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).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/18/24 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 § 102
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.
Claims 1, 2, 4, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwata et al., United States Patent Publication 20220105415 (hereinafter “Iwata”).
Claim 1:
Iwata discloses:
An exercise menu management device that provides a user with an exercise menu related to improvement of a walking function, the exercise menu management device (see paragraphs [0024] and [0025]). Iwata teaches the trainee to select a training item suitable for him/her from among a large number of training items in a menu, comprising:
a memory storing
body state information of a plurality of predetermined parts related to the walking function among parts of a body of the user (see paragraphs [0028]-[0030]). Iwata teaches body state information such as symptoms related to certain parts of the body, organ information related to each physical function, etc.,
walking importance degree information indicating a degree of importance related to the walking function for each of the plurality of predetermined parts (see paragraphs [0009], [0010], [0031], [0032] and [0045]). Iwata teaches a priority is set for each item of the plurality of physical functions included in the physical function information 112. The priorities are set based on past performance, for example, the training items associated with higher priority physical functions are said to be effective in recovering the symptoms, and
exercise information indicating a relationship between a plurality of exercises contributing to the improvement of the walking function and the plurality of predetermined parts (see paragraphs [0009], [0010] and [0045]). Iwata teaches the exercise information has a relationship with being effective for recovering the symptoms; and
a processor programmed to
select one or more of the plurality of predetermined parts based on the body state information and the walking importance degree information (see paragraph [0050]). Iwata teaches extracts one or more training items selected in the database. The example of FIG. 3 is merely an example, and it is needless to say that other symptoms, physical functions, organs, and training items may be further associated with the training item,
create the exercise menu by selecting from the plurality of exercises a predetermined exercise related to the selected one or more predetermined parts (see paragraph [0058]). Iwata teaches creating exercises plains based on the exercises and how they will improve body parts, and
output the exercise menu that has been created (see paragraphs [0036], [0056], [0057]). Iwata teaches outputting the menu of training items.
Claim 2:
Iwata discloses:
wherein the processor outputs the exercise menu to a user device used by the user (see paragraphs [0051] and [0052]). Iwata teaches outputting the exercise menu to the display device.
Claim 4:
Iwata discloses:
wherein the processor is further programmed to acquire and manage data related to walking of the user when the user participates in an event contributing to the improvement of the walking function (see paragraph [0045]). Iwata teaches acquire and manage performance data related to performing a physical activity.
Claim 10, 11:
Although Claim 10 is a method claim and Claim 11 is non-transitory computer-readable medium claim, they are interpreted and rejected for the same reasons as the method of Claim 1.
Claim Rejections - 35 USC § 103
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 3 and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Iwata, in view of Kaleal et al., United States Patent Publication 2015/0126826 (hereinafter “Kaleal”).
Claim 3:
Iwata fails to expressly disclose the exercise information having a level of difficulty.
Kaleal discloses:
wherein the exercise information further includes a degree of difficulty at the time of executing the plurality of exercises, and the processor selects the predetermined exercise based on the degree of difficulty (see paragraph [0137]). Kaleal teaches in situations where a user's physical and physiological activity performance is above standard and/or consistently on point, rather than merely praising the user for the good performance and encouraging the user to keep it up, it may be more appropriate to increase the intensity or difficulty level of the fitness activity or have the user advance to a new fitness activity that focuses on a new muscle group or skill set.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the method disclosed by Iwata to include a difficulty level for the purpose of efficiently using various tools to control, improve or accommodate an individual's physical and physiological activity, as taught by Kaleal.
Claim 5:
Iwata discloses:
An exercise menu management system comprising: the exercise menu management device according to claim 2 (see paragraphs [0051] and [0052]). Iwata teaches outputting the exercise menu to the display device;
the user device (see paragraphs [0035]-[0037]). Iwata teaches the user device; and
Iwata fails to expressly disclose an exercise device and a sensor.
Kaleal discloses:
an exercise device used by the user , wherein the user device includes a communication circuit that communicates with the exercise device (see paragraph [0043]). Kaleal teaches the exercise machine that communicated with a user device, and
the exercise device includes a sensor that detects information of a time when the user performs an exercise, and a communication part that transmits the information detected by the sensor to the communication circuit (see paragraphs [0041] and [0042]). Kaleal teaches a wearable device having sensors and motion sensors tracking the user physical activity.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the method disclosed by Iwata to include an exercise machine and sensors for the purpose of efficiently using various tools to control, improve or accommodate an individual's physical and physiological activity, as taught by Kaleal.
Claim 6:
Iwata fails to expressly disclose sending information to the user about the exercise.
Kaleal discloses:
wherein the exercise device further includes an information provision part, and the information provision part provides the user with information on the exercise (see paragraph [0156]). Kaleal teaches guiding the user with information on the exercise.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the method disclosed by Iwata to include an information provision part for the purpose of efficiently using various tools to control, improve or accommodate an individual's physical and physiological activity, as taught by Kaleal.
Claim 7:
Iwata fails to expressly disclose a exercise device.
Kaleal discloses:
wherein the exercise device includes a board part placed on a floor, a plurality of main body parts provided on the board part, and an attachment part provided in each of the main body parts so as to be expandable and attached to the body of the user (see paragraph [0043]). Kaleal teaches exercise machines with attachable sensors to monitor the users physical activity,
each of the main body parts is configured to exert a force of pulling the attachment part separated from the respective main body part to the respective main body part (see paragraphs [0041] and [0043]). Kaleal teaches sensors that can be attached or unattached to the device,
the information provision part is provided in each of the main body parts (see paragraph [0156]). Kaleal teaches guiding the user with information through each exercise, and
each of the information provision parts provides the user with the information related to the exercise by working together with each of the other information
provision parts (see paragraph [0156]). Kaleal teaches guiding the user with information on the exercise in sequential order through each exercise.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the method disclosed by Iwata to include an exercise machine and information provision part for the purpose of efficiently using various tools to control, improve or accommodate an individual's physical and physiological activity, as taught by Kaleal.
Claim 8:
Iwata fails to expressly disclose a moving image.
Kaleal discloses:
wherein the moving image is prepared according to a type of the user, and the processor causes the moving image according to the type of the user to be read from the memory and causes the moving image to be distributed to the user device (see figure 7 and paragraph [0156]). Kaleal teaches presents a user with an avatar to facilitate guiding the user through a selected fitness routine.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the method disclosed by Iwata to include a moving image for the purpose of efficiently using various tools to control, improve or accommodate an individual's physical and physiological activity, as taught by Kaleal.
Claim 9:
Iwata fails to expressly disclose a moving image.
Kaleal discloses:
wherein the moving image is prepared according to a type of the user, and the processor causes the moving image according to the type of the user to be read from the memory and causes the moving image to be distributed to the user device (see paragraph [0047]). Kaleal teaches distributing and displaying an avatar on the display screen of the user.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the method disclosed by Iwata to include a moving image for the purpose of efficiently using various tools to control, improve or accommodate an individual's physical and physiological activity, as taught by Kaleal.
Pertinent Art
2003/0027688 – generates a custom program but does not create a menu of programs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIONNA M BURKE whose telephone number is (571)270-7259. The examiner can normally be reached M-F 8a-4p.
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/TIONNA M BURKE/Examiner, Art Unit 2178 9/30/26
