen 1212; Para [0317] “A touch screen 1212 has a touch-sensitive surface, sensor or set of sensors that accepts input from the user based on haptic and/or tactile contact”) is received via a microphone, a touchscreen (Para [0308] “display 1212 that can be a touch sensitive display”), a keyboard, a mouse, a proprioceptive sensor, or some combination thereof.
Regarding claim 11: Proud disclose a tangible, non-transitory computer-readable medium (Proud, system for monitoring and reporting human physiological information, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information, life activities data of the individual”) storing instructions that, when executed, cause a processing device (processor, Para [0061] “The processor then executes the software instructions in memory”) to:
generating, by the artificial intelligence engine (Proud, an artificial intelligence, Para [0120] “An Artificial Intelligence (Al) or Machine Learning-grade algorithms is used to identify the user's activities, behaviors, behaviors and perform analysis”), a machine learning model (Proud, hybrid intelligent systems; Para [0120] “Examples of Al algorithms include Classifiers, Expert systems, case based reasoning, Bayesian Network Systems, and Behavior based AI, Neural networks, Fuzzy systems, Evolutionary computation, and hybrid intelligent systems… Hybrid intelligent systems are any combinations of the above”) trained to receive the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) as input;
outputting, based on the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]), a control instruction (Proud, set of instructions, Para [0353] “Each of the above identified modules and applications correspond to a set of instructions for performing one or more functions described above”) that causes the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) to be performed;
receiving the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) from the wearable device (Proud, user monitoring device 10, Para [0084] “the present invention provides a user monitoring device 10, including but not limited to, a wearable device, where one size fits all”, the one or more measurements is received via the sensor of the user monitoring device 10, Para [0102] “One or more sensors 14 are coupled to the user monitoring device 10. The sensors are measuring devices. As a non-limiting example, the measuring device or sensors 14 can include RTSS devices to detect a user's activities, motions, physical parameters, and the like, including but not limited to, a heart rate monitor, a body temperature probe, a conventional pedometer, an accelerometer and the like”) being worn by a user (Proud, Para [0084] “a user monitoring device 10, including but not limited to, a wearable device, where one size fits all”);
determining (Proud, alert signal when the user parameters are within a targeted threshold level) whether the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) indicate, during an interval training session (Proud, exercise session), that one or more characteristics (Proud, user parameters) of the user are within a desired target zone (Proud, the desired target zone is targeted threshold level, Para [0261] “Adjustment of user or patient parameters at block 712, as the result of an input provided by the user or patient can be provided for maintaining a feedback or alert signal within a targeted threshold level”); and
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Proud does not disclose responsive to determining that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action.
Volpe teach responsive to determining (Volpe, when the user is not in the desired area, the volume level is reducing to zero until the user re-acquires their desired target zone, Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone”) that the one or more measurements (Volpe, user’s preference) indicate the one or more characteristics (Volpe, user’s pace) of the user are not within the desired target zone (Volpe, target zone, Para [0018]) during the interval training session (Volpe, running session, see FIG.1), performing the control action (Volpe, Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the computer-implemented method, as disclosed in Proud, to determine that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action, as taught in Volpe, for the purpose of allowing the user to adjust the exercise to meet the user’s goal.
Regarding claim 12: Proud further disclose wherein the one or more measurements (Proud, one or more measurements is the biometric information; the Examiner notes that one or more measurements requires one of the listed elements; emphasis added, Para [0140] “the biometric information is selected from at least one of, fingerprint, face recognition, DNA, palm print, hand geometry, iris recognition, retina, odor or scent, user gait, user blood pressure, user activity, user habit information, user health information”) comprise a heartrate, a blood pressure, a blood oxygen level, a blood glucose level, a temperature, a perspiration rate, a revolutions per minute, a number of steps, a speed, an amount of force, or some combination thereof.
