DETAILED ACTION
This is the first Office Action on the merits based on the 18/907,028 application filed on 04/28/2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20, as originally filed, are currently pending and considered below.
Election/Restrictions
The Applicant has traversed the election requirement mailed on 04/09/2026. Upon reconsideration, the Examiner has determined to withdraw the requirement for restriction as being improper. Claims 1-6, therefore, have been reinstated instead of being withdrawn and are now currently pending and considered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/02/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 15, the limitation “the competitor” in line 3 lacks antecedent basis. Applicant is advised to change the dependency of the claim to claim 14.
Allowable Subject Matter
Claims 1-13 and 16-20 allowed.
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
None of the prior art of record either alone or in combination teach or suggest all the structural and functional limitations as recited in the claim, and more specifically, determining one or more of: a chronic fatigue value of the user based on past performance data of the user performing another workout session during a prior time period; or at least one acute fatigue value of the user using at least a first subset of the plurality of power output data points; determining a plurality of relative effort values of the user performing the workout session using at least a second subset of the plurality of power output data points, and one or more of the chronic fatigue value or the at least one acute fatigue value; and presenting the plurality of relative effort values of the user with a second plurality of relative effort values of another user performing the workout session or the user performing the workout session at a prior time in a graphical user interface. The Foley reference does not specifically detail the generation of specific effort values to compare between two users.
The prior art of record Foley (US Patent Pub. No. 2019/0262665; PD: 08/29/2019), Autlet (US Patent Pub. No. 2022/0032125; PD: 02/03/2022), Guidarelli (US Patent Pub. No. 2022/0370851; PD: 11/24/2022), and Min (US Patent Pub. No. 2020/0139194; PD: 05/07/2020) fail to teach or render obvious claims 1-14 and 16-20.
PNG
media_image1.png
418
610
media_image1.png
Greyscale
Foley discloses a computer implemented method (i.e., the leaderboard module of the system of Foley; Para. [0053]) comprising: obtaining a plurality of power output data points (i.e., the system measures performance parameters such as power output of users performing exercises on exercise machines allowing for competitive activities between users on a leaderboard 234; Para; [0009]; the generation and determination of specific effort values from the power output data in a workout session is not fully disclosed within the Foley reference) from a user performing a workout session but does not teach determining one or more of: a chronic fatigue value of the user based on past performance data of the user performing another workout session during a prior time period; or at least one acute fatigue value of the user using at least a first subset of the plurality of power output data points; determining a plurality of relative effort values of the user performing the workout session using at least a second subset of the plurality of power output data points, and one or more of the chronic fatigue value or the at least one acute fatigue value; and presenting the plurality of relative effort values of the user with a second plurality of relative effort values of another user performing the workout session or the user performing the workout session at a prior time in a graphical user interface.
PNG
media_image2.png
394
406
media_image2.png
Greyscale
Autlet discloses a computer implemented method comprising: obtaining a plurality of power output data points (i.e., the biometric information of the user can be recorded including power output; Para. [0026]) from a user performing a workout session; determining one or more of intensity’s zones of a user (i.e., the system provides power outputs during a workout session but does not compute effort values from the power output data of the users; Para. [0047]-[0049]) but does not teach a chronic fatigue value of the user based on past performance data of the user performing another workout session during a prior time period; or at least one acute fatigue value of the user using at least a first subset of the plurality of power output data points; determining a plurality of relative effort values of the user performing the workout session using at least a second subset of the plurality of power output data points, and one or more of the chronic fatigue value or the at least one acute fatigue value; and presenting the plurality of relative effort values of the user with a second plurality of relative effort values of another user performing the workout session or the user performing the workout session at a prior time in a graphical user interface.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW M KOBYLARZ/Examiner, Art Unit 3784
Prosecution Insights