DETAILED ACTION
This is a first office action in response to application 18/966,907 filed 03/07/2025, in which claims 1-20 are presented for examination. This application is a continuation of U.S. Patent Application No. 17/322,396 filed May 17, 2021 now issued as U.S. Patent No. 12,194,341, which is a continuation of U.S. Patent Application No. 13/757,417, filed February 1, 2013 now issued as U.S. Patent No. 11,006,690.
Currently Claims 1-20 are pending.
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 .
Information Disclosure Statement
The information disclosure statement filed 03/07/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,194,341 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are broader in scope of that already claimed in the noted patent. Thus the scope of the claims in the instant application encompasses that which was already granted in U.S. Patent No. 12,194,341 B2.
As an example, see the below comparison of independent claims 1, 14, and 17 of the instant application to that of independent claims 1, 15, and 18 in granted patent:
Instant Application 18/966,907
U.S. Patent No. 12,194,341 B2
1. A system for analyzing athletic activity, comprising:
a sensor system comprising a plurality of sensors and associated with a user; an electronic device in communication with the sensor system, the electronic device configured to perform:
receiving data generated by the sensor system;
providing feedback to the user based on a comparison of the data to a biomechanical movement template corresponding to a desired biomechanical movement pattern; receiving terrain information related to a position of the user; altering the biomechanical movement template based on the terrain information, to generate an altered biomechanical movement template, wherein the altered biomechanical movement template corresponds to an altered biomechanical movement pattern that is different than the desired biomechanical movement pattern, and wherein the altered biomechanical movement template is a different template from the biomechanical movement template; and providing additional feedback to the user based on the altered biomechanical movement template.
1. A system for analyzing athletic activity, comprising: an article of apparel including
a sensor system comprising a plurality of sensors engaged with the article of apparel and configured to sense a biomechanical parameter of a user while the user is in biomechanical movement; a GPS module configured for detecting a position of the user; and an electronic device in communication with the sensor system and with the GPS module, the electronic device configured to perform:
receiving data generated by the sensor system; comparing the data to a biomechanical movement template corresponding to a desired biomechanical movement pattern to determine whether a deviation from the biomechanical movement template exists;
providing biomechanical movement coaching feedback to the user based on comparing the data to the biomechanical movement template; receiving a position of the user from the GPS module; receiving terrain information related to the position; altering the biomechanical movement template based on the terrain information, to generate an altered biomechanical movement template, wherein the altered biomechanical movement template corresponds to an altered biomechanical movement pattern that is different than the desired biomechanical movement pattern, and wherein the altered biomechanical movement template is a different template from the biomechanical movement template; and providing additional biomechanical movement coaching feedback to the user based on the altered biomechanical movement template.
14. A computer-assisted method for analyzing athletic activity, comprising: receiving data generated for a user by a sensor system;
providing feedback to the user based on a comparison of the data to a biomechanical movement template corresponding to a desired biomechanical movement pattern; receiving terrain information related to a position of the user; altering the biomechanical movement template based on the terrain information, to generate an altered biomechanical movement template, wherein the altered biomechanical movement template corresponds to an altered biomechanical movement pattern that is different than the desired biomechanical movement pattern, and wherein the altered biomechanical movement template is a different template from the biomechanical movement template; and providing additional feedback to the user based on the altered biomechanical movement template.
15. A computer-assisted method for analyzing athletic activity, comprising: receiving data, at a processor of an electronic device, from a sensor system engaged with an article of apparel, the sensor system comprising a plurality of sensors engaged with the article of apparel and configured to sense a biomechanical parameter of a user while the user is in biomechanical movement; comparing the data to a biomechanical movement template stored in a memory of the electronic device, by the processor, the biomechanical movement template corresponding to a desired biomechanical movement pattern, to determine whether a deviation from the biomechanical movement template exists; providing, from the processor, biomechanical movement coaching feedback to the user based on comparing the data to the biomechanical movement template; receiving a position of the user, by the processor, from a GPS module; receiving terrain information related to the position, by the processor; altering the biomechanical movement template, by the processor, based on the terrain information, to generate an altered biomechanical movement template, wherein the altered biomechanical movement template corresponds to an altered biomechanical movement pattern that is different than the desired biomechanical movement pattern, and wherein the altered biomechanical movement template is a different template from the biomechanical movement template; and providing, from the processor, additional biomechanical movement coaching feedback to the user based on the altered biomechanical movement template.