Regarding claim 14: Proud further disclose determining that the one or more measurements (Proud, one or more measurements is the biometric information; the Examiner notes that one or more measurements requires one of the listed elements; emphasis added, Para [0140] “the biometric information is selected from at least one of, fingerprint, face recognition, DNA, palm print, hand geometry, iris recognition, retina, odor or scent, user gait, user blood pressure, user activity, user habit information, user health information”) indicate the one or more characteristics (Proud, user parameters : stress level) of the user are within an undesired target zone (Proud, when the stress level is too high; Para [0079] “Stress monitoring that can utilize sensors to provide warnings when stress levels signs are rising before a human can notice it and provide alerts and suggestions”); and
performing the control action (Proud, monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information), wherein the control action (Proud, monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) comprises transmitting the control instruction (Proud, alerts and suggestions, Para [0079] “Stress monitoring that can utilize sensors to provide warnings when stress levels signs are rising before a human can notice it and provide alerts and suggestions”) to cause the exercise device to stop operating, to slow down, to generate a warning (Proud, warning, the Examiner notes that the control instruction only requires one of the listed elements, Para [0079] “Stress monitoring that can utilize sensors to provide warnings when stress levels signs are rising before a human can notice it and provide alerts and suggestions”), or some combination thereof.
Regarding claim 16: Proud further disclose wherein the wearable device (Proud, monitoring device 10) comprises a watch, a necklace, an anklet, a bracelet, a belt, a ring, a hat, a shoe, a piece of clothing, or some combination thereof (Proud, Para [0084] “Monitoring device 10 can be a sensor enabled item 10, including but not limited to a wearable device, gym bag, wallet, file, shoes, skis, and the like that has its own unique ID”).
Regarding claim 17: Proud further disclose wherein the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) comprises controlling an operating parameter (Proud, sensor operating parameter) of an exercise device (Proud, lifestyle sensor, such as pedometer, is considered to be an exercise device because it is a workout equipment that tracks the user’s activities; Para [0216] “As a user walks or runs, the sensor 14 monitors various functions such as speed, stride length, body functions (heart rate, temperatures, hydration, and the like), and the like”).
Regarding claim 18: Proud disclose a system (Proud, system for monitoring and reporting human physiological information, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information, life activities data of the individual”) comprising:
a memory device storing instructions (Proud, software instruction, Para [0061] “software instructions that are stored in non-volatile memory (also referred to as secondary memory).”);
a processing device (Proud, processor, Para [0061] “The processor then executes the software instructions in memory”) communicatively coupled to the memory device,
generating, by the artificial intelligence engine (Proud, an artificial intelligence, Para [0120] “An Artificial Intelligence (Al) or Machine Learning-grade algorithms is used to identify the user's activities, behaviors, behaviors and perform analysis”), a machine learning model (hybrid intelligent systems; Para [0120] “Examples of Al algorithms include Classifiers, Expert systems, case based reasoning, Bayesian Network Systems, and Behavior based AI, Neural networks, Fuzzy systems, Evolutionary computation, and hybrid intelligent systems… Hybrid intelligent systems are any combinations of the above”) trained to receive the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) as input;
outputting, based on the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]), a control instruction (Proud, set of instructions, Para [0353] “Each of the above identified modules and applications correspond to a set of instructions for performing one or more functions described above”) that causes the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) to be performed;
receiving the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) from the wearable device (Proud, user monitoring device 10, Para [0084] “the present invention provides a user monitoring device 10, including but not limited to, a wearable device, where one size fits all”, the one or more measurements is received via the sensor of the user monitoring device 10, Para [0102] “One or more sensors 14 are coupled to the user monitoring device 10. The sensors are measuring devices. As a non-limiting example, the measuring device or sensors 14 can include RTSS devices to detect a user's activities, motions, physical parameters, and the like, including but not limited to, a heart rate monitor, a body temperature probe, a conventional pedometer, an accelerometer and the like”) being worn by a user (Proud, Para [0084] “a user monitoring device 10, including but not limited to, a wearable device, where one size fits all”);
determining (Proud, alert signal when the user parameters are within a targeted threshold level) whether the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]) indicate, during an interval training session (Proud, exercise session), that one or more characteristics (Proud, user parameters) of the user are within a desired target zone (Proud, the desired target zone is targeted threshold level, Para [0261] “Adjustment of user or patient parameters at block 712, as the result of an input provided by the user or patient can be provided for maintaining a feedback or alert signal within a targeted threshold level”); and
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Proud does not disclose responsive to determining that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action.
