DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 21-28 and 32-40 are is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Case, Jr. (US 2007/0247306).
Re claim 21: Case, Jr. teaches a method performed on a device (606) comprising receiving a user identifier of a user (802), scanning, using the mobile device, a smart tag (104) of an item (102), determining, based on the smart tag, an item identifier, determining, based on the user identifier and the item identifier, whether the user is a registered owner of the item, displaying, on the mobile device, a first menu in response to determining that the user is a registered owner of the item (i.e., progress in the challenge, receive additional information or additional challenges), and displaying, on the mobile device, a second menu in response to determining that the user is not a registered owner of the item (i.e., the device displays information if the user and/or shoe information is not found) (see figs. 1-8; paragraphs 0063-0067).
However, Case, Jr. fails to particularly teach that the device is mobile device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system (606) located at the sales desk portable improving mobility of the device, since it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art. In re Lindberg, 93 USPQ 23 (CCPA 1952).
Re claim 22: Wherein the first menu comprises statistics related to the registered owner such as mileage information.
Re claim 23: Wherein the statistics comprises workout performance information related to the registered owner such as mileage information.
Re claim 24: Wherein the statistics comprises route information (paragraph 0062, claim 52).
Re claim 25: Wherein the first menu comprises stored workouts (paragraph 0062, claim 52).
Re claim 26: Wherein the workouts comprises at least one of jogging routes, trail routes, cycling routes, swimming laps, or a cross-training exercise (paragraph 0062, claim 52).
Re claim 27: Wherein the first menu comprises workout history of prior workouts completed by the registered owner such progress in challenge.
Re claim 28: The method further comprising receiving, from a remote device, workout data in response to the registered owner selecting an option of the first menu such as receiving additional challenges.
Re claim 32: Wherein the second menu comprises a welcome message (i.e., the welcome message is implicitly displayed for the user registering after purchasing a new pair of shoes (102).
Re claim 33: Wherein the welcome message comprises an identification of the item (i.e., the user registering with new shoes having identification information).
34. (New) The method of claim 21, wherein the second menu comprises an option for the user to register the item (i.e., the user can register the shoes a contest, paragraph 0064).
Re claim 35: Wherein the user identifier comprises well-known a username
Re claim 36: Case, Jr. teaches a system comprising a device (606) comprising a user input, the user input comprising a display, wherein the portable device is configured to receive a user identifier of a user (802), scan a smart tag (104) of an item (102), determine an item identifier based on the smart tag, determine, based on the user identifier and the item identifier, whether the user is a registered owner of the item, displaying, on the display, a first menu in response to determining that the user is a registered owner of the item (i.e., progress in the challenge, receive additional information or additional challenges), and displaying, on the display, a second menu in response to determining that the user is not a registered owner of the item (i.e., the device display information if the user and/or shoe information is not found) (see figs. 1-8; paragraphs 0063-0067).
However, Case, Jr. fails to particularly teach that the device is mobile device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system (606) located at the sales desk portable improving mobility of the device, since it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art. In re Lindberg, 93 USPQ 23 (CCPA 1952).
Re claim 37: Wherein the scanning is done using at least one of a scanner, a camera, an NFC reader, or an RFID reader (i.e., electronic communications protocols can be used for data transmission, paragraph 0040).
Re claim 38: Wherein the portable device is configured to display workout information in response to receiving a user input selecting a first option of the first menu (paragraph 0062, claim 52).
Re claim 39: Wherein the workout information comprises at least one of jogging routes, trail routes, cycling routes, swimming laps, or a cross-training exercise (paragraph 0062, claim 52).
Re claim 40: Wherein the portable device is configured to receive workout information from a remote device ins response to receiving a user input selecting a second option of the first menu such as receiving additional challenges.
Allowable Subject Matter
Claims 29-31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
None of prior art teaches the first menu comprising an option to receive a workout from a friend and the first menu comprises an option to transfer ownership of the item from the registered owner to a new registered owner as set forth in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEUNG H LEE whose telephone number is (571)272-2401. The examiner can normally be reached 7-4:00PM.
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/SEUNG H LEE/Primary Examiner, Art Unit 2876
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