17. An apparatus comprising: one or more processors; and memory storing computer-executable instructions that when executed by the one or more processors, cause the apparatus to perform:
receiving data generated for a user by a sensor system; providing feedback to the user based on a comparison of the data to a biomechanical movement template corresponding to a desired biomechanical movement pattern; receiving terrain information related to a position of the user; altering the biomechanical movement template based on the terrain information, to generate an altered biomechanical movement template, wherein the altered biomechanical movement template corresponds to an altered biomechanical movement pattern that is different than the desired biomechanical movement pattern, and wherein the altered biomechanical movement template is a different template from the biomechanical movement template; and providing additional feedback to the user based on the altered biomechanical movement template.
18. A non-transitory computer-readable medium including computer-executable instructions configured to cause an electronic device to perform:
receiving data from a sensor system engaged with an article of apparel, the sensor system comprising a plurality of sensors engaged with the article of apparel and configured to sense a biomechanical parameter of a user while the user is in biomechanical movement; comparing the data to a biomechanical movement template stored in a memory of the electronic device, the biomechanical movement template corresponding to a desired biomechanical movement pattern, to determine whether a deviation from the biomechanical movement template exists; providing biomechanical movement coaching feedback to the user based on comparing the data to the biomechanical movement template; receiving a position of the user from a GPS module; receiving terrain information related to the position; altering the biomechanical movement template based on the terrain information, to generate an altered biomechanical movement template, wherein the altered biomechanical movement template corresponds to an altered biomechanical movement pattern that is different than the desired biomechanical movement pattern, and wherein the altered biomechanical movement template is a different template from the biomechanical movement template; and providing additional biomechanical movement coaching feedback to the user based on the altered biomechanical movement template.
Further depending claims 2-13, 15-16, and 18-20 of the instant application recites similar language as that already claimed in the independent and depending claims 2-14, 16-17, and 19-20 and are therefore rejected under similar rationale.
Conclusion
Prior art made of record and not relied upon which is still considered pertinent to applicant's disclosure is cited in a current or previous PTO-892. The prior art cited in a current or previous PTO-892 reads upon the applicants claims in part, in whole and/or gives a general reference to the knowledge and skill of persons having ordinary skill in the art before the effective filing date of the invention. Applicant, when responding to this Office action, should consider not only the cited references applied in the rejection but also any additional references made of record.
In the response to this office action, the Examiner respectfully requests support be shown for any new or amended claims. More precisely, indicate support for any newly added language or amendments by specifying page, line numbers, and/or figure(s). This will assist The Office in compact prosecution of this application. The Office has cited particular columns, paragraphs, and/or line numbers in the applied rejection of the claims above for the convenience of the applicant. Citations are representative of the teachings in the art and are applied to the specific limitations within each claim, however other passages and figures may apply. Applicant, in preparing a response, should fully consider the cited reference(s) in its entirety and not only the cited portions as other sections of the reference may expand on the teachings of the cited portion(s).
Applicant Representatives are reminded of CFR 1.4(d)(2)(ii) which states “A patent practitioner (§ 1.32(a)(1) ), signing pursuant to §§ 1.33(b)(1) or 1.33(b)(2), must supply his/her registration number either as part of the S-signature, or immediately below or adjacent to the S-signature. The number (#) character may be used only as part of the S-signature when appearing before a practitioner’s registration number; otherwise the number character may not be used in an S-signature.” When an unsigned or improperly signed amendment is received the amendment will be listed in the contents of the application file, but not entered. The examiner will notify applicant of the status of the application, advising him or her to furnish a duplicate amendment properly signed or to ratify the amendment already filed. In an application not under final rejection, applicant should be given a two month time period in which to ratify the previously filed amendment (37 CFR 1.135(c) ).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J JANSEN II whose telephone number is (571)272-5604. The examiner can normally be reached Normally Available Monday-Friday 9am-4pm EST.
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/Michael J Jansen II/ Primary Examiner, Art Unit 2626
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