Volpe teach responsive to determining (Volpe, when the user is not in the desired area, the volume level is reducing to zero until the user re-acquires their desired target zone, Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone”) that the one or more measurements (Volpe, user’s preference) indicate the one or more characteristics (Volpe, user’s pace) of the user are not within the desired target zone (Volpe, target zone, Para [0018]) during the interval training session (Volpe, running session, see FIG.1), performing the control action (Volpe, Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the computer-implemented method, as disclosed in Proud, to determine that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session, performing the control action, as taught in Volpe, for the purpose of allowing the user to adjust the exercise to meet the user’s goal.
Regarding claim 19: Proud further disclose wherein the one or more measurements (Proud, one or more measurements is the biometric information; the Examiner notes that one or more measurements requires one of the listed elements; emphasis added, Para [0140] “the biometric information is selected from at least one of, fingerprint, face recognition, DNA, palm print, hand geometry, iris recognition, retina, odor or scent, user gait, user blood pressure, user activity, user habit information, user health information”) comprise a heartrate, a blood pressure, a blood oxygen level, a blood glucose level, a temperature, a perspiration rate, a revolutions per minute, a number of steps, a speed, an amount of force, or some combination thereof.
Claims 3, 13, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Proud (US 2014/0246499 A1) in view of Volpe (US 2019/0030415 A1), and further in view of Chang et al (US 2017/0095692 A1). Proud in view of Volpe teach the invention as substantially claimed, see above.
Regarding claim 3: Proud in view of Volpe teach wherein the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) comprises transmitting a notification (Proud, notification is in visual, audible form, Para [0233] “The activity manager 218 can then visually, audibly, and/or tactilely notify the user of the presence or non-presence of the items 220”) for presentation on a user interface (Proud, user interface 202, Para [0238] “the activity manager 218 displays collected data from the sensors 14 to the user via the user interface 202”) of a computing device (Proud, activity manager 218, Para [0231] “the activity manager 218 manages and monitors identifier, enabled items 220, sensors 14, and Network Systems 224 associated with a user activity”) associated with the exercise device, wherein the notification comprises feedback (Proud, Para [0081] “monitor the degree to which an individual has followed a routine and the like, along with providing feedback to the individual”) when the user perform, during the interval training session (Proud, exercise session), an exercise within the target training zone (Volpe, target zone; when the user is within the target zone, the volume will be restored and acted as a feedback to the user; Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
Proud in view of Volpe fail to teach a feedback to encourage the user to perform the exercise.
Chang et al teach a feedback to encourage the user to perform the exercise. (Chang et al, emphasis added, Para [0111] “The focused approach to feedback delivery of the method functions to address running form issues so as to potentially enhance impact, motivate the participant, and maintain healthy training practices.”)
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Proud in view of Volpe, and further in view of Chang teach wherein the notification comprises feedback (Proud, Para [0081] “monitor the degree to which an individual has followed a routine and the like, along with providing feedback to the individual”) to encourage the user to perform (Chang et al, Para [0111] “The focused approach to feedback delivery of the method functions to address running form issues so as to potentially enhance impact, motivate the participant, and maintain healthy training practices.”), during the interval training session (Proud, exercise session), an exercise within the target training zone (the Examiner considers that the target training zone is the same with the desired target zone in claim 1, lines 12-13, 15; Volpe, target zone, when the user is within the target zone, the volume will be restored and acted as a feedback to the user, Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the feedback, as taught in Proud in view of Volpe, to encourage the user to perform the exercise, as taught in Chang et al, for the purpose of maintain a health training practices.
Regarding claim 13: Proud in view of Volpe teach wherein the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) comprises transmitting a notification (Proud, notification is in visual, audible form, Para [0233] “The activity manager 218 can then visually, audibly, and/or tactilely notify the user of the presence or non-presence of the items 220”) for presentation on a user interface (Proud, user interface 202, Para [0238] “the activity manager 218 displays collected data from the sensors 14 to the user via the user interface 202”) of a computing device (Proud, activity manager 218, Para [0231] “the activity manager 218 manages and monitors identifier, enabled items 220, sensors 14, and Network Systems 224 associated with a user activity”) associated with the exercise device, wherein the notification comprises feedback (Proud, Para [0081] “monitor the degree to which an individual has followed a routine and the like, along with providing feedback to the individual”) when the user perform, during the interval training session (Proud, exercise session), an exercise within the target training zone (Volpe, target zone; when the user is within the target zone, the volume will be restored and acted as a feedback to the user; Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
Proud in view of Volpe fail to teach a feedback to encourage the user to perform the exercise.
Chang et al teach a feedback to encourage the user to perform the exercise. (Chang et al, emphasis added, Para [0111] “The focused approach to feedback delivery of the method functions to address running form issues so as to potentially enhance impact, motivate the participant, and maintain healthy training practices.”)
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Proud in view of Volpe, and further in view of Chang teach wherein the notification comprises feedback (Proud, Para [0081] “monitor the degree to which an individual has followed a routine and the like, along with providing feedback to the individual”) to encourage the user to perform (Chang et al, Para [0111] “The focused approach to feedback delivery of the method functions to address running form issues so as to potentially enhance impact, motivate the participant, and maintain healthy training practices.”), during the interval training session (Proud, exercise session), an exercise within the target training zone (the Examiner considers that the target training zone is the same with the desired target zone in claim 1, lines 12-13, 15; Volpe, target zone, when the user is within the target zone, the volume will be restored and acted as a feedback to the user, Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the feedback, as taught in Proud in view of Volpe, to encourage the user to perform the exercise, as taught in Chang et al, for the purpose of maintain a health training practices.
Regarding claim 20: Proud in view of Volpe teach wherein the control action (Proud, the control action is the monitoring action, Para [0081] “the present invention provides systems and methods for monitoring and reporting human physiological information) comprises transmitting a notification (Proud, notification is in visual, audible form, Para [0233] “The activity manager 218 can then visually, audibly, and/or tactilely notify the user of the presence or non-presence of the items 220”) for presentation on a user interface (Proud, user interface 202, Para [0238] “the activity manager 218 displays collected data from the sensors 14 to the user via the user interface 202”) of a computing device (Proud, activity manager 218, Para [0231] “the activity manager 218 manages and monitors identifier, enabled items 220, sensors 14, and Network Systems 224 associated with a user activity”) associated with the exercise device, wherein the notification comprises feedback (Proud, Para [0081] “monitor the degree to which an individual has followed a routine and the like, along with providing feedback to the individual”) when the user perform, during the interval training session (Proud, exercise session), an exercise within the target training zone (Volpe, target zone; when the user is within the target zone, the volume will be restored and acted as a feedback to the user; Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
Proud in view of Volpe fail to teach a feedback to encourage the user to perform the exercise.
Chang et al teach a feedback to encourage the user to perform the exercise. (Chang et al, emphasis added, Para [0111] “The focused approach to feedback delivery of the method functions to address running form issues so as to potentially enhance impact, motivate the participant, and maintain healthy training practices.”)
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Proud in view of Volpe, and further in view of Chang teach wherein the notification comprises feedback (Proud, Para [0081] “monitor the degree to which an individual has followed a routine and the like, along with providing feedback to the individual”) to encourage the user to perform (Chang et al, Para [0111] “The focused approach to feedback delivery of the method functions to address running form issues so as to potentially enhance impact, motivate the participant, and maintain healthy training practices.”), during the interval training session (Proud, exercise session), an exercise within the target training zone (the Examiner considers that the target training zone is the same with the desired target zone in claim 1, lines 12-13, 15; Volpe, target zone, when the user is within the target zone, the volume will be restored and acted as a feedback to the user, Para [0018] “Successive volume-down commands 8 continue, reducing the volume level to zero until the user re-acquires their desired target zone. Volume is immediately restored 10 to the user's preference as stored in memory 6 when the user's pace returns to the target zone”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the feedback, as taught in Proud in view of Volpe, to encourage the user to perform the exercise, as taught in Chang et al, for the purpose of maintain a health training practices.
Claims 5, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Proud (US 2014/0246499 A1) in view of Volpe (US 2019/0030415 A1), and further in view of Ghaffari et al (US 2017/0095670 A1). Proud in view of Volpe teach the invention as substantially claimed, see above.
Regarding claim 5: Proud in view of Volpe teach receiving data associated with the user (Proud, user feedback, Para [0248] “receiving data associated with the user; and based on the data and the one or more measurements, predicting, via the machine learning model, a medical condition associated with the user.”);
Proud in view of Volpe fail to teach based on the data and the one or more measurements, predicting, via the machine learning model, a medical condition associated with the user.
Ghaffari teach based on the data (Ghaffari, some parameters) and the one or more measurements (Ghaffari, some parameters), predicting a medical condition associated with the user (Ghaffari, Para [0068] “These parameters can be used for detection or prediction of medical conditions and/or as an indicator of general health and well-being of an individual”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the data and the one or more measurements predicting, via the machine learning model, a medical condition associated with the user, as taught in Proud in view of Volpe, as taught by Ghaffari, for the purpose of indicating a general health and well-being of an individual.
Regarding claim 15: Proud in view of Volpe teach receiving data associated with the user (Proud, user feedback, Para [0248] “receiving data associated with the user; and based on the data and the one or more measurements, predicting, via the machine learning model, a medical condition associated with the user.”);
Proud in view of Volpe fail to teach based on the data and the one or more measurements, predicting, via the machine learning model, a medical condition associated with the user.
Ghaffari teach based on the data (Ghaffari, some parameters) and the one or more measurements (Ghaffari, some parameters), predicting a medical condition associated with the user (Ghaffari, Para [0068] “These parameters can be used for detection or prediction of medical conditions and/or as an indicator of general health and well-being of an individual”).
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Proud in view of Volpe, and further in view of Ghaffari teach based on the data (Proud, user feedback, Para [0248] “receiving data associated with the user; and based on the data and the one or more measurements, predicting, via the machine learning model, a medical condition associated with the user.”) and the one or more measurements (Proud, one or more measurements is the biometric information, Para [0140]), predicting, via the machine learning model (Proud, hybrid intelligent systems; Para [0120] “Examples of Al algorithms include Classifiers, Expert systems, case based reasoning, Bayesian Network Systems, and Behavior based AI, Neural networks, Fuzzy systems, Evolutionary computation, and hybrid intelligent systems… Hybrid intelligent systems are any combinations of the above”), a medical condition associated with the user (Ghaffari, Para [0068] “These parameters can be used for detection or prediction of medical conditions and/or as an indicator of general health and well-being of an individual”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the data and the one or more measurements predicting, via the machine learning model, a medical condition associated with the user, as taught in Proud in view of Volpe, and further in view of Ghaffari, for the purpose of indicating a general health and well-being of an individual.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Proud (US 2014/0246499 A1) in view of Volpe (US 2019/0030415 A1), and further in view of Errante et al (US 2019/0244540 A1). Proud in view of Volpe teach the invention as substantially claimed, see above.
Regarding claim 9: Proud in view of Volpe teach wherein the interval training session is included in an exercise plan which the user is performing. (Proud, Para [0288] “A plan and/or set of goals are provided in the form of a suggested healthy daily routine”)
Proud in view of Volpe do not teach wherein the interval training session is included in an exercise plan associated with a rehabilitation program which the user is performing.
Errante teach wherein the interval training session is included in an exercise plan associated with a rehabilitation program which the user is performing. (Errante et al, emphasis added, Para [0032] “The strength & conditioning coach may make quick and easy changes to training plans on a mass scale… The strength & conditioning coach may be provided with knowledge about what the medical staff is having the athlete do during rehabilitation or physical therapy situations”)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the exercise plan, as taught in Proud in view of Volpe, to be associated with a rehabilitation program, as taught in Errante, for the purpose of avoiding injuries to the user during exercise.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J UTAMA whose telephone number is (571)272-1676. The examiner can normally be reached 9:00 - 17:30 Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (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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/ROBERT J UTAMA/Primary Examiner, Art Unit 3715
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